| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PATIALA. Complaint No.323 of 19.11.2014 Decided on: 10.1.2018 Sarabjit Kaur daughter of S.Darshan Singh, R/o H.No.393, New Mehar Singh Colony, Patiala. …………...Complainant Versus - Branch Manager, Life Insurance Corporation of India, Chhoti Baradari, Patiala.
- Sr.Divisional Manager, Life Insurance Corporation of India, Jeewan Parkash Division Office, Sector –B, Chandigarh.
…………….Ops Complaint under Section 12 of the Consumer Protection Act. QUORUM Smt.Neena Sandhu, President Smt.Neelam Gupta, Member ARGUED BY: Sh.Amrinder Singh, Advocate, counsel for complainant. Smt.Mandeep Kaur, Advocate, counsel for opposite parties. ORDER SMT.NEENA SANDHU, PRESIDENT Smt.Sarabjit Kaur complainant has filed this complaint under Section 12 of the Consumer Protection Act,1986 ( hereinafter referred to as the Act) against the Opposite Parties (hereinafter referred to as the O.Ps.) The brief facts of the complaint are as under: That late Darshan Singh, father of the complainant Sarabjit Kaur got issued policy bearing No.164511705 for the sum assured of Rs.5lac. from the Ops and paid the premium for the same. The complainant is the nomine of Darshan Singh in the said policy. After the death of her father, complainant applied with the Ops and claimed for the insured amount of death of her father but the OPs repudiated her vide their letter dated 30.3.2013 on the ground that ‘the complainant in connivance with one Mr.Manoj Kumar agency code No.9068016 has taken the said policy with purpose to defraud the LIC and also taken a ground that during the discreet investigation and verification report proved that documents so submitted by the complainant for claiming policy amount were forged and fabricated.’ It is stated that no detailed reason has been given in the said letter. It is averred that the Ops after having done detailed inspection regarding the documents so submitted by the deceased, issued the policy in question. The complainantgot issued a legal notice dated 20.9.2014 upon the Ops through her counsel S.Amrinder Singh, Advocatebut the Ops failed to give any reply to the said notice nor claim amount has been paid to the complainant. The act and conduct of the OPs amounted to deficiency in service on their part, which caused mental agony and physical harassment to her. Hence this complaint with a prayer for a direction to the Ops to pay the sum assured of Rs.5lacs and the premium paid for the policy having No.164511705, issued in the name of Darshan Singh alongwith interest18% per annum alongwith compensation and cost of litigation. On being put to notice, the Ops appeared through their counsel and filed the written version takingpreliminary objections interalia that this Forum does not have the territorial jurisdiction to try and decide the present complaint and that the same is liable to be dismissed on the ground of mis joinder and non joinder of necessary parties. On merits, it is stated that on the basis of the proposal form filled by deceased (LA) Darshan Singh and declaration given by him, the insurance policy No.164511705 alongwith terms and conditions was issued to him. It is further stated that the policy contract is legal contract between the parties and no one is allowed to wriggle out from the terms and conditions of the insurance policy. It is stated that the first premium of the policy was paid on 15.4.2011. Darshan Singh (LA) died only after 8 months and 20 days i.e. within the first year of the policy. The complainant also filled up the form No.3783 i.e. the claimant form, Form Nos.3784 i.e. medical attendant certificate, 3785 i.e. identity and cremation certificate and 3816 i.e. certificate of hospital treatment. In forms No.3783 and 3785, it was stated by the complainant that her father died suddenly due to heart failure. However no medical record was submitted by the complainant alongwith the Form no.3816.It being an early claim, the same was got investigated by Sh.Rakesh Rahul, Branch Manager, LIC, Patiala. During investigation, it came to light that the policy had been taken by the LA in connivance with the agent Mr.Manoj Kumar having agency code No.9068016.The Investigator Officer stated as follows:
“In my investigation, I have come to the conclusion, irrespective of the deceased’s health, this is not confirmed what was the correct date of death because no one has seen the dead body and I have not found any person in locality, who was in cremation. When we tried to investigate further, we came to know that Municipal Committee, (death certificate issuing authority) registration office has issued the death certificate, on behalf of Tripuri Cremation Ground Swarag Dham. Because date of cremation( in death register) date of death and receipt of wood’s(used for funeral) was issued by Swarg Dham Cremation ground Tripuri which are basic requirements, for issuing the death certificate. But when we visited the cremation ground, we were surprised to see that, in death register, there was no entry with the name of Darshan Singh from 1.1.2012 to 31.1.2012.Despite of this Sr.No.1574 used in the form ( intimation form of death) was nowhere. In death Register Sr.Nos.are 411 to 421.Moreover, receipt issued for wood was just for Rs.240/- which was a donation(Daan) without name and with date of 8.1.2012”. At the end the investigator has concluded that death certificate was not genuine, date of death was not certain. That was a fraud with LIC. Therefore, no payment should be made to the claimant. Claim should be repudiated. It is stated that on the basis of the Investigator report and keeping in view the terms and conditions of the policy, the Ops have rightly repudiated the claim of complainant as per clause 6 i.e. Forfeiture in certain events, videletter dated 30.3.2013. The complainant is not entitled for any damages. There is no deficiency of service on the part of the OPs. After denouncing all other averments made in the complaint, it was prayed to dismiss the complaint. On being called to do so, the learned counsel for the complainant has tendered in evidence Ex.CA sworn affidavit of the complainant, Ex.CB sworn affidavit of Surinder Singh,Ex.C1 letter dated 17.8.2012, Ex.C2letter dated 30.3.2013,Ex.C3 copy of legal notice, Ex.C4 and Ex.C5 postal receipts,Ex.C6 copy of death certificate,Ex.C7 copy of voter card,Ex.C8 copy of driving licence and closed the evidence of the complainant.
The ld. counsel for the OPs has tendered in evidence Ex.OPA, sworn affidavit of Smt.Hem Lata ,Manager (Legal & HPF) LIC, Ex.OPB sworn affidavit of Sh.Rakesh Rahul, Branch Manager, Investigator, LIC of India, Patiala, Ex.OP1, copy proposal form,Ex.OP2, copy of policy, Ex.OP3 copy of letter/application, Ex.OP4 copy of nominee’s statement, Ex.OP5 copy of medical attendance certificate, Ex.OP6 copy of form No.3785, Ex.OP7, copy of form No.3816, Ex.OP8 copy of claims enquiry report,Ex.OP9 copy of letter dated 30.3.2013, Ex.OP10 copy of receipt dated 5.1.2012, Ex.OP11 copy of intimation letter submitted in Municipal Committee, Ex.OP12 copy of extract of register of Swarag Dham, Tripuri Town, Patiala,Ex.OP13 copy of receipt dated 8.1.2012, Ex. OP14 copy of claims enquiry report and closed the evidence. Thelearned counsel for the Ops also examined Sh.Satparkash Nasra, President , Swargdham Shamshan Ghat Sabha Society ( Regd.) andSh.Devinder Singh, MPHW of Municipal Corporation, Patiala, whose statements have been recorded as OPW1 and OPW2 respectively. We have heard the learned counsel for the parties and have also gone through the record of the case, carefully. At the outset, the ld. counsel for the Ops has argued that since the life assured died within one year from the date of inception of the policy, therefore, the case was referred for investigation by the Ops. The concerned Investigator submitted his report Ex.OP14, in which it was stated that as per the cremation register, Ex.OP12, maintained by the Swargdham Shamshan Ghat Sabha Society ( Regd.), no person in name of Darshan Singh was cremated on 5.1.2012.The complainant has procured the death certificate of late Darshan Singh by tempering the receipt bearing No.742. Therefore, she is not entitled to get any claim. - From the perusal of the copy of extract of cremation register,Ex.OP12, for the period from 31.12.2012 to 22.1.2012, maintained by Swarg Dham Shamshan Ghat Sabha Society, it is evident that on 5.1.2012, there was no entry with regard to the cremation of dead body with the name Darshan Singh at the said cremation ground.We have also perused the receipts Exs. OP10 & OP13 and found that both the receipts bear same number i.e. 742 but bear different dates i.e. 5.1.2012 and 8.1.2012. As such both the receipts bearing same number do not match with each other. Even other wise also Sh.Satparkash Nasra, President Swarg Dham Shamshan Ghat Sabha Society (Regd.), in his statement recorded on 3.5.2016, has stated that as per the register no person named as Darshan Singh was cremated on 5.1.2012 Swarg Dham Shamshan Ghat. The receipt No.742 dated 8.1.2012 is of Gupt Dann of Rs.240/- by some annonamous person . The receipt Ex.C10, was not issued by the Swarg Dham Shamshan Ghat Sabha Society. It appears to be tempered. Ex.OP11 was also not issued by the said society.A printed form supplied by the Corporation, is given to the person who comes to perform the cremation of the dead body. Even from the statement of witness namely Sh.Devinder Kumar, MPHW of Municipal Corporation, Patiala, it is evident that the death certificate of late Darshan Singh had not been issued after the verification of the death record . Taking all these facts and circumstances into consideration, we have no reason to disbelieve the contention of the ld. counsel of the Ops that the complainant had procured the death certificate of late Darshan Singh from the competent authority by tempering the document. Thus, the Ops cannot be said be wrong in repudiating the claim. Be that as it may, we do not find any merit in the complaint and hereby dismiss the same without any order as to cost.Certified copies of this order be sent to the parties free of cost under the Rules. Thereafter, file be indexed and consigned to the Record Room.
ANNOUNCED DATED: 10 .1.2018 NEENA SANDHU PRESIDENT NEELAM GUPTA MEMBER | |
