Delhi

North East

CC/225/2016

Smt. Asha Sharma - Complainant(s)

Versus

L.I.C. COMP. LTD. - Opp.Party(s)

07 Sep 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No.225/16

 

 

In the matter of:

 

		Smt Asha Sharma R/o H.No. 865/3E, Street No. 4, Lohai Street, East Babarpur, Delhi.		Complainant
		Versus
		Life Insurance Company Ltd Divisional Office II, 9th Floor, Scope Minar, Laxmi Nagar, Delhi-92.		Opposite Party
			DATE OF INSTITUTION:		27.08.2016
			JUDGEMENT RESERVED ON :		06.09.2017
			DATE OF DECISION      :		07.09.2017

 

 

 

N.K.Sharma, President:-

Ms.Harpreet Kaur Charya, Member:-

Order by Shri, N.K Sharma

ORDER

1. Present complaint has been filed by Smt. Asha Sharma, the complainant against Life Insurance Corporation of India - OP         praying for directions for payment of Rs. 5,00,000/- as sum           insured, Rs. 3,00,000/- as compensation for harassment and mental agony and Rs. 50,000/- as litigation charges.

The fact of the present complaint are that the husband of the complainant, Late Sh. Rajesh Sharma was insured by OP for Rs. 5,00,000/- vide policy No. 127160293. It is stated that on 10.06.2015 the husband of complainant died in fire accident. Claim pertaining to the above mentioned policy was lodged with the OP, who failed to settle the same despite several visits/written correspondence. Hence, the present complaint alleging deficiency in services by OP.

Complainant has annex letter dated 14.11.2015 by OP status report of policy No. 127160293, cash memo of Gas agency alongwith declaration format, copy of pan card, copy of MLC form dated 10.06.2015, statement of late Sh. Rajesh Sharma, letter to SHO PS Welcome dated 16.09.2015, death claim alongwith necessary documents such as statements of claimant, certificate of burial or cremation filed with OP, death certificate, LIC Bond, undated letter written to OP, postmortem report and fire report details and letter by OP dated 21.12.2015 have been annexed with the complaint.

2. OP filed their reply on notice of present complaint and stated that the claim of the complainant had been duly processed and amount of     Rs. 5,00,000/- had been credited to the Account of the complainant through NEFT. The said amount was duly credited in the complainant’s account bearing No. 968884331 Indian Bank IFSC code IDIB000N108. Thus, it was stated that there was no deficiency on the part of OP as nothing remained due and payable to the complainant as the death claim had already been settled. Rest of the contents of complaint were denied and dismissal of the complaint was prayed. OP has annexed photocopy of letter dated 29^th December 2015 addressed to the complainant as Annexure R-1, photocopy of receipt of policy payment through NEFT dated 29^th December 2016 as Annexure R-2, photocopy of payment confirmation dated 30^th December 2015 as Annexure R-3 and photocopy of policy terms and condition as Annexure R-4.
3. Rejoinder to the written statement on behalf of OP was filed wherein the contents of the complaint were reiterated and those of the written statement were denied. It was stated that the husband of the complainant had died on 10.06.2015 and the claim of the complainant had not been settled as per policy contract.
4. Evidence by way affidavit was filed by the complainant, where she stated the contents of the complaint. It was stated that she had submitted the required documents to OP but claim of the complainant was not being settled by OP. OP has examined Sh. D K Joshi Manager, L&PH of LIC of India who has deposed the contents of their written statement and has got exhibited photocopy of letter dated 29^th December 2015 as EX-OP/1, receipt of policy payment through NEFT dated 29^th December 2015 as EX-OP/2, photocopy of payment confirmation dated 30^th December 2015 as EX-OP/3 and photocopy of policy document as EX-OP/4.
5. We have heard the argument on behalf of the Ld. Counsel for OP and have perused the material placed on record. The documents annexed with the complaint show that the date of death of the husband of the complainant was 17.06.2015 and not 10.06.2015. During the proceedings the counsel for the complainant was given several opportunities to clarify whether the amount claimed in the prayer clause of the complaint had been received by the complainant or not, which has remained unanswered till date. OP has placed on record Ex-OP/3 which reflects that the payment of Rs. 5,00,000/- had been made to the complainant on 30.12.2015, which is much prior to the filing of the present complaint i.e. 27.08.2016, when the amount had already been credited in the account of the complainant before the filing of the present complaint, no cause of action had accrued in the favour of the complainant and against OP. Further, the complainant has also annexed letter dated 21.12.2015 wherein it has been stated that the claim of the complainant had been admitted by the competent authority, then she cannot allege deficiency in service by OP when she had knowledge of her claim being admitted. Hence the present complaint is dismissed being devoid of merits without order to cost.               

9.         Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.

10.       File be consigned to record room.

(Announced on  07.09.2017)         

 

(N.K. Sharma) President

(Harpreet Kaur Charya) Member