Punjab

Ludhiana

CC/22/166

Malkiat Singh - Complainant(s)

Versus

LIC Of India - Opp.Party(s)

Balraj Singh

09 Dec 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 166 dated 20.04.2022                                                         Date of decision:09.12.2023

 

Malkiat Singh Son of Sh. Bhajan Singh, R/o. Village & Post Office Hans Kalan, Tehsil Jagraon, Distt. Ludhiana.142026. M. No.94630-03299. Mail: malkiatjhalli@gmail.com.                                                                                                                                                              ..…Complainant

                                                Versus

1. The Manager LIC of India, Kailash Market, Near New Grain Market, Sherpura Road, Jagraon, Distt. Ludhiana-142033 through its Authorized Signatory/Representative/Director/Managing Director.
2. The Senior Divisional Manager LIC of India, Jeevan Parkash, Divisional Office, Urban Estate, Phase-1, Dugri, Ludhiana-141002    through its Authorized Signatory/Representative/Director/Managing Director.                                                                                  …..Opposite Parties

Complaint under section 35 of the Consumer Protection Act.

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

SH.JASWINDER SINGH, MEMBER

MS.MONIKA BHAGAT, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         Sh. Balraj Singh, Advocate

For OP1 and OP2          :         Sh. Rajeev Abhi, Advocate.

For OP3                         :         Sh. R.K. Chand, Advocate.

 

ORDER

PER SANJEEV BATRA, PRESIDENT

1.                           The complainant has invoked the jurisdiction of this Commission by filing the present complaint and raised a consumer dispute with regard to non-passing of claim of Rs.19,500/- spent on his treatment and thus he has sought direction against the opposite parties to pass the claim along with compensation and litigation expenses etc. So, by filing the present complaint, complainant has prayed that the opposite parties be directed to pay Rs.19,500/- along with compensation of Rs.1,00,000/- besides litigation expenses.

2.                Notice was issued to the opposite parties and on 27.07.2022 Sh. Rajeev Abhi, Advocate filed power of attorney on behalf of the opposite party No.1 and 2 and also filed written statement along with affidavit and documents. In their written statement, OP1 and OP2 assailed the complaint by taking preliminary objections regarding mis-joinder of necessary parties; maintainability of the complaint etc. OP1 and OP2 have denied the averments made in the complaint and also denied any deficiency in service on their part and prayed for dismissal of the complaint.

                   During pendency of the complaint, the complainant filed an application under order 1 rule 10 CPC Section 151 CPC for impleading New India Insurance Company Limited, BLDG. 87, M.G. Road, Fort, Mumbai-400001 and Regional Office at 4^th Floor, Surya Tower, 108, The Mall, Ludhiana-141001 through its Managing Director/authorized signatory as OP3 and the said application was allowed vide order dated 13.04.2023 and notice to newly impleaded OP3 was ordered to be issued. In pursuance of notice to OP3, Sh. R.K. Chand, Advocate appeared and filed written statement on behalf of OP3 along with affidavit and documents. In its written statement, OP3 denied the averments made in the complaint and also denied any deficiency in service on its part and prayed for dismissal of the complaint.

3.                On 08.12.2023, the complainant closed his evidence and tendered affidavit Ex. CA along with documents Ex. C1 to Ex. C12.

4.                On 08.12.2023, Sh. Rajan Kumar Chand, Advocate counsel for OP3 the New India Assurance Company Limited suffered statement that the company is ready to pay Rs.19,500/- to the complainant as full and final settlement against the claim filed by the complainant. He further stated that if the complainant is ready to receive the said amount, then 30 days time may kindly be given to pay the said settled amount to the complainant as full and final settlement.

                   The complainant along with his counsel suffered statement having heard statement of counsel for OP3 and that he is ready to receive the amount of Rs.19,500/- as full and final settlement of his claim.

5.                In view of the aforesaid settlement arrived between the parties, the present complaint stands disposed off with the direction that opposite party No.3 will pay Rs.19,500/- to the complainant in full and final settlement of his claim within 30 days from the date of receipt of copy of this order failing which the complainant shall be held entitled for interest @8% per annum on the said amount till its actual payment. Copy of the order be supplied to the parties free of costs.

 

6.                File be indexed and consigned to record room. 

 

(Monika Bhagat)           (Jaswinder Singh)         (Sanjeev Batra)               Member                       Member                         President   

National Lok Adalat    National Lok Adalat      Consumer Commission                                                                                     cum Chairman, National                                                                          Lok   Adalat       

Announced in Open Commission                                            Dated:09.12.2023.

Gobind Ram.