Present:      Sh. Manjeet Sheoran, Adv. for complainant.

                   Complaint presented today. It is checked and registered. The case is fixed for consideration on the maintainability of the present complaint.

 2.            Heard. On perusal of entire complaint file, we have observed that in the present complaint, the husband of complainant had a Life Insurance Policy for sum assured of Rs. 2,00,000/-and after his death due to heart attack, the complainant being nominee sought insurance death claim from the OPs but the claim was not paid. Being aggrieved, the complainant filed an application before Hon’ble PLA, Bhiwani and the said matter was decided on 16.3.2023 but the OPs paid the death claim on 17.7.2023 amounting to Rs. 2,00,000/-but without any interest on delayed settlement of claim. So, it is averred that the complainant is fully entitled to receive interest from the OPs with compensation and litigation expenses. Hence, this complaint and the counsel for complainant requested this Commission to issue the notice against the OPs to decide the said complaint.

3.                We have observed that along with the main complaint, the complainant has placed on file some documents. On perusal of order passed by Permanent Lok Adalat for Public Utility Services, Bhiwani dated 16.3.2023,  it has been observed that after hearing the counsel for parties, the Authority ordered the complainant to apply within 30 days completing all the formalities to the OPs who in turn will settle the claim within 30 days. Since both the parties resolved their issue, Hon’ble PLA, Bhiwani dismissed as withdrawn the said case titled Nirmala Vs. LIC of India etc. being settled. It was further mentioned in the said order by the PLA, Bhiwani that “Needless to say tht the petitioner is at liberty to approach this court as and when required, if any fresh grievance arise”. So, in view of said order passed by PLA, Bhiwani, if still the complainant is having any fresh grievance (as averred in the present complaint), the complainant can approach the said authority of PLA, Bhiwani and consequently, the present complaint is not maintainable before this Commission as the matter has already been finally settled between the parties and the case was dismissed as withdrawn in PLA, Bhiwani. After final mutually settlement before PLA, no cause of action arises.

4.                However, the complainant tried to justify filing of the present complaint before this Commission by showing case law of Hon’ble Punjab Haryana High Court and an order passed by District Consumer Disputes Redressal Commission Rohtak. But we have observed that as per orders passed in the consumer complaint No. 81 decided on 3.11.2022, the District Consumer Disputes Redressal Commission, Rohtak has clearly mentioned that the complainant had withdrawn prematurely his case from Permanent Lok Adalat and thus, order granting interest was passed by the Consumer Commission, Rohtak. Hence, it stands clear that the Permanent Lok Adalat had not pronounced its final order in that case, whereas in the present case of complainant, a final judgment has been passed by the PLA Bhiwani whereby the complainant case was dismissed as withdrawn being settled in said Permanent Lok Adalat for which there is no appeal. 

5.                Regarding case law titled Life Insurance Corporation Vs. Chander Kanta dated 31.3.1998 cited by the counsel for complainant, this Commission observed that the matter of case law is not similar as of the present case, hence, the same is not applicable to the facts and circumstances of the present case in hand.

6.                Hence, prima-facie, we think that it is not a fit case for summoning of OPs by issuing notice by this Commission. Therefore, the complaint of complainant being not maintainable in the present form, deserves dismissal and hence, the same is hereby dismissed.

7.                Certified copies of the order be supplied to the parties free of costs.

8.                File be consigned to the record-room.