Punjab

Sangrur

CC/419/2016

Smt. Parwinder Kaur - Complainant(s)

Versus

LIC Of India - Opp.Party(s)

Shri Sandip Kumar Goyal

08 Dec 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR.

 

                                                               

                                                Complaint No.  419

                                                Instituted on:    13.06.2016

                                                Decided on:       08.12.2016

 

Smt. Parwinder Kaur W/o Late Harpal Singh son of Gulzar Singh, resident of Ward No.4, Victoria Enclave, Patran Road, Dirba, Tehsil Sunam, Distt. Sangrur.

                                                                ..Complainant

                                Versus

1.     LIC of India through its Branch Manager, Sangrur, Railway Road, Sangrur.

2.     LIC of India through its Divisional Manager, Division Office  Jeevan Prakash Sector, 17B, Chandigarh-160017.

                                                        …Opposite parties

For the complainant  :       Shri Sandip Kumar Goyal, Advocate.

For OPs                    :       Shri Amit Goyal, Advocate.

 

 

Quorum:   Sukhpal Singh Gill, President

                Sarita Garg, Member

 

Order by : Sukhpal Singh Gill, President

 

1.             This order shall also dispose of following three complaints:-

a)             Parwinder Kaur vs. LIC of India

                Complaint No.419 of 13.06.2016.

b)             Parwinder Kaur vs. LIC of India

                Complaint No.420 of 13.06.2016.

c)             Parwinder Kaur vs. LIC of India

                Complaint No.429 of 22.06.2016.

 

2.             Since in all these three cases, similar are the parties and the same questions of law and facts are involved, as such, the learned counsel for the opposite parties filed an application on 5.12.2016 for consolidation of the complaints number 419, 420 and 429 on the ground that as per the terms and conditions of the policies in all the three complaints, accidental benefit (if permitted) shall not exceed the limit of Rs.25.00 Lacs and Rs.50.00 Lacs as prescribed under the policies, respectively and the same has to be taken into consideration regarding all the policies collectively, as such, the learned counsel for the OPs has stated that this Forum has got no pecuniary jurisdiction to hear and try the present complaint as the monetary jurisdiction of this Forum is only upto Rs.20 Lacs, whereas the complainant has claimed an amount of Rs.35.00 Lacs in all the three complaints. In reply to the application, the learned counsel for the complainant has stated that the application has been filed at the fag end when the case is for arguments and further stated that the OPs have no authority to direct the complainant or to this Forum for consolidation of the cases.  But, the fact remains that vide order dated 06.12.2016 this Forum decided the application for consolidation of all the three cases and was of the view that since in all the complaints, the parties are same and policies are also regarding the same and one person, so it was directed to consolidate the proceedings of all the three cases as mentioned above.

 

3.             Smt. Parwinder Kaur complainant has filed complaint number 419 dated 13.6.2016 claiming that her husband Shri Harpal Singh took an insurance policy bearing number 163974375 Jeevan Anand with profits with Accident benefit for Rs.5,00,000/- and one another policy bearing number 165025964 Endowment Assurance for Rs.5,00,000/-.  It is further in the case that Shri Harpal Singh (referred to as DLA in short) was murdered on 28.02.2013, of which FIR number 35 dated 28.02.2013 under section 302,307, 120B, 148, 149 and section 25,27,30 of Arms Act was recorded in PS Dirba.  But, the grievance of the complainant is that though the OPs paid the claim amount i.e. sum assured with bonus under all the four policies, but did not pay the accidental benefit on the ground that the murder of the DLA will not cover under accident and the claim was repudiated vide letter dated 31.3.2015. As such, the complainant has claimed an amount of Rs.10,00,000/- alongwith interest @ 18% per annum from the date of death till realisation on account of accidental benefit under the policies in question.

 

4.             Similarly, the complainant has filed complaint number 420 dated 13.6.2016 claiming that her husband Shri Harpal Singh took an insurance policy bearing number 164681968 Jeevan Saral with profits for Rs.10,00,000/-.  It is further in the case Shri Harpal Singh (referred to as DLA in short) was murdered on 28.02.2013, of which FIR number 35 dated 28.02.2013 under section 302,307, 120B, 148, 149 and section 25,27,30 of Arms Act was recorded in PS Dirba.  But, the grievance of the complainant is that though the OPs paid the claim amount i.e. sum assured with bonus, but did not pay the accidental benefit on the ground that the murder of the DLA will not cover under accident and the claim was repudiated vide letter dated 31.3.2015. As such, the complainant has claimed an amount of Rs.10,00,000/- alongwith interest @ 18% per annum from the date of death till realisation on account of accidental benefit under the policies in question.

 

5.             Again, the complainant has filed complaint number 429 dated 22.6.2016 claiming that her husband Shri Harpal Singh took an insurance policy bearing number 165363451 Jeevn Mitra Triple Cover Endowment Plan for Rs.15,00,000/-.  It is further in the case Shri Harpal Singh (referred to as DLA in short) was murdered on 28.02.2013, of which FIR number 35 dated 28.02.2013 under section 302,307, 120B, 148, 149 and section 25,27,30 of Arms Act was recorded in PS Dirba.  But, the grievance of the complainant is that though the OPs paid the claim amount i.e. sum assured with bonus, but did not pay the accidental benefit on the ground that the murder of the DLA will not cover under accident and the claim was repudiated vide letter dated 31.3.2015. As such, the complainant has claimed an amount of Rs.15,00,000/- along with interest @ 18% per annum from the date of death till realisation on account of accidental benefit under the policies in question.

       

6.             In reply filed by the OPs, preliminary objections are taken up on the grounds that the complaint is not maintainable in the present form, that the complainant has no cause of action and locus standi to file the present complaint, that the complainant has not come to the Forum with clean hands and that the Forum has no jurisdiction to try and decide the present complaint as the total amount claimed on account of accidental benefit is Rs.35 Lacs, which exceeds the monetary jurisdiction of this Forum.   On merits, it has been stated that the due claim under the policies in question has already been paid and the accidental claim has rightly been repudiated.

 

7.             The learned counsel for the complainant has produced Ex.C-1 affidavit, Ex.C-2 and Ex.C-3 copy of insurance policy, Ex.C-4 copy of repudiation letter dated 31.3.2015, Ex.C-5 copy of FIR dated 28.2.2013, Ex.C-6 copy of order dated 25.11.2014 and Ex.C-7 copy of terms and conditions of the policy and closed evidence. On the other hand, the learned counsel for the OPs has produced Ex.OP1 affidavit, Ex.OP-2 to Ex.OP5 copies of policies and Ex.OP-6 repudiation letter and closed evidence.

 

8.             We have carefully perused the complaint, version of the opposite parties and heard the arguments of the learned counsel for the parties. In our opinion, the complaint merits dismissal, for these reasons.

 

9.             It is an admitted fact of the parties that the DLA was murdered on 28.2.2013, who was insured with the OPs under four different policies as mentioned above for Rs.35,00,000/-.  It is also an admitted fact between the parties that the OPs have already settled/paid the sum assured along with bonus, but repudiated the claim under all the four policies in all the cases as mentioned above on account of accidental benefit was repudiated vide repudiation letter dated 31.3.2015, a copy of which on record is Ex.C-4.

 

 

10.           Admittedly, the complainant has filed three different complaints claiming compensation of Rs.35.00 Lacs as mentioned above, but as per section 11 of the Consumer Protection Act, 1986, the District Forum shall have jurisdiction to entertain complaints where the value of the goods or services and the compensation, if any claimed does not exceed rupees twenty lakhs.  In the circumstances, we feel that the complainant has cleverly filed three different complaints to bring all the case under Rs.20,00,000/-.  In the circumstances, since the parties in the case i.e. complainant and opposite parties are the same and the cause of death also is the same and even repudiation letter and FIR about the cause of death of all the four policies is one, as such, we feel that this Forum has got no pecuniary jurisdiction to go further with the present complaint case.

 

 

11.           Without going further into the merits of the case, we dismiss all the three complaints i.e. complaint number 419 dated 13.6.2016, complaint number 420 dated 13.6.2016 and complaint number 429 dated 22.6.2016 of the complainant as mentioned above with liberty to file the complaint before the competent Court of law, if so desired.

 

12.           A copy of the order be also placed on the following complaint cases:-

 

a)             Parwinder Kaur vs. LIC of India

                Complaint No.420 of 13.06.2016.

 

b)             Parwinder Kaur vs. LIC of India

                Complaint No.429 of 22.06.2016.

 

13.           A copy of the order be issued to the parties free of cost. File be consigned to records.

 

                Pronounced.

                December 7, 2016.

                                                        (Sukhpal Singh Gill)

                                                           President

 

 

                                                             

                                                              (Sarita Garg)

                                                                   Member