NCDRC

NCDRC

RP/177/2011

NEELAM SINGLA - Complainant(s)

Versus

LIC OF INDIA & ANR. - Opp.Party(s)

MR. KARAN DEWAN

19 Jul 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 177 OF 2011
 
(Against the Order dated 18/08/2010 in Appeal No. 811/2008 of the State Commission Punjab)
1. NEELAM SINGLA
R/o. B-I-423/6, Bindra Ban Road, Civil Lines, Bhandari Street, Near Kailash Cinema
Ludhiana
Punjab
...........Petitioner(s)
Versus 
1. LIC OF INDIA & ANR.
Through its Divisional Manager, Divisional Office, Sector 17
Chandigarh
2. LIFE INSURANCE CORPORAION OF INDIA
Through its Branch Manager, Branch Office, G.T. Road, Mandi Gobingarh
Fatehgarh Sahib
Punjab
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :MR. KARAN DEWAN
For the Respondent :
Mr. Neeraj Gupta, Advocate

Dated : 19 Jul 2011
ORDER

Delay of 48 days in filing the revision petition is condoned.

          Petitioner’s husband had taken a policy for Rs.5 Lacs on 14.09.2002.  The insured died on 27.11.2003 due to cardiac respiratory arrest after admission in DMC Ludhiana on 26.11.2003.  Petitioner lodged her claim with the respondent insurance company

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with all requisite documents.  Respondent insurance company repudiated the claim on the ground that the deceased/insured was chronic alcoholic and was suffering from cirrhosis of lever and portal HT and this material information had been withheld by the insured from the respondent while filling in the proposal form.  Attributing deficiency in service on the part of the respondent, petitioner filed the complaint before the District Forum seeking a direction to the respondent to pay the insured the sum of Rs.5 Lacs along with interest @ 8% p.a. from the date of death till payment along with damages.

          District Forum dismissed the complaint. 

          Petitioner being aggrieved filed the appeal before the State Commission.  The State Commission allowed the appeal of the petitioner and directed the respondent insurance company to pay the insured amount to the policy holder within two months from the date of receipt of copy of the order, failing which the respondent was made liable to pay interest @ 7.5% p.a.

 

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          Respondent has accepted the order of the State Commission and paid the insured amount to the respondent within time.

          Petitioner claiming interest on the amount awarded has filed the present revision petition.

          Learned counsel for the petitioner submits that the State Commission has erred in not awarding interest on the insured amount; that the petitioner has been deprived of the use of his money for a period of 5 years and the respondent enjoyed the usufruct of Rs.5 Lacs as the amount remained with the respondent insurance company for five years.  As against this, counsel for the respondent states that the petitioner is not entitled to any interest.

          After hearing counsel for the parties, we are of the opinion that the State Commission has erred in not awarding interest on the amount awarded.  The State Commission had come to the conclusion that the respondent had wrongly rejected the claim of the petitioner.  This finding has been accepted by the respondent.  petitioner has been deprived of the use of his money for a period of nearly five years.  The State Commission has not given any reasons for not

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awarding the interest.  The respondent became liable to pay the insured amount of Rs.5 Lacs soon after the death of the insured.  Respondent has enjoyed the usufruct of the insured amount for the last five years.  Respondent is bound to compensate the petitioner by way of interest on the amount, of which the petitioner has been deprived for the last five years.  Accordingly, the revision petition is allowed.  Respondent is directed to pay interest @ 7.5% on the insured amount from the date of filing of the complaint till disbursement of the amount.

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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