DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NARNAUL
CONSUMER COMPLAINT NO.294 of 2011
DATE OF INSTITUTION:- 17.11.2011
DATE OF ORDER:- 14.01.2015
Smt. Kamlesh Devi widow of Shri Rajender Prasad son of Shri Teja Ram, Resident of village Jhanjha, Tehsil Buhana, District Jhunjhnu, Rajasthan
……………COMPLAINANT
VERSUS
- Manager, Life Insurance Corporation of India, Division Office, Rohtak
- Branch Manager, Life Insurance Corporation of India, Branch Office Opposite Mini Secretariat, Mahendergarh Road, Narnaul, District Mahendergarh
………….. OPPOSITE PARTIES
COMPLAINT U/S 12 OF CONSUMER PROECTION ACT
BEFORE :- Rajesh Jindal, President
Smt. Usha Yadav, Member
L.K. Nandwani, Member
Present:- Shri M. S. Khandelwal, Advocate for the complainant.
Shri P. C. Gupta, Advocate for the opposite parties
ORDER:-
Rajesh Jindal, President:
According to the complaint, brief facts are that Rajender Prasad (since deceased), husband of the complainant, had obtained policy No.178573264 dated 07.12.2009 for an amount of Rs.50,000/- on payment of half yearly instalment of Rs.1781/- and also obtained another policy No.176971277 dated 04.05.2009 for an amount of Rs.1,00,000/- from the opposite parties and the complainant was nominee of her husband under the above said policies. The complainant has alleged that on 08.05.2010 her husband died due to natural death. Thereafter, the complainant submitted the relevant documents with opposite party No.2 for claim. The complainant requested the opposite parties several times to pay the claim of both the policies, but to no effect. The complainant sent legal notice dated 06.09.2011 through her counsel Shri Mahender Singh Khandelwal, Advocate, Narnaul to the opposite parties, but it went unheeded. The complainant has prayed that the opposite parties be directed to pay the claim of aforesaid policies with interest, besides claiming compensation of Rs.50,000/- for mental agony and harassment.
2. The opposite parties filed joint reply stating, inter-alia, therein that the death claim of the complainant has already been settled under both the above said policies. Under policy No.178573264 payment of Rs.50169/- has been made vide cheque No.253031 dated 17.11.2011 and under policy No.176971277 payment of Rs.1,07,800/- has been made vide cheque No.253022 dated 17.11.2011. The complainant is not entitled to any relief from the opposite parties. There is no deficiency in service on the part of the opposite parties. In the end, it is prayed that the complaint be dismissed with special costs.
3. In order to make out her case, the complainant has placed on record her own supporting affidavit Annexure C-1, acknowledgement Annexure C-2, postal receipts annexures C-3 & C-4, copy of legal notice dated 06.09.2011 Annexure C-5, copies of policies Annexures C-6 & C-7, copy of death certificate Annexure C-8 and copy of bank Pass Book Annexure C-9.
4. In reply thereto, the opposite parties have placed on record supporting affidavit of its Manager (L&HPF) Mr. R. C. Mathur Annexure R-1, copy of affidavit of Smt. Kamlesh Devi Annexure R-1, policy Annexure R-3, copy of status report of policy No.176971277 Annexure R-4, copy of status report of policy No.178573264 Annexure R-5, copy of Form No.3801/Receipt Annexure R-6 and copy of letter dated 11.11.2011 Annexure R-7.
5. We have gone through the record of the case carefully and have heard the learned counsels for the parties.
6. Learned counsel for the complainant submitted that the complainant had received the claim amount from the opposite parties, but he contended that the opposite parties are liable to pay interest for the delay in settlement of the claim of the complainant and payment of amount of claim to the complainant for both the policies in question.
7. Learned counsel for the opposite parties submitted that the claim in respect of both the policies in question has been paid to the complainant on 17.11.2011, but the delay in payment of claim amount has been occurred as the opposite parties were getting the claim of the complainant investigated.
8. Perusal of record reveals that it has not been mentioned by the complainant when she lodged the claim with the opposite parties nor the opposite parties have mentioned when it received the claim documents from the complainant for settlement of the claim. The assured/ husband of the complainant died on 08.05.2010 and according to the opposite parties the claim has been paid on 17.11.2011 after about 1 ½ years from the date of death. In absence of cogent evidence on the part of the complainant, when necessary formalities were completed by the complainant for settlement of her claim, we are not inclined to accept his arguments for payment of interest. We also do not appreciate the act and conduct of both the parties for not bringing this fact into the notice of this District Forum, while the claim as on the date of filing the present complaint i.e. 17.11.2011 was paid by the opposite parties to the complainant and same was received by the complainant and the complainant kept pending this complaint for more than three years. In view of these facts, the complaint of the complainant is dismissed, being fully satisfied. No order as to cost.
Announced:-
14.01.2015
