Punjab

Fatehgarh Sahib

CC/18/2017

Karnail Kaur alias jarnail kaur - Complainant(s)

Versus

LIC - Opp.Party(s)

Sh. S .Partap Singh

31 Jul 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FATEHGARH SAHIB.

Consumer Complaint  No. 18 of 2017

                                           Date of institution :  10.03.2017                                

                                            Date of decision    :  31.07.2018

 

Karnail Kaur alias Jarnail Kaur, aged about 62 years, wife of late     Sh. Janak Raj alias Janak Singh son of Sh. Gurdial Singh, resident of village Jakhwali, P.S.Mulepur, Tehsil and District Fatehgarh Sahib.

……..Complainant

Versus

1. Life Insurance Corporation of India, having its Branch Office at G.T.Road, opposite Bus Stand, Mandi Gobindgarh, Tehsil Amloh, District Fatehgarh Sahib, through its Branch Manager.
2. Life Insurance Corporation of India, having its Northern Zonal Office at Jeevan Bharti, P.B.No.630, Connaught Circus, New Delhi-110001, through its Zonal Manager/Administrative officer.
3. Life Insurance Corporation of India, having its Divisional Office at Sector 17, Chandigarh, through its Divisional Manager.

…..Opposite Parties

Complaint Under Sections 11 to  14 of the Consumer Protection Act.                                             

Quorum

 Sh. Ajit Pal Singh Rajput, President                                   

 Sh. Inder Jit, Member

 

Present :  Sh.Sant Partap Singh, Advocate for complainant.

               Sh. M.L.Singhi, Advocate for OPs.

ORDER

 

By Inder Jit, Member

                          Complainant, Karnail Kaur alias Jarnail Kaur, aged about 62 years, wife of late Sh. Janak Raj alias Janak Singh son of Sh. Gurdial Singh, resident of village Jakhwali, P.S.Mulepur, Tehsil and District Fatehgarh Sahib, has filed this complaint against the Opposite Parties (hereinafter referred to as the OPs) under Sections 11 to  14 of the Consumer Protection Act. The brief facts of the complaint are as under:

2.              The husband of the complainant, namely; Janak Raj @ Janak Singh got himself insured from OPs vide insurance policy bearing No.163258292 dated 20.12.2006 for a sum assured of Rs.50,000/-. The said policy was valid till June 2026.  But unfortunately, he died on 24.07.2016 due to electric shock.  General Diary Report No.20 dated 24.07.2016, with regard to death of said Janak Raj(deceased) was recorded at P.S.Sadar Nabha. During his lifetime Janak Raj had been regularly paying the installments of the said policy to the OPs. Being nominee of deceased Janak Raj, the complainant was legally entitled to get the insured amount and all other benefits as per the said policy. The complainant immediately reported the death of her husband to the insurance company and thereafter she fulfilled all the requirements/formalities, as required by the OPs. After completion of all the formalities, the said claim of Rs.50,000/- was released in favour of the complainant and OPs had also got deposited the said policy from the complainant in their concerned office.  Thereafter, the complainant came to know that there is a declaration/certificate issued by the LIC of India and there are some conditions and privileges, printed on the back of each of the insurance policy. As per condition No.11(b), the complainant is also entitled to get additional benefit of Rs.50,000/- from the OPs. The complainant and her son visited the OPs at Mandi Gobindgarh and inquired the matter from them but they told that the claim stood already paid to the complainant and now no further sum will be paid to her by the OPs nor she is entitled to any such benefit. The act and conduct of the OPs amounts to gross negligence, unfair trade practice, carelessness and deficiency in service on their part. Hence, this complaint for giving directions to the OPs to pay Rs.50,000/- along with interest as additional benefit as per said policy and further to pay Rs.1,00,000/- as compensation on account of mental tension, pain, agony and harassment suffered by the complainant.

3.              The complaint is contested by the OPs, who filed joint written reply. In reply to complaint, the OPs raised certain preliminary objections, inter alia, that the present complaint is not maintainable; the complainant has not come to the court with clean hands; the complainant has no cause of action and locus standi to file the present complaint and the complaint is misuse of the legal process.  As regards the facts of the complaint, OPs stated that on receipt of the intimation regarding death of DLA and the application for the claim, the OPs requested the complainant to submit the required documents and on receiving the same, the claim under the policy was considered, which was settled by the competent authority and the amount of Rs.50,000/- being the claim by death was accordingly disbursed to the complainant. It is further stated that the amount of Rs.50,000/- as additional benefit has also been disbursed by the OPs after consideration of the required documents and investigation thereof. The said amount of Rs.50,000/- stands already paid, being payable as accidental benefit claim hereinafter called AB claim, on 04.05.2017 through NEFT in the S/A No.65173609476 of SBOP, branch Jakhwali. The said amount is full and final amount payable under the policy.  There is no gross negligence, unfair trade practice, carelessness or deficiency in service on the part of the OPs. After denying the other averments made in the complaint, OPs prayed for dismissal of the complaint.

4.              In order to prove the case, the complainant tendered in evidence certified copy of General Dairy Details of P.S.Sadar, Nabha as Ex. C-1, copy of death certificate Ex. C-2, copy of post mortem report Ex. C-3, her affidavit Ex. C-4 and closed the evidence. In rebuttal the OPs tendered in evidence true copies of documents i.e. claim payment voucher Ex. OP-1, form dated 20.09.2016 Ex. OP-2, NEFT payment inquiry form Ex. OP-3, affidavit of J.P.K. Minhas, Manager Legal Ex. OP-4 and closed the evidence.

5.              Ld. counsel for the complainant argued that the OPs have released the additional benefit of Rs.50,000/- on account of accidental benefit claim to the complainant through NEFT after filing of the present complaint. He further pleaded for adequate relief on account of compensation for mental agony and harassment along with litigation charges.  On the other hand Ld. counsel for the OPs argued that the additional benefit of Rs.50,000/- on account of accidental benefit claim has already been paid to the claimant through NEFT and now nothing is left to be paid to the complainant even on account of compensation for harassment. He further pleaded for dismissal of the complaint.

6.              We have gone through the written arguments, evidence produced on record and heard the oral submissions made by the Ld. counsel. It is evident from the record that the OPs released the additional benefit of Rs.50,000/- on account of accidental benefit claim to the complainant after filing of the present complaint. This could have been done at the time of release of first Rs.50,000/- to the complainant, being claim under the insurance policy. Hence, we accept this complaint and direct the OPs to pay lumpsum Rs.5,000/- to the complainant for compensation on account of mental agony and harassment together with litigation charges.

7.              The arguments on the complaint were heard on 27.07.2018 and the order was reserved. Now the order be communicated to the parties. Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.

Pronounced

Dated: 31.07.2018

                            (A.P.S.Rajput)          

                              President

 

                   (Inder Jit)    

                   Member