DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MANSA. Complaint No.07/16.012.2008 Decided on : 03.07.2008 1.Kiranpal Kaur wd/o Shivpal Singh S/o Sh.Ranjeet Singh S/o Sh.Gurbachan Singh resident of Bhikhi, District Mansa at present D/o Sh.Balla Singh S/o Sh.Gurdial Singh resident of Gamiwala, Tehsil Budhlada, District Mansa. 2. Khushpreet Singh minor S/o Sh.Shivpal Singh S/o Sh.Ranjeet Singh S/o Sh.Gurbachan Singh resident of Bhikhi, District Mansa under the guardianship of Kiranpal Kaur mother resident of Gamiwala, Tehsil Budhlada, District Mansa. 3.Balvir Kaur @ Rapinder Kaur wd/o Parkash Singh S/o Sh.Ranjit Singh S/o Sh.Gurbachan Singh resident of Bhikhi, District Mansa at present D/o Mahinder Singh S/o Sh.Kehar Singh resident of backside Kapil Marriage Palace, Barnala, Tehsil and District Barnala. 4.Ramanpreet Kaur minor D/o Sh.Parkash Singh S/o Ranjit Singh S/o Sh.Gurbachan Singh resident of Bhikhi, District Mansa under the guardianship of Balvir Kaur @ Rapinder Kaur wd/o Parkash Singh resident of backside Kapil Marriage Palace, Barnala, Tehsil and District Barnala. ..... Complainants. VERSUS Life Insurance Corporation of India through its Branch Manager, Mansa. ..... Opposite Party. Complaint under Section 12 of the Consumer Protection Act, 1986. ..... Present: Sh.S.K.Singla, counsel for the complainants. Sh.P.K.Arora, counsel for the opposite party. Before: Sh.Sarat Chander, Member. Smt.Neena Rani Gupta. Contd........2 : 2 : ORDER: Kiranpal Kaur, Khushpreet Singh, Balvir Kaur and Raman preet Kaur (hereinafter called as the complainants) have filed the present complaint against the Branch Manager, Life Insurance Corporation of India through its Branch Manager, Mansa (hereinafter called as the opposite party) for issuance of a direction to the opposite party to pay them the insurance claim along with interest @ 12% per annum and Rs.15,000/- as compensation. Admitted facts of the case are that Ranjit Singh S/o Sh.Gurbachan Singh had obtained four different Policies bearing Nos. 300195313; 300187308; 161307269 and 161113122 from the opposite party . Balvir Kaur W/o Ranjit Singh had also obtained a policy bearing No.300187291 from the opposite party. Unfortunately, Ranjit Singh and Balvir Kaur were murdered on 10.03.2007 and a FIR in this respect was lodged under Section 302 of the IPC on 10.3.2007 at P.S.Bhikhi. Ranjit Singh was the father-in-law of complainant No.1 and Balvir Kaur was mother-in-law of complainant No.2 and grandparents of complainant No.3 and 4, as such all the complainants were the only legal heirs of the deceased Ranjit Singh and Balvir Kaur. The complainants, as such, are thus entitled to claim the insurance benefits of Ranjit Singh and Balvir Kaur. The complainants had obtained a Succession Certificate, being the only legal heirs of the insured on 15.11.2007 from the Hon'ble Civil Judge ( Senior Division), Mansa in this respect. It has been alleged that the complainants had visited the office of the OP time and again for the disbursement of the insurance claim to them, but no heed was paid to their genuine request. Despite repeated requests of the complainant the opposite parties were stated to have failed to pay this amount to them. The Contd........3 : 3 : complainants thus alleges to have suffered mental, as well as physical harassment. Hence this complaint. In the written version filed by the opposite party, it was denied that there was any deficiency in service on their part. It rather reiterated its stand and contended that the complainants were not entitled to any reimbursement as per terms and conditions of the policy. The OP has further contended that the Succession Certificate specifically issued for the amount of claimed policies had not been produced by the complainants despite repeated requests of the OP vide letters dated 15.6.07, 28.12.07 and 07.01.08. The complainants had themselves failed to submit any such Succession Certificate as demanded by the OP, as such, no claim was settled. All other allegations were denied and a prayer for dismissal of the complaint was accordingly made. Both the parties have led their respective evidence in the shape of affidavits and documents. We have considered the arguments advanced by the learned counsel for the parties and carefully scrutinized the entire evidence placed on record by them. Exhibits C-1,C-2, C-3 and C-4 are the copies of the insurance policies issued by the OP. The complainants have produced a Succession Certificate, copy of which is Ext.C-5. The complainants had applied for the succession certificate qua the amount of Rs.9,40,241 of exgratia, death gratuity, GPF, DLIS, GIS, GIS savings etc. lying deposited with the Block Primary Education Officer, Mansa. The said Succession Certificate dated 15.11.2007 was issued to the complainants qua the alleged amount in respect of debt and securities of the deceased Ranjit Singh specifically mentioning the name of debtor and amount of debt/security including Contd........4 : 4 : interest amounting Rs.9,77,859/- only. The court had further empowered the complainants to collect the above noted sums/amounts and other benefits upto date, if any as applicable. There is no mention of any insurance claim amount to be disbursed to the complainants in that Succession Certificate. The counsel for the OP has vehemently argued that the complainants had failed to submit a fresh succession certificate despite issuance of letters Ext.OP-1, OP-2, OP-3 and OP-4. The complainants have not refuted these letters. The counsel for the OP has placed reliance on the Death Claims Manual where nominee dies before life assured. Under Section 8.12 of the said Policy Servicing Manual No.11 ,if a Will has been left by the Assured and a Succession Certificate is obtained on the strength of the Will, a copy of the Application made to the Court for grant of the Succession Certificate, certified by a pleader as true copy, should be called for to satisfy ourselves that the Will was brought to the notice of the court. It should be carefully seen in all such cases that the original or certified Court Copy of Probate or Letters of Administration or Succession Certificate bears the seal of the Court. A copy of probate or letters of Administration or Succession Certificate not so certified should not be acted upon. The counsel for the OP has showed its willingness for the release of the insurance claim to the complainants subject to the production of the fresh Succession Certificate by them. The complainants have thus failed to establish any deficiency in service on the part of the opposite party towards them. As a consequence of the foregoing reasons, the complaint is Contd........5 : 5 : dismissed. The opposite party may release the insurance claim to the complainants, subject to the depositing of a fresh Succession Certificate by them. Copy of the order be supplied to the parties free of charges under the rules and file be arranged, indexed and consigned to record. Pronounced: 03.07.2008 Neena Rani Gupta, Sarat Chander, Member. Member.
