Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 360.
Instituted on : 14.06.2012.
Decided on : 19.03.2015.
Kelawati wd/o Sh. Subhash s/o Sh. Samwat Siwach R/o Village Seman Tehsil Meham, District Rohtak.
………..Complainant.
Vs.
- Life Insurance Corporation of India, Jeevan Jyoti Subhash Road Rohtak through Branch Manager, Rohtak.
……….Opposite party
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.JOGINDER KUMAR JAKHAR, PRESIDENT.
MS. KOMAL KHANNA, MEMBER.
Present: Sh.Umed Singh, Advocate for the complainant.
Sh.S.P.Gulati, Advocate for the opposite party.
ORDER
SH. JOGINDER KUMAR JAKHAR, PRESIDENT :
1. The present complaint has been filed by the complainant with the averments that her husband had taken two policies amounting to Rs.200000/- who had died in a roadside accident on 22.12.2005. It is averred that the opposite party had sent two cheques on dated 28.02.2007 amounting to Rs.100000/- each but the interest of the alleged amount had not been paid to the complainant. It is averred that the amount was to be paid by the opposite party in the year 2007 whereas the same was paid on 15.11.2011 through two cheques amounting to Rs.100000/- each through post but no interest on the alleged amount has been given to the complainant. It is averred that the complainant requested the opposite party to pay the amount of interest w.e.f. 28.02.2007 to 15.11.2011 but to no effect. It is averred that the act of opposite party is illegal and amounts to deficiency in service. As such, it is prayed that opposite party may kindly be directed to pay the interest of alleged policies amounting to Rs.80000/- alongwith compensation and litigation expenses to the complainant.
2. On notice opposite party appeared and filed its written reply submitting therein that a policy no. 173700643 with date of commencement 5.8.2003 and 173703625 with date of commencement 28.9.2003 were issued on the life of Subhash for sum assured of Rs.100000/- each and the said policies were issued subject to terms and conditions printed on the policybonds which resulted into contract. It is averred that the opposite party had made the BSA of Rs.100000/- alongwith bonus total Rs.109660/- vide cheque no.392395 dated 28.2.2007 against policy no.173703625 and BSA of Rs.100000/- less Rs.837/- due premium total Rs.99163/- vide cheque no.392391 dated 28.2.2007 against policy no.173700643. It is averred that the claimant has been paid accidental benefit on 09.09.2011 under both the policies & any interest is not payable as per terms and conditions of policy contract and the same cannot be considered. It is averred that the claims have been received by the complainant as full and final settlement on submission of discharge form dated 19.9.2011. It is averred that the claims for any interest or compensation is not maintainable and the same deserves dismissal with costs.
3. Both the parties led evidence in support of their case.
4. Ld. Counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C7 and has closed his evidence. On the other hand ld. Counsel for the opposite party has tendered affidavit Ex.R1, documents Ex.R2 to Ex.R18 and has closed his evidence.
5. We have heard ld. counsel for the parties and have gone through the material aspects of the case carefully.
6. In the present case insurance and death of the life assured is not disputed. It is also not disputed that the opposite party vide cheque no.392395 dated 28.2.2007 against policy no.173703625 and BSA of Rs.100000/- less Rs.837/- due premium total Rs.99163/- vide cheque no.392391 dated 28.2.2007 against policy no.173700643 had paid and had also paid the accidental benefits on 19.09.2011. In this regard it is observed that the opposite party vide its letters Ex.C4 dated 16.07.2009 and letter Ex.C5 dated 16.04.2009 had demanded some documents from the complainant which were submitted by her within one month from the date of receipt of alleged letters and as such the claim should have been given upto 16.08.2009 but the claim was paid by the opposite party vide letter Ex.C3 dated 19.09.2011 i.e. after two years from the date of submission of documents by the complainant which amounts to deficiency in service. As such the opposite party is liable to pay interest on the awarded amount from the date of deposit of documents till the date of payment.
7. In view of the facts and circumstances of the case it is observed that opposite party shall pay interest @ 9% p.a. on Rs.200000/- w.e.f. 16.08.2009 to 19.09.2011 and shall also pay a sum of Rs.2200/-(Rupees two thousand two hundred only) as litigation expenses to the complainant maximum within one month from the date of decision. Complaint is disposed of accordingly.
8. Copy of this order be supplied to both the parties free of costs.
9. File be consigned to the record room after due compliance.
Announced in open court:
19.03.2015.
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Joginder Kumar Jakhar, President
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Komal Khanna, Member.
