Punjab

Fatehgarh Sahib

CC/53/2018

Bahadur Singh - Complainant(s)

Versus

Life Insurance Corp. of India - Opp.Party(s)

Sh.N.S.Toor

29 Apr 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, FATEHGARH SAHIB.

                                                                   Complaint No. 53 of 2018

                                                                   Date of Institution: 30.11.2018

                                                                   Date of Decision: 29.04.2022

 

1. Bahadur Singh aged about 65 years S/o Sh. Ishar Singh
2. Karnail Kaur aged about 62 years, W/o Bahadur Singh, both residents of Village Panaichan, Tehsil Khamano, District Fatehgarh Sahib.                                                                                                ...…………....Complainant(s)

                                                Versus

1. Life Insurance Corporation of India Branch at Jeevan Jyoti Building, Near Water Pump Model Town, Kapurthala through its Manager.
2. Life Insurance Corporation of India, Branch at Bassi Road, Sirhind, Tehsil and District Fatehgarh Sahib through its Manager.
3. Police Department C/o S.S.P. District Kapurthala.
4. State Transport Commissioner Punjab, Jeevandeep Building, Sector 17, Chandigarh.
5. Commandant, 7^th Indian Reserve Battalion, Kapurthala.

..………........Opposite Party(s)

Complaint under Section 12 of Consumer Protection Act 1986

Quorum

Sh. Pushvinder Singh, President

Sh. Manjit Singh Bhinder, Member

Ms. Shivani Bhargava, Member

 

Present: Sh. N.S. Toor, counsel for complainant.

              Sh. M.L Singhi, counsel for the OPs No.1 and 2.

              Sh. Daljeet Singh clerk for OP No.4

               Sh. Sikandar Singh ADA of OP No.5

 

OrderBy

Pushvinder Singh, President

                    

        Arguments heard and at this stage, learned counsel for OPs contended that this complaint is not maintainable before this Commission as there is allegation of forgery in the present case. From perusal of the file, we find that the complainants filed the present complaint for directing the OPs to pay the insurance claim regarding the death of Balkar Singh son of the complainants. The complainants have alleged that their son Balkar Singh was employed in 7^th Indian Reserve Battalion, Kapurthala and he died in his young age on 30^th January, 2016 while he was on duty in the government service of Police Department. Balkar Singh(deceased) had obtained a policy of LIC dated 28.11.2011 bearing No.164570494 and the premium was being paid by OP No.3 and 4 after deducting from the salary of Balkar Singh. But the policy lapsed due to non-payment of premium by OP No.3 and 4 due from 28.12.2011 and it was the duty of Police Department to pay the premiums by deducting from the salary of Balkar Singh

      The OPs have contested the present complaint alleging that after taking the policy the premium was being paid from his salary but Balkar Singh(deceased) gave an application in writing stating that he was not willing to continue with the LIC policy as the economic position of his house was not good. It was requested by him not to deduct the premium of LIC from his salary. In this regard the Department got compared the signatures of Balkar Singh on the application allegedly made by him to the Department for not deducting the premium from his salary and the report was received from Forensic Science Laboratory, SAS Nagar Mohali dated 30.03.2021 and as per the report the signatures of Balkar Singh on the alleged statement were written by some other person. Signatures of Balkar Singh did not match with his other signatures on the other documents of Department. An inquiry was conducted by Sh. Jasvir Singh DSP, 7^th Indian Reserve Battalion, Kapurthala, and he made report that Balkar Singh was not willing to get the premium of insurance policy deducted from his salary and he by giving an application got stopped the deduction of premium.

              As per the case of the complainant he never gave any application to the Department for getting the deduction of premium stopped and the signatures on the alleged application was forged which is cleared from the report of Forensic Science Laboratory. On the other hand the OPs are relying upon the said application of Balkar Singh vide which he allegedly got stopped the deduction of premium from his salary.

                 So we are of the considered view that if there is a allegation of fraud/forgery in the complaint the same should not be investigated or decided by this Commission as the proceedings in Consumer Commission are summary in nature.  As such this  Commission is not empowered to adjudicate the allegation of fraud/forgery.  Hon’ble State Consumer Disputes Redress Commission in case title as  Marry Kutty Samuel  Vs  Chief Manager, Icici Prudentiak Life Insurance Co. Ltd  has observed  that the Consumer Fora  is not empowered  to adjudicate the allegation of Fraud.  The Hon’ble  National Consumer Disputes Redressal Commission New Delhi has observed in the case  titled as Capital Charitable  & Education  Vs Axis Bank Limited that the cases related to fraud/forgery  cannot be decided by  a Consumer Fora, proceedings before which, are summary in nature.

                In view of our aforesaid discussions, the complaint is not maintainable before this Commission and as such the same is dismissed. The complainants are at liberty to file suit before the Civil Court or any other Forum having jurisdiction, as per law. Any observation made by this Commission should not be treated as an expression of opinion, or any point involved in this case. Free certified copies of the order be supplied to the complainant and the OPs as per rules.  File be indexed and consigned to record room.

Announced: 29.04.2022                   

                                                                             (Pushvinder Singh)

                                                                              President

 

 

(Manjit Singh Bhinder)

                                                                             Member

 

                                                                                       (Shivani Bhargava)                                                                                                   Member