DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

PATIALA.

                                      Consumer Complaint No. 191 of 22.5.2018

                                      Decided on:      6.12.2019

Harmesh Singh aged 52 years s/o Late Karam Singh, R/o H.No.258, St. No.7, Kasba Rurki, Bahadurgarh-147021.

                                                                   …………...Complainant

                                      Versus

1.       Manager, Life Insurance Corporation of India 11-S Branch Goverdhan Tower 53-54 Nehru Palace, New Delhi-110019.

2.       Manager, Fedral-Mogul Goetze (India) Ltd. Bahadurgarh-147201.

                                                                   …………Opposite Parties

                                      Complaint under Section 12 of the

                                      Consumer Protection Act, 1986.

QUORUM

                                      Sh. M.P.Singh Pahwa, President

                                      Smt. Inderjeet Kaur, Member

                                      Sh.B.S.Dhaliwal, Member

ARGUED BY

                                      Sh.G.A.Kumar,Advocate, counsel for complainant.

                                      Sh.Amit Kumar Bedi,Advocate, counsel for OP No.1

 ORDER

                                    M.P.SINGH PAHWA,PRESIDENT

1. This is the complaint filed by Harmesh Singh  (hereinafter referred to as the complainant) against Manager Life Insurance Corporation of India and another (hereinafter referred to as the OPs).
2. Briefly the case of the complainant is that his father Karam Singh, employee No.56202 of Goetze (India) Ltd,Bahadurgarh now known as Fedral-Mogul Goetze (India) Ltd., Bahadurgarh, was insured under Jeevan Dhara Death claim policy No.111519353 dated 1.1.1991. He expired on 30.7.2013.His death claim in favour of his wife (nominee) was forwarded to OP No.1 alongwith original documents and death certificate by OP No.2 on 28.9.2013. Thereafter, OP No.1 stopped annuity of Rs.420/- per month immediately but gross insurance value element of Rs.42000/- was not released to his nominee Jangir Kaur even during 41 months, whereas the claim is to be settled within two months.
3. Jangir Kaur also died on 14.12.2014. Complainant got issued one month legal notice dated 29.3.2018 to the OPs for getting released statutory claim amount of Rs.42,000/- in the name of the complainant, being son of deceased Karam Singh. The amount of the claim with interest @ 12% per annum from the date of stop of annuity till actual payment but no reply to the legal notice was received.
4. On this back ground of the facts, the complainant has filed this complaint for claiming release of the amount of Rs.42,000/- with interest, Rs.5000/- compensation for causing mental, physical and financial harassment, Rs.10,000/- costs of the litigation and Rs.20,000/- punitive damages.
5. The complainant in support of his case has also quoted some case laws, the repetition of which is considered not necessary at this stage for the sake of brevity.
6. After hearing the complainant at admission stage, notice was ordered to be issued to OP No.1 only. OP No.1 appeared through counsel and filed written reply. In reply the OP has raised legal objections that the complainant has not come to the court with clean hands and as such is not entitled to the relief as prayed for; the complaint is premature and deserves dismissal. The complainant has not applied for any claim. As such fate of the claim has not been decided till now. OP can consider and decide the fate of the claim only when the complainant fulfills requirements of the OP by applying for the claim alongwith necessary documents; that no cause of action has accrued to the complainant to file the complaint; that the complaint has not been verified as per law and that this Forum has no jurisdiction to try and decide the complaint.
7. On merits, fact regarding insurance is not denied. It is reiterated that no claim has been filed with the OP. Any liability is arising out of the contract of insurance will be decided only after claim is submitted/intimated to the OP.All the over averments of the complainant are denied.In the end OP prayed for the dismissal of the complaint.
8. Parties were afforded opportunity to adduce their evidence.
9. In support of his case, the complainant tendered into evidence his affidavit, Ex.CA, copy of policy,Ex.C1, copy of death certificate, Ex.C2,copy of letter dated 28.9.2013, Ex.C3, copy of authority,Ex.C4, copy of death certificate of the nominee, Ex.C5, copy of legal notice, Ex.C6, copy of Aadhar card, Ex.C7, copy of citation, Ex.C8, copy of indemnity bond, Ex.C9 and copy of citation, Ex.C10.
10. The OP No.1 tendered into evidence affidavit of Rajiv Malhotra, Ex.OPA, copy of policy, Ex.OP1 and closed the evidence.
11. We have heard the ld. counsel for the parties and gone through the record of the case, carefully.
12. The ld. counsel for the parties have reiterated their stand as taken in their respective pleadings.
13. The complainant has claimed that his father Karam Singh availed policy with maturity amount of Rs.42,000/-.

This fact is not disputed by the OP also. Moreover, the OP has also placed on record copy of the policy Ex.OP1

14.  It is asserted by the complainant that Karam Singh has expired. Copy of death certificate Ex.C2 corroborates this fact. As per policy Jangir Kaur was the nominee in the policy. Jangir Kaur nominee has also expired. Copy of death certificate,Ex.C5 also proves this fact.
15. It is the case of the complainant that the claim was submitted to the OPs and the OPs have not settled the claim.
16. Only contention of the OP is that the claim is not received in their office.
17. Complainant also placed on record copy of the letter dated 28.9.2013, Ex.C3. This letter is written by the employer of Karam Singh to OP, intimating death of the insured.

It is also revealed in this letter that the death claim alongwith original policy and death certificate is forwarded for necessary action.

This document proves that the death claim was forwarded to the OP.

18.  The complainant has also placed on record death certificates of Karam Singh and his nomine Jangir Kaur, copies of which were supplied to the ld. counsel for the OP. Therefore, the OP can settle the claim on the basis of documents forwarded by the employer of the deceased Karam Singh and copies of the documents placed on record.
19. For the reasons recorded above, the complaint is partly accepted with Rs.3000/- as costs of litigation.
20. The OP No.1 is directed to settle the claim within 45 days from the date of the receipt of the certified copy of this order.

However, the OP will be at liberty to seek further information, if any, required from the complainant and the complainant also will be under obligation to execute the necessary documents/bonds if any, required by law by the OP.

ANNOUNCED

DATED:6.12.2019       

 B.S.Dhaliwal                         Inderjeet Kaur              M. P. Singh Pahwa

       Member                                 Member                                      President