DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA (PUNJAB)
CC. No. 539 of 26-11-2010 Decided on : 13-12-2010
Naval Kaur aged about 74 years Wd/o Chhote Lal S/o Prabhu Lal, R/o H. No. R-170, Street No. 3, Paras Ram Nagar, Bathinda, Tehsil & District Bathinda. .... Complainant
Versus
Life Insurance Corporation of India, Branch Office at Jeevan Jyoti Building, Bibi Wala Road, Bathinda, through its Branch Manager Radha Rani @ Radha Wd/o Kishore S/o Late Chote Lal R/o C/o Dau, St.No. 3, Paras Ram Nagar, Bathinda.
... Opposite parties
Complaint under Section 12 of the Consumer Protection Act, 1986.
QUORUM
Ms. Vikramjit Kaur Soni, President Dr. Phulinder Preet, Member Sh. Amarjeet Paul, Member
For the Complainant : Sh. K.K. Vinocha, Counsel for the complainant For the Opposite parties : Not summoned. O R D E R
VIKRAMJIT KAUR SONI, PRESIDENT
The complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986. In brief, the case of the complainant is that she is mother and opposite party No. 2 is widow of Kishore (now deceased), who as per knowledge of the complainant was holding one LIC policy No. 161124880 having date of commencement 1.5.99 issued by Bathinda Branch, for a sum of Rs. 50,000/- and the insured Kishore was employed with with Punjab Water Supply & Sewerage Board. The aforesaid Kishore has died issueless on 03-01-2006 while in service leaving behind complainant and opposite party No. 2 being mother and wife and thus having equal share being class -I heirs as per Hindu Succession Act. The opposite party No. 2 was shown as nominee in LIC policy and in certain benefits with his employer and she under the garb of nomination is/was treating herself to be the sole beneficiary of all the benefits whereas on receiving the amount the nominee is bound to pay the received sum in accordance with law of succession as per share. When aforesaid Radha Rani, opposite party No. 2, did not agree to accede to the request of the complainant, the complainant filed civil suit which was decided in her favour and she got her share in the aforesaid policy but the complainant has filed appeal showing satisfaction regarding relief against LIC policy but has agitated certain findings qua service benefits and the said appeal is still pending. Now, it has come to the notice of the complainant that her deceased son Kishore was having another LIC policy for a sum of Rs. 50,000/- bearing No. 300236607 under Table 154-12 having date of commencement as 14-07-2004 and date of maturity as 14-07-2016 wherein also aforesaid Radha Rani has been shown as his nominee. The complainant alleged that being mother and class-I heir of deceased Kishore, she is entitled to 50% share in all benefits of the policy in question. The complainant requested the opposite parties and even given notice to opposite party No. 1 to make 50% share payment of all benefits of this policy to complainant, but the opposite party No. 1 did not reply to the notice. Hence, this complaint for issuing directions to the opposite parties to pay 50% share of all benefits of policy in question alongwith interest besides compensation and restrain opposite party No. 1 from making payment of the share of complainant to opposite party No. 2. We have heard learned counsel for the complainant and have gone through the entire record of the case. A close scrutiny of file reveals that complainant has not filed any claim with opposite party No. 1 in connection with Insurance policy in question. The complainant alleged that she has taken share of other Insurance policy after filing case in Civil Court. That decision in another Insurance policy has no relation with the policy in question. The complainant has not produced any document on file to show that she filed the claim for the Insurance policy in question with opposite party No. 1 and it was rejected by the opposite parties. Since, the claim under the policy in question is yet to be filed by the complainant with opposite party No. 1, this complaint is premature and complainant is not consumer to opposite party No. 2. Hence, this complaint is not maintainable before this Forum. Thus, this complaint is dismissed being not maintainable.
A copy of this order be sent to the parties concerned free of cost and the file be consigned to record.
Pronounced 13-12-2010 (Vikramjit Kaur Soni) President
(Dr. Phulinder Preet) Member (Amarjeet Paul) Member
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