Haryana

Fatehabad

CC/220/2020

Naveen Kumar - Complainant(s)

Versus

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

Vikasdeep Singh

13 Mar 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION FATEHABAD.                

                                                                                   Complaint Case No.220 of 2020.                                                                                            Date of Instt.: 14.09.2020.                                                                                                        Date of Decision: 13.03.2023.

Naveen Kumar son of Ghamandi Lal (deceased) resident of village Alawalwas Tehsil Ratia District Fatehabad.

                                                                                                           ...Complainant

                                      Versus

1. Life Insurance Corporation of India, Branch Sector 3, HUDA, Fatehabad Tehsil & District Fatehabad through his Branch Manager.
2. Life Insurance Corporation of India, Divisional Office SCO No.3, 4 & 5, Sector-1, HUDA, Rohtak District Rohtak through its Senior Divisional Manager.

                                                                                                           ...Opposite parties.

                                   Complaint U/S 35 of Consumer Protection Act, 2019

Present:        Sh.Vikasdeep Singh, Advocate for complainant.                                                                  Sh.S.K.Dharnia, Advocate for OPs.      

CORAM:        SH. RAJBIR SINGH, PRESIDENT.                             SMT.HARISHA MEHTA, MEMBER.                                                                 SH.K.S.NIRANIA, MEMBER.                                      

ORDER                                                                                                                                            SH. RAJBIR SINGH, PRESIDENT

1.                                The complainant has filed the present complaint against the Ops on the grounds, inter-alia, that Sh.Ghamandi Lal, father of the complainant, during his life time had obtained an insurance policy bearing No.128182362 dated 28.02.2019 from Ops for a sum of Rs.5 lac; that prior to issuance of the policy, he was also medically examined; that earlier, the deceased (Ghamandi Lal) was also having another policy No.171749755, which had already been matured; that the deceased kept on making the instalments of the policy in question regularly during his life time; that the complainant is the nominee in the said policy; that unfortunately the insured died on 15.09.2019 and regarding this the complainant intimated to the Ops besides submitting all the relevant papers; that instead of honouring the genuine claim, the Ops have wrongly and illegally repudiated the claim without any reason; that the complainant requested the Ops several times to do the needful but to no avail.  The act and conduct of the Ops clearly amounts to deficiency in service and unfair trade practice on their part. In evidence, the complainant has tendered affidavit Annexure CW1/A and documents Annexure A1 to Annexure A5.

2.                                Averments of the complaint have been strongly opposed in the written statement filed on behalf of Ops wherein it is mentioned, inter-alia, that the present complaint is false and frivolous; that the complainant has no locus standi   and cause of action to file the present complaint; that the present complaint is not maintainable; that the present complaint has been filed by concealing the material facts from this Commission and the present complaint is pre-mature. It is further submitted that no intimation regarding the death of insured (Ghamandi Lal) has ever been given to the Ops and even no claim with regard to policy allegedly, purchased by insured (Ghamandi Lal) has ever been lodged with the Ops, therefore, without submission of the claim form alongwith requisite documents, the claim cannot be considered. It has been further submitted that as and when the complainant fulfils the requirement, the claim would be considered as early as possible; that there is no deficiency in service and unfair trade practice on the part of Op. In the end, prayer for dismissal of the complaint was made.  In evidence, the Ops have tendered affidavit and documents Annexure R1 to Annexure R3 on the case file.

3.                                We have heard oral final arguments from both sides and also gone through written submissions submitted on behalf of Ops besides going through the material placed on the case file minutely.

4.                                It is not disputed that father of the complainant was insured with Ops and the complainant has been named as nominee in the policy in question as is evident through Annexure A1. The life insured died on 15.09.2019 as is evident through Annexure A3. The grievance of the complainant is that the insurance company had refused to pay the death claim of the life insured despite receiving premium for the same. On the other hand, learned counsel for the Ops has submitted that the complainant had neither intimated the insurance company about the death of life insured nor submitted the death claim with the insurance company, therefore, the present complaint is not maintainable before this Commission being premature.

5.                                The complainant in his complaint has pleaded that the death claim of the life insured has been repudiated wrongly and illegally by the Ops but the complainant has not placed any such document on the case file. The complainant has also failed to prove on the case file as to on which date, the death claim was submitted with the Ops. It is a settled principle of law that it is the duty of the complainant to prove his case by leading cogent and reliable evidence without taking the benefit of the weakness of the other party. Therefore, we are of the considered view that the present complaint is pre-mature because there is nothing on the file to show the filing of claim form by the complainant with insurance company, so as to reach at any conclusion in this regard. Therefore, we dispose of this complaint with liberty to the complainant to submit her claim before the Ops within a period of 30 days from today and then the Ops are hereby directed to decide the claim of the complainant as per terms and conditions of the policy within a period of 30 days after submission of the claim form alongwith requisite documents, by the complainant with it. In case the complainant is aggrieved with the decision to be taken by the OPs, in that eventuality, he may file a fresh complaint against the decision of the Ops, if so advised. In the given facts and circumstances of this case, parties are left to bear their own costs. Copies of this order be supplied to the parties free of cost. This order be uploaded forthwith on the website of this Commission for the perusal of the parties. Case file be consigned to record room, as per rules.

Announced in open Commission.                                                                           Dated:13.03.2023

                                                                                                                                   

            (K.S.Nirania)                                           (Harisha Mehta)                                    (Rajbir Singh)                                Member                                             Member                                              President