Punjab

Rupnagar

CC/21/5

Santokh Singh - Complainant(s)

Versus

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

Sh. ChanminderPal Singh, Adv.

20 Aug 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION ROPAR

                                               Consumer Complaint No.05 of 2021

                                              Date of institution: 22.01.2021

                                              Date of Decision: 20.08.2021

 

Santokh Singh son of Sh. Chint Ram, resident of village Bandlehri, Tehsil Nangal, District Rupnagar now residing at Village Bandlehri, Tehsil Nangal, District Rupnagar. 

…….Complainant

Versus

Life Insurance Corporation of India, Near Shivalik Cinema, Nangal, Tehsil Nangal, District Rupnagar through its Branch Manager  

                                                    ……..Opposite Party

Complaint under Consumer Protection Act.

Quorum:   Shri Sanjiv Dutt Sharma, President.

                       Capt. Yuvinder Singh Matta, Member

Present: Sh. Chanminderpal Singh, Adv. counsel for complainant

     Sh. Narinder Kumar, Adv. counsel for O.P.

 

Order dictated by :-  Shri Sanjiv Dutt Sharma, President and

Capt. Yuvinder Singh Matta, Member

 

Order

The present order of ours will dispose of the above complaint filed under Consumer Protection Act, by the complainant (hereinafter referred as ‘CC’ for short) against the Opposite Party (hereinafter referred as ‘OP for short) on the ground that son of CC namely Gurjeet Singh had subscribed Life Insurance Policy from the OP vide policy No. 119715530 and was paying the premium to the OP regularly. It is alleged that his deceased son has appointed the CC as nominee in this policy, the policy was for Rs.2 Lacs, but in the event of death of the subscriber, then the nominee was to get the double i.e. Rs.400000/-. It is averred that CC's son Gurjeet Singh died in accident on 27.7.2019. The post mortem was conducted in the hospital on 27.7.2019 and even the matter was registered with the police regarding this accident. It is alleged that CC after the death of his son informed the OP regarding the accidental death of his son and also submitted the relevant papers in the office of the OP and sought claim of his son but nothing was done by the OP. It is further alleged that CC visited the office of the OP many times but OP was putting off the matter on one pretext or the other and did not settle the claim of the CC. Even a legal notice was sent through the Advocate to the OP, but no action was taken by the OP even after receiving the legal notice. This act of the OP caused mental and physical harassment to the CC. Thus, alleging deficiency in service on the part of the OP, CC has sought the claim of Rs.4 Lacs from the OP along with Rs1 Lacs for causing mental physical harassment along with Rs.15,000/- as litigation expenses. Complaint of the CC is also signed, verified and duly supported by an affidavit of the CC.

2.                 In reply, the OP raised a number of preliminary objections on the ground of maintainability and on the ground that CC has not approached this Commission with clean hands. It is further in the petition that CC had not given any documents to establish the fact that Gurjeet Singh was driving the JCB machine while holding an invalid Driving License. There is no deficiency in service on the part of the OP etc. On merits, it is averred that the branch office of the OP Nangal received intimation on 10.06.2020 and as per the documents papers submitted by the agent Sh. Sanjay Dewan, competent authority on 24.06.2020 has admitted the liability of claim for death sum assured  + Bonus + accidental benefit in favour of the CC subject to submission of driving license and original death certificate of the insured deceased Gurjeet Singh. It is alleged that the agent also visited the house of the CC but he did not get any response from the CC. However, it is admitted that amount is not paid to the CC since he has not submitted the driving license and other documents of the deceased, as such, the amount is not paid. Thus, alleging no deficiency in service on its part and has prayed for dismissal of the complaint. One Sh. Rajesh Bhatia, has signed the version on behalf of OP.

3.       The version is also supported by an affidavit of Sh. Rajesh Bhatia

4.       In support of the complaint, the complainant has tendered into                                 evidence duly sworn affidavit of complainant. On the other hand, the                          learned counsel for the OP has tendered some documents in the shape                        of evidence Ex.OP1 to Ex.OP3.

5.       On the other hand, the OP has not submitted even the policy or even the photocopy of the policy for the reasons best known to him only.

6.       From the perusal of the documents submitted and averments of the complaint, it is writ-large on the file that the OP has intentionally with held the policy from this Commission, so that this Commission cannot go through the terms and condition of the "Life Insurance Policy", which was subscribed by the CC. During the arguments, the learned counsel for the CC informed that the original policy and even the photocopy along with documents was submitted to the OP. It is admitted by the OP that CC is definitely entitled to the amount of Rs.4 Lacs in the event of death of Gurjeet Singh son of the CC since the same has taken place in a an accident. We do not see any reason for the OP to ask for the driving license since it is life insurance policy where even if a person died while drowning also amounts to an accident even then he or she is entitled for double the amount of insurance policy which he or she had subscribed. The logic of the OP demanding the driving license of the deceased makes no sense. Despite the fact that they have admitted that Sh. Gurjeet Singh died in an accident. The word accident is sufficient and there is no requirement to bring the license on record. It is not the case of the OP that Gurjeet Singh was not holding a valid driving license etc. It is pertinent to mention here that it was a life insurance policy, where simply an accidental death is sufficient and entitles the CC to get double the amount of the policy subscribed by the deceased.

7.       With holding the amount of the CC and raising false, frivolous and fabricated objections is definitely a deficiency in service on the part of the OP. No affidavit is filed by the OP that any amount of Rs.4 Lacs is given to the CC during the pendency of the present complaint. We have seen two documents OP2 & OP 3 submitted by the OP dated 1.1.2021 but the same are not even attested by any authority or any manager of the OP whether this amount stands paid to Sh. Santokh Singh CC or not. In the absence of any affidavit or any cogent evidence, we cannot appreciate these two documents OP2 & OP3.

8.       It is writ large on the file that OP has intentionally withheld the sum with a malafide intention and in order to cause physical and mental harassment to the CC who lost his son in accident and has thus committed  deficiency in service and even malpractice on the CC.

9.       We feel, that such unscrupulous and careless official of the OP company deserves to be tackled with strong hands.

10.     Accordingly, in view of our above discussion, we allow the present complaint in favour of the CC and order the OP to pay an amount of Rs.4 lacs along with interest 18% per annum from the date of filing of the complaint. We further order that the manager who has filed his affidavit which is nothing but a ditto copy of the version filed by the OP and appears to be without any logic, to pay Rs.1 Lacs compensation from his salary to Sh. Santokh Singh (CC) as compensation.  We further order that the OP (Life Insurance Company) to pay the litigation expenses of Rs.15,000/- to the CC. The heavy compensation and litigation expenses are imposed to curb such malpractices prevailing in the insurance companies. Free certified copies of this order be sent to the parties, as per rules. The files be consigned to record room.

•  

August 20, 2021

                                                     (Sanjiv Dutt Sharma)

                                                     President

                                            

 

(Capt. Y.S. Matta)