Punjab

Faridkot

CC/21/83

Baghel Singh - Complainant(s)

Versus

Max Life Insurance Company - Opp.Party(s)

Avinash Kaur

31 May 2022

ORDER

 DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,  FARIDKOT

 

Complaint No. :      83 of 2021

Date of Institution:  11.05.2021

Date of Decision :   31.05.2022

 

Baghel Singh son of Jagdeep Singh resident of Sikhanwala Road, Kothe Thare, Kotkapura, District Faridkot.

                                                                                                       ...Complainant

Versus

 

1. Max Life Insurance Company Limited, 90-A,Sector 18, Udyog Vihar, Gurugram-122015.
2. Max Life Insurance Company Limited, Regd. Office 419, Bhai Mohan Singh Nagar, Railmajra, Tehsil Balachaur, District Nawanshehar, Punjab-144533.

                                                                              .......Ops

Complaint under Section 35 of the

Consumer Protection Act, 2019.

 

Quorum:   Smt Param Pal Kaur, Member,

                  Sh Vishav Kant Garg, Member.

 

Present:       Ms Avinash Kaur, Ld Counsel for complainant,

                     Sh Rajwinder Singh Brar, Ld Counsel for OPs.

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ORDER

(Param Pal Kaur, Member)

                                                           Complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against OPs seeking directions to OPs to make payment of insurance claim of Rs. 17,10,000/-pertaining to death of insured Manpreet Kaur real sister of complainant who has having insurance policy bearing no.616113577 and for further directing OPs to pay Rs.1,00,000/- as compensation for harassment, inconvenience, mental agony and litigation expenses of Rs.11,000/-.

2                                                        Briefly stated, the case of the complainant is that complainant is the real brother of deceased Manpreet Kaur who was insured with OPs vide insurance policy bearing number 616113577 and as per policy, OPs are liable to pay Rs17,10,000/- as insurance claim on account of her unnatural death. It is submitted that Manpreet Kaur died on 13.02.2020. she was insured with OPs and complainant is the nominee of his real sister deceased Manpreet Kaur. After her death, complainant made several requests to OPs to make payment of insurance claim on account of death of insured Manpreet Kaur, but all in vain. They have been making lame excuses and have not made any payment as insurance claim. All this amounts to deficiency in service and

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trade mal practice on the part of OPs and has caused harassment and mental agony to him. He has prayed for directions to Ops to pay the insurance claim and Rs.1,00,000/- as compensation besides Rs.11,000/- as cost of litigation. Hence, the present complaint.

3                                                       The counsel for complainant was heard with regard to admission of the complaint and vide order dated 08.06.2021, complaint was admitted and notice was ordered to be issued to the opposite party.

4                                                    On receipt of the notice, OPs filed reply taking preliminary objections that complaint is not maintainable in the present form as complaint filed by complainant is premature because complainant has not lodged any claim with  OPs nor submitted any documents regarding alleged claim.  Complainant is required to lodge claim as per proper channel. Further averred that complaint is bad for non joinder of necessary parties as he has not joined all the legal heris of decased Manpreet Kaur, which are necessary parties for the just and proper decision of case. Complicated questions of law and facts are involved in it and it can not be decided in summary proceedings.

cc no.-83 of 2021

Complainant has not come to the Forum with clean hands and has concealed the material fact no detail regarding unnatural death of Manpreet Kaur has been given by him that is necessary to investigate the claim of lodged with answering OPs. Present complaint is not maintainable and is liable to be dismissed and even complainant is not their consumer. However, on merits, OPs have denied all the allegations being wrong and incorrect and reiterated the same pleading that complainant has not furnished any information or detail regarding unnatural death of Manpreet Kaur. All the other allegations are also denied being incorrect as asserted that there is no deficiency in service on their part because complaint filed by him is premature as complainant has neither lodged any claim with OPs nor have supplied any information regarding unnatural death of Manpreet Kaur. Prayer for dismissal of complaint with costs is made.

5                                                   Parties were given proper opportunities to prove their respective case.  Ld Counsel for complainant tendered in evidence affidavit of Sandeep Singh summoned witness Ex CW-1, document Ex CW-2,  documents Ex C-1 and Ex C-2, affidavit of complainant Ex C-3, affidavit of Jaswinder Singh Ex C-4 and then, closed his evidence.

 

cc no.-83 of 2021

6                                              In order to rebut the evidence of the complainant, ld counsel for OPs tendered in evidence affidavit of Prashan Singh Deputy Manager Legal Max Life Insurance Company Ltd as Ex OP-1/A and documents Ex OP-1 to Ex OP-14 and then also closed the same on behalf of OPs.

7                                               We have heard the arguments addressed by all the parties and have also gone through the evidence and documents led by the parties.

8                                              From the careful perusal of record and going through the affidavits, evidence and pleadings of the parties, it is observed that grievance of complainant is that deceased Manpreet Kaur/real sister of complainant was insured under the policy of Ops for a sum of Rs.17,10,000/- and during the validity of insurance period, she passed away. After her death, complainant being nominee of Manpreet Kaur made several requests to OPs to make payment of insurance claim, but all in vain as they have not made any payment on account of her death. In reply, OPs stressed mainly on the point that present complaint is premature as complainant has not lodged any claim with

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them and has also not supplied them  any documents required for decision of claim regarding unnatural death of Manpreet Kaur. As per OPs, there is no deficiency in service on their part and prayed for dismissal of complaint with costs.

9                                                        We have carefully gone through the file and from the  above discussion, we come to the conclusion that there is no dispute about the insurance claim as it is admitted fact of Ops that sister of complainant was insured under their insurance policy for Rs.17,10,000/- and they have themselves admitted in their written statement as well as before the Forum that complainant is required to lodge claim with them as per proper channel and should submit the requisite documents and detail regarding unnatural death of Insured Manpreet Kaur to them. It is observed that complaint is premature and therefore, complaint in hand stands disposed off being premature. Direction is given to Ops to provide claim form to complainant and complainant is directed to submit the requisite documents to OPs within 15 days of receipt of the copy of this order and OPs are further directed to process and clear the claim of complainant within 45 days of submission of original documents sought by them from complainant. Compliance of this order be made

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within prescribed period, failing which complainant shall be at liberty to file it afresh on the same cause of action. Copy of order be given to parties free of cost under rules. File be consigned to record room.

Announced in Commission

Dated : 31.05.2022                 

 

Member                           Member

                                                (Vishav Kant Garg)        (Param Pal Kaur)

         

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

cc no.-83 of 2021

Baghel Singh     Vs    Max LIC Ltd

 

Present:       Ms Avinash Kaur, Ld Counsel for complainant,

                     Sh Rajwinder Singh Brar, Ld Counsel for OPs.

                     Arguments heard. Vide our separate detailed order of even date, complaint in hand is hereby disposed off being premature. Copy of order be given to parties free of cost under rules. File be consigned to record room.

Announced in Commission

Dated : 31.05.2022                 

 

Member                           Member

                                                (Vishav Kant Garg)        (Param Pal Kaur)