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Order dictated by:

Sh.Anoop Sharma, Presiding Member

1.  Charan Singh complainant has brought the instant complaint under section 12 & 13 of the Consumer Protection Act, 1986  on the allegations that  complainant is a nominee of Life Insurance Policy of her deceased wife Mrs. Harjeet Kaur  having policy No. 860476712. Deceased wife of the complainant was insured by opposite party No.2 being the authorized agent of opposite party No.1 for sum of Rs. 1,36,710/-  with assured bonus. According to the complainant opposite party No.2 has to take the premium from the account of the complainant and transfer the proceeds to opposite party No.1.  Wife of the complainant unfortunately expired on 10.3.2016. The opposite parties were intimated about the same  and were requested time and again to pay the sum insured with the accrued bonus. But till the filing of the present complaint, opposite parties have not made the payment of the sum insured alongwith the accrued bonus to the complainant. Vide instant complaint, complainant has sought for the following reliefs:-

1. Opposite parties be directed to pay the amount of Rs. 1,36,710/- alongwith accrued bonus alongwith interest @ 12% p.a. from 10.3.2016 till realization ;
2. Compensation to the tune of Rs. 50000/- may also be awarded to the complainant;
3. Opposite parties be also directed to pay adequate litigation expenses.

Hence, this complaint.

2.       Opposite parties did not opt to put in appearance  despite service of notice, as such they were ordered to be proceeded against ex-parte.

3.       In his bid to prove the case Sh. Deepinder Singh,Adv.counsel for the complainant tendered into ex-parte evidence duly sworn affidavit of the complainant Ex.C-1, copy of policy schedule Ex.C-2, copy of death certificate Ex.C-3 and closed the ex-parte evidence on behalf of the complainant.

4.       We have heard the ld.counsel for the complainant and have carefully gone through the record on the file.

5.       From the appreciation of the facts & circumstances of the case, it becomes amply clear that the complainant is nominee of  the Life Insurance Policy obtained by her deceased wife Mrs. Harjeet Kaur bearing policy No. 860476712  for the sum of Rs. 136710/- with assured bonus. Copy of policy schedule is Ex.C-2 on record. According to the complainant unfortunately his wife expired on 10.3.2016 and the opposite parties were duly intimated , copy of death certificate accounts for Ex.C-3 on record. Thereafter the complainant requested the opposite parties to pay the sum insured alongwith accrued bonus and also complied with all the formalities as required by the opposite parties. But till date the opposite parties did not settle the claim of the complainant. The evidence adduced by the complainant has gone unrebutted on record because, despite service, opposite parties  did not  opt to appear & contest the claim of the complainant  thereby admitted the case of the complainant. However, the complainant himself has placed on record copy of letter written by opposite parties to the complainant dated 12.5.2016 vide which opposite parties have admitted the receipt of some documents  but have demanded certain another documents i.e. medical certificate confirming cause of death and past medical history, if any and Form C Attending Physician Statement. The complainant has not produced any evidence to prove that he has already submitted the abovesaid documents. So under the given circumstances, it  is justifiable if the complaint is disposed of by giving directions to both the parties.

6.       In view of the above discussion, the complaint is disposed of with the direction to the complainant to supply the documents i.e. medical certificate confirming cause of death and past medical history, if any and Form C Attending Physician Statement  within 15 days from the date of receipt of copy of order and thereafter the opposite party No.1 settle the claim of the complainant within a further period of 30 days from the date of submission of documents by the complainant.  Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum. Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room.

Announced in Open Forum

Dated :27.4.2017