Jammu and Kashmir

Jammu

CC/421/2017

KISHORE LAL - Complainant(s)

Versus

NATIONAL INSURANCE CO. - Opp.Party(s)

IMTIAZ HUSSAIN

04 Apr 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,JAMMU

      (Constituted under J&K Consumer Protection Act,1987)

                                                          .

 Case File  No.                132/DFJ         

 Date of  Institution      29-07-2017

 Date of Decision      :   16-03-2018

 

Kishore Lal,

S/O Lt.Sh.Dharam Chand,

R/O Lower Barnai P.O.Muthi,

Tehsil & Distt.Jammu.

                                                                                                                                Complainant

                  V/S

1.National Insurance Company Ltd.

  N.B,Building Red Cross Road,

Srinagar through its Manager.

2.Nodal Officer,

  Janta Personal Accident Claim.

Director Codes Finance Deptt.

J&K Srinagar.

                                                                                                                                  Opposite parties

CORAM

                  Khalil Choudhary              (Distt.& Sessions Judge)   President

                  Ms.Vijay Angral                                                               Member

                  Mr.Ghulam Sarwar Chauhan                                        Member

 

In the matter of Complaint under section 10 of J&K Consumer

                              Protection Act 1987.

 

Mr.Imtiaz Hussain,Advocate for complainant, present.

Nemo for OP1.

OP2,present.

                                                                   ORDER.

                     Grievance of complainant as disclosed in the complaint is that  the brother of complainant, namely, Lt.Sh.Baldev Raj S/O Dharam Chand R/O Lower Barnai Muthi ,Constable No.368/RSI who died while performing his duty at Serni Nallah Bathoil Tehsil Mahore, during the operation against the militants. According to complainant, since Constable Baldev Raj was a government employee, therefore, was entitled to various types of service benefits, including Janta Insurance Policy for an amount of Rs.one lac,photocopy of death certificate of deceased Baldev Raj is annexed as Annexure-A.Allegation of complainant is that his brother Baldev Raj during his life time had made a declaration in presence of his relatives, as well as, other members of the family that in case of any mis-happening with his life, his mother will be entitled to the benefits, including Janta Insurance Policy. According to complainant after the death of deceased Baldev Raj his mother approached Senior Superintendent of Police Reasi,i.e.the employer of deceased with a request to release the amount of Janta Insurance Policy in her favour,but the same was not released and unfortunately his mother also died,thereafter,complainant approached the Senior Superintendent of Police Reasi for release of Janta Insurance Claim. It is however, submitted that complainant is entitled to the above said insurance claim by the Order of Honble 2^nd Addl.Distt.Judge Jammu which empowers him to collect above said claim from the Ops,photocopy of Succession Certificate dated 29-05-2012 is annexed as Annexure-B.Allegation of complainant is that he was informed by the Senior Superintendent of Police vide letter No.GB/J-Ins/368-RSI/2012/8101-05 dated 15-03-2012 that the case of deceased Const.Baldev Raj stands admitted to the Nodal Officer, anta Personal Accident Claims, Director Codes Finance Department  J&K Jammu/Srinagar i.e.OP2 and the requisite documents have already been forwarded to OP2 vide letter No.5603-04/Acctt.Dated-07-07-2001,photocopy of letter is annexed as Annexure-C.Complainant further submitted that he repeatedly approached Ops for settlement of claim, but OPs failed to settle the claim and this act of Ops constitutes deficiency in service. Hence the present complaint. In the final analysis, complainant prays for  direction to OPs for reimbursement of sum assured of Rs,1.00 lac and in addition, prays for compensation under different heads to the tune of Rs.two lacs.

             On the other hand, OP1 despite service of notice through registered cover with acknowledgment due,but,OP1 did not choose to represent the case in this Forum, either to admit the claim of complainant or to deny the same within stipulated period provided under the Act,therefore,the right of OP1 to file written version was closed vide order dated 27-10-2017.

         On the other hand,OP2 filed written version and submitted that accidental insurance claim of Constable Baldev Raj was forwarded by the Senior Superintendent of Police,Reasi to the Finance Deptt.vide Communication No. GB/J-Ins/368-RSI/2012/5052-53 dated 15-02-2012 and the case was examined in the Finance Deptt.and was immediately forwarded to the National Insurance Company Ltd.i.e.OP No.1 vide communication No.FD/JI/2012/Pol-349 dated 29-02-2012 for registering the claim and release of the insured amount, copy of communication is annexed as Annexure-R1.That the OP2 vide communication No.FD/JI/2012/Pol-349 dated 01-09-2017 has again impression upon the Insurance Company i.e.OP1 to settle the insurance claim of deceased employee, copy of communication is annexed as Annexure-R2.That in the instant case the Nodal Officer has not committed any deficiency in service and the role of the Nodal Officer in the Group Janta Personal Accident Insurance Policy is limited to the extent of sending intimation regarding the accidental death of the concerned Insurance Company after receiving the same from the concerned DDo and the Nodal Officer only acts as a liaison officer between the Insurance Company and the employer of the deceased employee.

                       Complainant adduced evidence by way of duly sworn his own  evidence affidavit and affidavits of Pawan Kumar and Ratna Devi,respectively. Complainant has placed on record copy of death certificate, copy of succession certificate,copy of letter dated 15-03-2012 issued by Sr.Superintendent of Police,Reasi to Nodal Officer and copies of communications exchanged between the parties.                                                   

                          On the other hand,OP2 adduced evidence by way of duly sworn evidence affidavit of Mohd.Amin Shah,Under Secy.to Govt.Finance Deptt.Civil Sectt.OP2 has placed on record copy of letter dated 29-02-2012 issued by OP2 to OP1 regarding intimation of accidental death of Sh.Baldev Raj Constable  and letter dated 01-09-2017 issued by OP2 to OP1 regarding settlement of Insurance Claim of Sh.Baldev Raj Constable.

                                 We have perused case file and heard L/Cs appearing for parties at length.

                   Briefly stated grievance of complainant is that his brother, namely, Lt.Sh.Baldev Raj,Constable No.368/RSI who died while performing his duty at Serni Nallah Bathoil Tehsil Mahore, during the operation against the militants.Since the Constable Baldev Raj was a government employee, therefore, was entitled to various types of service benefits, including Janta Insurance Policy for an amount of Rs.one lac.Allegation of complainant is that his brother Baldev Raj during his life time had made a declaration in presence of his relatives, as well as, other members of the family that in case of any mis-happening with his life, his mother will be entitled to the benefits,including Janta Insurance Policy. According to complainant after the death of deceased Baldev Raj his mother approached Senior Superintendent of Police Reasi,i.e.the employer of deceased with a request to release the amount of Janta Insurance Policy in her favour,but the same was not released and unfortunately his mother also died,thereafter,complainant approached the Senior Superintendent of Police Reasi for release of Janta Insurance Claim. It is however, submitted that complainant is entitled to the above said insurance claim by the Order of Hon’ble 2^nd Addl.Distt.Judge Jammu which empowers him to collect above said claim from the Ops.Allegation of complainant is that he was informed by the Senior Superintendent of Police vide letter No.GB/J-Ins/368-RSI/2012/8101-05 dated 15-03-2012 that the case of deceased Const.Baldev Raj stands admitted to the Nodal Officer, anta Personal Accident Claims, Director Codes Finance Department  J&K Jammu/Srinagar i.e.OP2 and the requisite documents have already been forwarded to OP2 vide letter No.5603-04/Acctt.Dated-07-07-2001.Complainant further submitted that he repeatedly approached Ops for settlement of claim, but OPs failed to settle the claim and this act of Ops constitutes deficiency in service.                      

                   In order to substantiate his assertions, complainant relied upon letter dated,15-03-2012,whereby complainant was informed by Sr.Superintendent of Police Reasi that the case of the deceased Const.Baldev Raj stands admitted to the Nodal Officer,Janta Personal Accident Claims,Director Codes Finance Deptt.J&K Jammu/Srinagar.

                       On the other hand, in support of its version, OP2 relied upon letter dated 29-02-2012,issued by Nodal Officer to The Divisional Manager,National Insurandce Company Ltd. intimation regarding accidental death of Sh.Baldev Raj Constable  and letter dated 01-09-2017 issued by OP2 to OP1 regarding settlement of Insurance Claim of Sh.Baldev Raj Constable.

                     The complainant in his affidavit and affidavits of Pawan Kumar and Ratna Devi,respectively,have supported the averments of the complaint. There is no evidence on record produced by OP1 to rebut the case of complainant. So from perusal of complaint, documentary and other evidence produced by the complainant, it appears that the complainant has succeeded in proving his case as narrated by him in the complaint. The complaint is fully supported by the affidavits of complainant, so, in the given circumstances of the case, and in view of the evidence on record, there is no reason to disbelieve the averments contained in complaint. This is a case of deficiency in service. The Ops1 despite service of notice, sent by the Forum through registered cover has not taken any action to represent its case before this Forum, either to admit the claim of complainant, or to deny it, so there is no reply filed by the OP1  in this complaint and there is also no evidence in rebuttal. The present case of the complainant is covered by Section 11 2(b) (ii) of the Consumer Protection Act, 1987, which provides that in a case, where the OP1 omits or fails to take any action to represent the case within the time given by Forum, in that situation, the Forum shall settle the consumer dispute on the basis of evidence brought to its notice by the complainant. Sub-clause (ii) of the Section 11, clearly provides that even where the OP1 omits or fails to taken any action to represent its case before the Forum, the dispute has still to be decided on the basis of evidence brought to its notice by the complainant.

                    In addition complainant has also supported the allegations contained in the complaint by duly sworn his own affidavit and affidavits of Pawan Kumar and Ratna Devi,respectively, which are corroborative of the facts contained in the complaint. Therefore, in the light of unrebutted averments contained in the complaint and documents on record, we are of the opinion that complainant successfully made out a case of deficiency in service by OP1.

                    Therefore, in view of the foregoing reasons the complaint filed by the complainant for redressal of his grievance is allowed and OP1 is directed to pay insured amount of Rs.one lac  alongwith interest @ 7% per annum from 07-06-2001(i.e. from the date of death of insured) till its realisaiton.The complainant is also entitled to compensation of Rs.20,000/-for causing unnecessary harassment and mental agony and litigation charges of Rs.10,000/-.The OP1 shall comply the order within one  month from the date of receipt of this order. Copy of this order be provided to both the parties as per requirement of the Act. The complaint is accordingly disposed of and file be consigned to records after its due compilation.

Order per President                                     Khalil Choudhary

                                                                (Distt.& Sessions Judge)

                                                                        President

Announced                                            District Consumer Forum

16-03-2018                                                     Jammu.

 

Agreed by                                                               

      

Ms.Vijay Angral          

  Member                                                                                              

.                

 Mr.Ghulam Sarwar Chauhan

Member