Complainants Smt.Devinder Kaur widow, Sharanjit Kaur daughter, Parkash Kaur daughter, Gurjinder Singh, Fateh Deep Singh sons of Late Mangat Singh vide the present complaint filed U/S 12 of the Consumer Protection Act, 1986 (hereinafter for short The Act) for issuance of the necessary directions to the titled opposite party to pay an amount of interest alongwith further interest @ 18% p.a. accrued on the compensation amount of Rs.8,38,500/- from the date of loss i.e. 27.11.2004 till payment and damages Rs.1,00,000/- on account of non payment of interest amount and Rs.10,000/- as legal charges from the other party may also be awarded in his favour, in the interest of justice.
2. The case of the complainant in brief is that Sh.Mangat Singh husband of applicant no.1 and father of other complainants was owner of truck no.RJ13G-9107 which was duly insured with other party and the said truck was stolen and FIR was also registered. Unfortunately, said Mangat Singh had expired and they submitted the claim with opposite party which was not accepted and resultantly a claim was filed before the District Forum Gurdaspur vide complaint no.381 of 2011 and the Forum directed vide order dated 3.4.2012 to the complainants to submit the requisite certificates i.e. succession certificate with the opposite party after obtaining the same from competent authority and the complainants obtained a succession certificate and submitted to the opposite party for payment of the claim amount with interest. As the amount of compensation was assessed at Rs.8,38,500/- as cost of the said insured truck by opposite party but the same amount was paid to the complainants only on 2.8.2016 and no interest was paid by the opposite party to which they are liable to pay as the due interest on the amount of compensation retained by the opposite party. Thus, there is deficiency in service on the part of the opposite party. Hence this complaint.
3. Upon notice, the opposite party insurer appeared through its counsel and filed its written version taking the preliminary objections that the present complaint is not maintainable as the complainant has filed this complaint against the terms and conditions of the insurance policy. The complaint is absolutely false, frivolous and no cause of action has ever arisen in favour of the complainant against the opposite party to file the present complaint. On merits, it was admitted that a complaint was filed before the District Consumer Forum, Gurdaspur vide complaint no.381 of 2011 decided on 03.04.2012. It was incorrect that as the amount of compensation was assessed as Rs.8,38,500/- as cost of the said insured truck by opposite party and the said amount was not paid due to the reasons mentioned above or that thus the said amount of Rs.8,38,500/- remained with opposite party since then or that on receiving the succession certificate from the complainants or that in order to pay the same, the officials of opposite party obtained their signatures on the requisite forms as desired and while obtaining their signatures on the requisite forms as desired and while obtaining the signatures complainants were assured that the compensation amount will be paid with interest thereon till payment but later on they have been paid only the compensation amount of Rs.8,38,500/- only on 02.08.2016 which was credited in their account and no interest was paid by opposite party to which they are liable to pay as the due interest on the amount of compensation retained by opposite party as submitted above. The opposite party has made the payment of Rs.8,38,500/- on 02.08.2016 by complying the orders of this Hon’ble court passed vide complaint no.381 of 2011 decided on 03.04.2012. The complainant has misinterpreted the orders of this Hon’ble court passed in complaint no.381 of 2011 decided on 03.04.2012. There is clear orders of this Hon’ble court that they have demanded a succession certificate or legal heir certificate to process and reopen the case file. In view of this, they direct that the complainants would sent by registered post the legal heirs certificate/succession certificate or any other authenticated document to show that they are the legal heirs of deceased Mangat Singh to the opposite party and thereafter the opposite party would pursue and process the competent authority for the reopening of the case file. It will be the discretion of the competent authority to reopen the file or not. The decision of the competent authority will be communicated to the complainants by the opposite party. No order of any amount with interest is passed by this Hon’ble. The opposite party never assured that the compensation amount will be paid with interest till payment. The complainants have concocted a false story in order to get interest which was never granted by this Hon’ble court as the complainant failed to prove deficiency in service on the part of opposite party in that complaint. The opposite party has rightly paid the compensation amount to the complainants as per the terms and conditions of the policy by complying with the orders of this Hon’ble court passed in complaint no.381 of 2011 decided on 03.04.2012. All other averments made in the complaint has been vehemently denied and lastly prayed that the complaint may be dismissed with costs.
4. Counsel for the complainant tendered into evidence affidavit of complainant Ex.C1 along with the other documents exhibited as Ex. C2 to Ex.C5 and closed the evidence.
5. On the other hand, counsel for the opposite party tendered into evidence affidavit of Sh.Shiv Lal Branch Manager New India Assurance Co. Ex.OP1 and closed the evidence.
6. We have duly heard the learned counsels for both the sides on the points of law and have also thoroughly examined the documents/evidence as produced on records with the requisite care & caution on the points of fact, in order to determine the points of dispute comprising the present complaint. We find that the OP insurers disallowed the impugned claim for the payment of accrued interest upon the receipted compensation of Rs.8,38,500/- delayed on account of procurement of the demanded/ requisite Legal Heirs Certificate that did entitle the present complainants to receive the insurance claim.
7. We find that the present complainants have pleaded that they were also entitled to the interest accrued upon the ‘compensation’ amount during the period of delay on account of procurement of the legal-heir certificate and till the intervening period of time, the amount was withheld and utilized by the OP insurers. They have also produced affidavit Ex.C1 duly supported by some documents exhibited here as: Ex.C2 to Ex.C5.
8. The OP insurers have however clarified their stand by way of deposition Ex.OP1 vide which the payment of the insurance claim to the present complainants stand confirmed and have further stated that the complainants have no legal right to the accrued interest in terms of the applicable policy and thus the same has been justifiably refused.
9. Somehow, we too are not convinced either with the complainants’ demand for accrued interest or with their claimed entitlement to the same. In order to remove all ambiguity, we find it pertinent that the insurance claim had never accrued upon its filing but it was settled only at the OP insurers’ discretionary settlement upon having been in receipt of the legal-heirs certificate in conformity to the forum’s orders dated 03.04.2012. Thus, the complainant’s plea (for their right to accrued interest) that the claim amount has been lying with the OP insurers’ is not sustainable.
10. In the light of the all above, we are of the considered opinion that there has been no statutory merit in the present complaint and thus we ORDER for its dismissal with however no orders as to its costs.
10. Copy of the order be communicated to the parties free of charges. After compliance, file be consigned to record.
(Naveen Puri)
President
Announced: (Jagdeep Kaur)
March 23, 2018 Member
*MK*
