BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.
Complaint No.:331 of 2013.
Date of Institution: 13.06.2013.
Date of Decision:05.12.2016
Smt. Sonu aged about 30 years widow of Sh. Babu Verma son of Sh. Sardara, resident of Hanuman Gate, Bhiwani.
….Complainant.
Versus
- The Oriental Insurance Co. Ltd. Broker Division Office, Oriental House 4th Floor, 7, J, Tata Road, Churchgate, Mumbai, through its Branch Manager, Bhiwani (Haryana).
- The Oriental Insurance Co. Ltd. Broker Division Office, Oriental House 4th Floor, 7, J, Tata Road, Churchgate, Mumbai, through its Senior Divisional Manager.
...Opposite Parties.
COMPLAINT U/S 12 OF CONSUMER PROECTION ACT.
BEFORE: - Shri Rajesh Jindal, President
Mrs. Sudesh, Member
Present:- Shri Arvind Dhaiya, Advocate, for complainant.
Shri Mukesh Jangra, Advocate for OPs.
ORDER:-
Rajesh Jindal, President:
The case of the complainant in brief, is that the husband of the complainant Sh. Babu Lal Verma had obtained a Personal Accident Insurance Certificate Master Policy for Castrol India Ltd,- 124500/48/2009/118 effective from 31.03.2009 to 30.03.2010 covering the personal accidental death and some assured under this plan was Rs. 200000/- and the complainant being the wife of the assured was made the nominee in this policy. It is alleged that on dated 01.03.2010 the husband of the petitioner died in a road accident. It is alleged that the complainant being the nominee of the deceased lodged the claim with the respondent in respect of personal accident insurance certificate by submitting the concerned document but the OPs paid no heed. She also served a legal notice upon the OPs. The complainant further alleged that due to the act and conduct of the respondents, she had to suffer mental agony and harassment. Hence, it amounts to deficiency in service on the part of respondents and as such she had to file the present complaint for seeking compensation.
2. On appearance, the OPs filed written statement alleging therein that the complainant has not mentioned the exact claim number, insurance policy number or name of the issuing office of the alleged policy and neither submitted the copy of policy. It is submitted that as per the version of the complaint, the deceased/insured namely Babu Lal Verma obtained the insurance policy through Castrol India Limited but the complainant has not impleaded the said issuing authority as necessary party in the array of the complaint. Hence, in view of the facts and circumstances mentioned above, there is no deficiency in service on the part of opposite parties and complaint of the complainant is liable to be dismissed with costs.
3. In order to make out his case, the counsel for complainant has tendered into evidence affidavit Annexure PA and documents Annexure P-1 to Annexure P-8.
4. In reply thereto, the counsel for opposite parties has tendered into evidence documents Annexure R-1 to Annexure R-2 alongwith supporting affidavit.
5. We have gone through the record of the case carefully and have heard the learned counsels for the parties.
6. Learned counsel for the complainant reiterated the contents of the complaint. He submitted that the husband of the complainant died on 01.03.2010 in a road side accident at Bhiwani. He submitted that the life of the husband of the complainant was insured for Rs. 2 lakh vide Personal Accidental Insurance Certificate Master Policy No. for Castrol India Ltd.- 124500/48/2009/118 as Annexure P-1. He submitted that the Post Mortem Report is Annexure P-6, FIR No. 91 dated 01.03.2010 under Sections 279, 337 & 304-A IPC is registered with the concerned police station is Annexure P-7. The copy of award dated 29.08.2011 passed by Motor Accident Claims tribunal, Bhiwani in MACT Petition No. 322 of 2010 is Annexure P-8. He submitted that the Ops are liable to pay the insured amount.
7. Learned counsel for the Ops reiterated the contents of the reply. He submitted that no claim intimation has been received by the OPs from the complainant. A letter dated 12.08.2013 was also issued to the complainant by the OPs to submit the necessary documents in the said letter. He submitted that therefore the complaint of the complainant is not maintainable.
8. In the light of the pleadings and arguments of the parties, we have examined the relevant material on the record. Indisputably, the Personal Accidental Insurance Certificate on behalf of the Oriental Insurance Company Limited bearing Certificate No. 74251, Master Policy No. for Castrol India Ltd.- 124500/48/2009/118 Annexure P-1. This certificate has been issued for Castrol India Limited and the name of the life assured as Babu Lal Verma, the husband of the complainant. In the certificate the benefits is covered for personal accident (death only) and the sum assured is Rs. 2 lakh.
9. In this case the OP no. 1 was proceeded exparte on 23.08.2013 and then vide order dated 31.10.2013 was allowed to file the written statement, affidavit and documents etc. The Ops took more than a period of 3 years for filing the written statement in this case. In this case cost of Rs. 500/- was imposed on the Ops vide order dated 16.05.2016 for filing of the written statement and the case was adjourned to 06.06.2016. On 06.06.2016 also written statement was not filed by the Ops hence another cost of Rs. 500/- was imposed in the adjournment. Out of which the cost of Rs. 500/- has been deposited by the Ops with this District Forum vide challan dated 07.06.2015. The Ops have not deposited the cost of Rs. 500/- with this District Forum and filed written statement on 29.11.2016 and after tendering documents Annexure R-1, R-2 and closed the evidence. Due to the act and conduct of the Ops this complaint has been delayed more than 3 years. The defence which has been taken by the Ops in the written statement, can be taken by the Ops by filing of the written statement on the very first date of hearing. Considering the facts of the case, we direct the Ops to settle the claim of the complainant within 60 days from the date of passing of this order. All the relevant documents have already been filed on the court file by the complainant. The Ops may take the copies thereof, as per rules. The Ops are further directed to deposit Rs. 500/- with this District Forum within 30 days from the date of passing of this order, otherwise the Ops shall be liable for the Penal Action under Section 27 of the Consumer Protection Act, 1986. The Ops are responsible for the delay of the proceedings in this case for more than 3 years without any justification. The Ops should have conscious about the claim of a widow who is having minor children. Hence, we are constrained to impose a cost of Rs. 10,000/- on the Ops which shall be payable by the Ops to the complainant. The Ops are directed to pay Rs. 10,000/- to the complainant through demand draft to be sent through registered post to the complainant within 30 days from the date of passing of this order. Certified copies of the order be sent to the parties free of costs. File be consigned to the record room, after due compliance.
Announced in open Forum.
Dated: 05.12.2016.
(Rajesh Jindal)
President,
District Consumer Disputes
Redressal Forum, Bhiwani.
(Sudesh)
Member
