Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 488.
Instituted on : 11.10.2018.
Decided on : 09.12.2019.
- Meena age 52 years, wd/o Sh. Sudesh Kumar s/o Sh. Dhaja Ram
- Manisha age 21 years, D/o Sh. Sudesh Kumar.
- Monika age 20 years, D/o Sh. Sudesh Kumar.
- Anjali age 18 years, (D.O.B. 08.07.2000) d/o Sudesh Kumar
- Rahul minor age 15 years, (D.O.B. 13.01.2003) s/o Sudesh Kumar s/o Sh. Dhaja Ram through his mother as next friend and natural guardian of minor Rahul.
All R/o H.No.614/5, Ward No.21, Azad Garh, Tehsil and Distt. Rohtak.
……….Complainants.
Vs.
The Oriental Insurance Company Limited. Through its Divisional Manager, Jawahar Market, D Park, Model Town, Rohtak(Insurer of truck No.HR-46D-5590).
……….Opposite party.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. RENU CHAUDHARY, MEMBER.
MS.TRIPTI PANNU, MEMBER.
Present: Sh.Parveen Kumar, Advocate for the complainant.
Sh. A.S.Malik, Advocate for opposite party.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case are that Sudesh Kumar s/o Sh. Dhaja Ram was registered owner of Truck No.HR-46D-5590 which was insured with the opposite party under comprehensive policy No.261200/31/2017/4453 for the period 23.09.2016 to 22.09.2017 and Sudesh Kumar declared his wife Meena as nominee. It is averred that Sudesh Kumar was expired on 10.02.2017 and his truck was met with an accident on 10.04.2017. The complainant no.1 lodged own damage claim with OP and same was approved for Rs.358500/- as informed by the opposite party through letter dated 12.09.2018. Sudesh Kumar has declared his nominee to his wife i.e. complainant no.1 in the said policy and now she became owner of said truck and at present R.C and insurance policy are issued in her name. On the other hand, OP is asking for succession certificate from the concerned court, which is wrong, illegal and void. That amount of own damage claim is neither income nor asset left by the deceased for which succession is required. That complainant requested the opposite party many times to give the claim amount as assessed by the surveyor but opposite party did not disburse the claim amount and sought succession certificate. That the act of opposite party is illegal and there is deficiency in service on the part of opposite party. As such, it is prayed that opposite party may kindly be directed to pay amount Rs.380000/- alongwith interest thereon @ 12% per annum and Rs.40,000/- as harassment and Rs.25,000/- as litigation expenses to the complainant as explained in relief clause.
2. After registration of complaint, notice was issued to the opposite party. Opposite party in its reply has submitted that complaint is pre-mature as claim is under process for settlement of the same. Many requests & letter dated 12.09.2018 sent to the complainant, but she did not produce the succession certificate for “Legal heirs” of Suresh Kumar, which is necessary for settlement the claim as per law. Without submitting the requisite documents and non-cooperation of complainant, claim cannot be settled. So complaint is not maintainable on this ground alone. There is no deficiency in service on the part of opposite party and dismissal of complaint has been sought.
3. Ld. counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C5 and has closed his evidence on dated 18.03.2019. Ld. counsel for the opposite party has tendered affidavit Ex.R1 and documents Ex.R2 to Ex.R3 and closed his evidence on 25.04.2019.
4. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
5. As per the pleadings advanced by the complainant Smt. Meena Kumari i.e. complainant no.1, was declared as nominee by the policyholder i.e. Sudesh Kumar(since deceased). We have perused Ex.C2 a copy of policy but we have not found the name of the nominee i.e. Smt. Meena on the above said document anywhere. As per the written statement filed by the respondent, the respondent has admitted this fact that they are ready to pay amount of Rs.358500/- to the L.Rs of the deceased. In fact, in the written statement and affidavit filed by the opposite party, the name of the deceased is mentioned as Suresh Kumar instead of Sudesh Kumar but as per the documents attached by the respondent company i.e. letter dated 22.09.2018 placed on record as Ex.R2, it shows that the name of deceased is Sudesh Kumar. Moreover, investigation report Ex.R3 itself proves that the name of insured/deceased is Sh. Sudesh Kumar s/o Sh. Dhaja Ram. As per survey report Ex.R3, the claim has been assessed as Rs.358500/- but the same has not been paid to the complainant for want of succession certificate. In this regard, it is observed that the present complaint was filed by the complainant alongwith all the other legal heirs of the deceased. It has been specifically mentioned in the complaint that mother of the deceased had already been died since long.
6. In these circumstances, complaint is allowed and it is directed that opposite party shall pay Rs.358500/- alongwith interest to the L.Rs of the deceased Sudesh Kumar as mentioned in the title of the complaint. It is further made clear that out of the alleged awarded amount, opposite party shall pay Rs.50000/-(Rupees fifty thousand each only) to the complainant no.2 to 5 and remaining amount of Rs.158500/-(Rupees one lac fifty eight thousand five hundred only) shall be paid to complainant no.1 Smt. Meena. Opposite party is also directed to pay interest @ 9% p.a. on the alleged awarded amount to the complainants respectively from the date of filing the present complaint till its realization and shall also pay Rs.3000/-(Rupees three thousand only) as deficiency in service and Rs.2000/-(Rupees two thousand only) as litigation expenses to the complainants within one month from the date of decision. It is also made clear that amount after disbursement on account of minor i.e. complainant no.5, the same shall be deposited in any nationalized bank till his majority and shall be paid to him on attaining the age of majority.
7. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
09.12.2019.
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Nagender Singh Kadian, President
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Renu Chaudhary, Member.
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Tripti Pannu, Member.
