BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR.

Consumer Complaint No. 603 of 2015

Date of Institution: 29.9.2015

Date of Decision: 27.7.2016  

Mr. Mor Singh S/o Sh. Piara Singh R/o Village Khusu Puru P.O. Bhindi Saidan, Tehsil Ajnala District Amritsar

Complainant

Versus

1. PACL India Ltd through its Chairman/Managing Director/Principal Officer service through its branch office at National Complex, Near Hide Market, Amritsar through its Branch Manager
2. ICICI Lombard General Insurance Co.Ltd., through its Chairman/Managing Director/Principal Officer having its Branch office at District  Shopping Complex, Ranjit  Avenue,Amritsar through its Branch Manager

Opposite Parties

Complaint under section 12 & 13  of the Consumer Protection Act, 1986 as amended upto date.

Present: For the Complainant: Sh.Deepinder Singh, Advocate.

              For the Opposite Party No.1: Ex-parte

              For the Opposite Party No.2 : Sh.Amit Bhatia,Advocate

Coram:

Sh.S.S.Panessar President

Ms.Kulwant Kaur Bajwa, Member

Mr.Anoop Sharma, Member  

Order dictated by:

Sh.S.S.Panessar,President.

1. Mor Singh, complainant has filed the present complaint under section 12 & 13 of the Consumer Protection Act on the allegations that  complainant is a nominee/beneficiary of his deceased mother Mahinder Kaur wd/o Piara  Singh having taken the policy from the opposite party bearing No. 4005/61658273/00/000, certificate No. 4005/61658273/00/000/30151 alongwith customer ID No. 0090000091. The complainant is a consumer  as provided under the Act and is competent to invoke the jurisdiction of this Forum. The mother of the complainant had taken the aforesaid policy  of opposite party No.2 through opposite party No.1 covering the assured death benefit of Rs. 5,00,000/-. The mother of the complainant died due to accident on 17.10.2011 and the police complaint was also lodged . The complainant earlier filed complaint before this Forum  vide complaint No. 532/12 against the opposite parties which was disposed of vide order dated 19.12.2014, copy of the order is annexed. The Forum while disposing of the complaint directed opposite party No.2 to settle the claim of the complainant on receipt of the duly filled claim form alongwith relevant documents. The complainant filed  application u/s 27 of the Act before this Forum wherein opposite party No.2  filed one purported letter dated 6.5.2015 issued to opposite party No.1 that genuine claim of the complainant  has been repudiated on the point that there were certain lack of information and documents which were never sought from the complainant.  Further the documents sought for are not relevant which may cause any impediment in the payment of the genuine claim of the complainant. Letter was issued just to defeat the genuine claim of the complainant and to harass the complainant. The complainant has sought for following reliefs vide instant complaint :-

1. Opposite party be directed to pay the claim of Rs. 5,00,000/- alongwith interest @ 12% p.a. from the date of death of mother of the complainant till realization.
2. Compensation to the tune of Rs. 50000/- may also be awarded to the complainant.
3. Opposite party be also directed to pay the adequate cost of the present litigation.

Hence, this complaint.

2.       Upon notice, opposite party No.2 appeared and filed written statement contesting the claim of the complainant taking certain preliminary objections therein inter alia that the present complaint is not maintainable as the same is an abuse of the process of law ; that complainant has not come to the Forum with clean hands and had suppressed the material facts from the notice of this Forum ; that complainant has concealed and suppressed the material facts. The complaint has been filed with malafide and dishonest intention and has not only concealed the material facts  from this Forum but has also twisted and distorted the same to suit their own convenience. It is submitted that complainant has acted in bad faith with respect to subject o of this complaint and has approached the Forum with unclean hands, hence in view of doctrine of clean hands “One who comes into equity must come with clean hands” the complaint deserves no fate other than out right dismissal ; that contract of insurance between the opposite party and the complainant is governed by its policy terms and conditions  . Thus the words in an insurance contract must be given paramount importance and interpreted as express without any addition, deletion or substitution and as such the complaint is liable to be dismissed ; that complainant has made up a false and concocted story and is trying to mislead  the Forum , therefore, the complainant is not entitled to any relief from this Forum. On merits facts narrated in the complaint have been specifically denied and a prayer for dismissal of the complaint with cost has been made.

3.       Opposite party No.1 duly served but none put in appearance on its behalf, as such opposite party No.1 was ordered to be proceeded against ex-parte.

4.       In his bid to prove the case Sh.Deepinder Singh, Adv.counsel for the complainant tendered into evidence duly sworn affidavit of the complainant Ex.C-1, copy of repudiation letter Ex.C-2, copy of order dated 19.12.2014 Ex.C-3, copy of insurance certificate Ex.C-4, copy of DDR Ex.C-5, copy of death certificate Ex.C-6, copy of panchayatnama Ex.C-7 and closed the evidence on behalf of the complainant.

5.       To rebut the aforesaid evidence Sh.Amit Bhatia,Adv.counsel for opposite party No.2 tendered into evidence copy of previous complaint Ex.OP2/1, copy of policy terms and conditions Ex.OP2/2, affidavit of Meenu Sharma Ex.OP2/3 and closed the evidence on behalf of opposite party No.2.

6.       We have heard the ld.counsel for the parties and have carefully gone through the record on the file.

7.       It is an admitted fact that mother of the complainant namely Mahinder Kaur obtained Insurance policy in dispute from opposite party No.2 through the office of opposite party No.2 , copy whereof is Ex.C-4. It is also not denied that Mahinder Kaur has now died and  complainant Mor  Singh is the nominee under the Insurance Policy as well as he is first class heir of the deceased being her son. Vide closure letter Ex.C-2 dated 6.5.2015, opposite party No.2 has filed the application for settlement of the claim on the ground that complainant has not produced the following documents :-

1. Provide gazztted/notary attested death certificate (as provided one is not attested).
2.      Gazztted/notary attested copy of  PM report.
3. Gazztted/notary attested copy of complete FIR (as provided one is not attested)
4. (1) Payee name of the insured (2) Account details for eft (neft mandate form and cancelled cheque).
5.    (1) Payee name of the nominee (2) NOC from the insured to the claim in the name of nominee (3) Account details for eft (neft mandate form and cancelled cheque) (4) legal heirs certificate/NOC of all legal heirs on court stamp paper with notarized stamp seal as per the encl format (fill up by the other legal heirs in family) signature of nominee (5) Documents (Pan Card/Photo ID,address proof, relationship proof and 2 colour photographs) in case of payment to nominee/legal heir.

8.       As it is the case of the complainant that no post mortem examination  of deceased Mahinder Kaur was undertaken , therefore, question of submitting  certified copy of the PM report, cannot be insisted. Remaining documents have already been produced by the complainant and copies whereof have already been supplied to the opposite party No.2 during the course of proceedings. Since the claim filed by the complainant was filed being “No claim” on the ground of non supply of certain documents, therefore, the claim case is required to be reopened by opposite party No.2. Opposite party No.2 is directed to settle the claim of the complainant within 15 days from the date of receipt of copy of this order and the complaint stands disposed of accordingly. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.

Dated: 27.7.2016                                                 (S.S.Panessar)                                                                                              President

/R/                                     (Anoop Sharma)                  (Kulwant Kaur Bajwa)

       Member                        Member