Punjab

Sangrur

CC/344/2017

Suminder Kaur - Complainant(s)

Versus

PNB Met Life India Insurance Co. Ltd. - Opp.Party(s)

Sh.Sumir Fatta

14 Nov 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR.

 

                                                               

                                                Complaint No.  344

                                                Instituted on:    18.07.2017

                                                Decided on:       14.11.2017

 

 

Suminder Kaur wife of Amrit Pal Singh, resident of H.No.3, Indra Colony, Street No.7, Sohian Road, Sangrur.

                                                        …Complainant

                                Versus

1.             PNB Met Life India Insurance Company Limited, Techniplex Complex-1, Unit No.101, 1^st Floor, Veer Savarkar Flyover, Off S V Road, Goregaon (West), Mumbai-400092 through its Branch Manager.

2.             Punjab National Bank, Branch Moonak, District Sangrur through its Branch Manager.

                                                        ..Opposite parties.

For the complainant  :       Shri Sumir Fatta, Adv.

For Opp.party No.1  :       Shri G.P.Sharma, Adv.

For Opp.Party No.2  :       Shri Parmod Saxena, Adv.

 

 

Quorum:   Sukhpal Singh Gill, President

                Sarita Garg, Member

                Vinod Kumar Gulati, Member

 

Order by : Sukhpal Singh Gill, President.

 

1.             Smt. Suminder Kaur, complainant (referred to as complainant in short) has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that the mother of the complainant namely Smt. Jagjit Kaur was having a saving bank account with the OP number 2 bearing number 0452000100207829 and she was allured by one Kritika Rani Agent of OP number 1 to invest in a policy, as such the mother of the complainant obtained the policy number 21774037 on 21.12.2015 with an annual premium of Rs.50,000/- for the period of 30 years and the premium paid period was 10 years and under the said policy the basic sum assured was Rs.3,50,000/-.  The grievance of the complainant is that the mother of the complainant Smt. Jagjit Kaur (referred to as DLA in short) died on 16.3.2017 and the complainant being the nominee under the policy approached the OPs for release of the death benefits, but the Ops failed to release the same.  Thus, alleging deficiency in service on the part of the Ops, the complainant has prayed that the Ops be directed to pay to the complainant the claim amount of Rs.3,50,000/-  along with interest @ 9% per annum and further claimed compensation and litigation expenses.

 

2.             In reply filed by OP number 1, legal objections are taken up on the grounds that the complainant has no cause of action to file the present complaint, that the complainant is not a consumer and that the complainant never lodged any claim with the Ops, as such any deficiency in service on its part does not arise at all.  On merits, it is stated that the policy in question was issued in the name of Mrs. Jagjit Kaur on the basis of proposal form submitted by her, but the remaining allegations levelled in the complaint have been denied in toto. It is further stated that the OPs have not received any death claim intimation/information from the complainant. Lastly, the OP has prayed for dismissal of the complaint with special costs.

 

3.             In reply filed by OP number 2, it is admitted that the DLA purchased the policy in question, but the remaining allegations in the complaint have been denied and prayed for dismissal of the complaint with special costs.

 

4.             The learned counsel for the complainant has produced Ex.C-1 to Ex.C-6 copies of documents and affidavit and closed evidence. On the other hand, the learned counsel for the OP number 1  has produced Ex.OP1/1 affidavit and closed evidence. 

 

5.             We have carefully perused the complaint, version of the opposite parties and evidence produced on the file and also heard the arguments of the learned counsel for the parties. In our opinion, the complaint merits part acceptance, for these reasons.

 

6.             It is an admitted fact between the parties that the DLA purchased the policy in question and the death of the DLA has also been admitted. Now, the case of the complainant is that despite submission of the intimation of the death of the DLA and other documents to the OPs, the Ops have not settled the claim of the complainant.  On the other hand, the stand of the OP number 1 is that the complainant never lodged any claim with the OPs nor gave any intimation about the death of the DLA, as such, any deficiency in service on the part of the OP has been denied in toto. In the circumstances, we feel that the ends of justice would be met, if the complainant is directed to first lodge the claim with the OP number 2 and submit the documents in support of his claim.

 

 

7.             Accordingly, in view of our above discussion, we allow the complaint partly and direct the complainant to submit the claim form along with the documents to the OP number 1 under proper receipt within a period of 15 days after the receipt of copy of the judgment and thereafter the OP number 1 shall decide the claim of the complainant within a period of thirty days of the submission of the documents by the complainant. It is made clear that if the complainant still remains unsatisfied after the decision of the OP number 1, it is open for the complainant to approach this Forum again, if so she desired.   In the circumstances of the case, the parties are left to bear their own costs.

 

8.             A copy of this order be issued to the parties free of cost. File be consigned to records.

                        Pronounced.

                        November 14, 2017.

 

                                                        (Sukhpal Singh Gill)

                                                                President

 

                                                             

                                       

                                                                (Sarita Garg)

                                                                    Member

 

 

 

                                                        (Vinod Kumar Gulati)

                                                                    Member