ORDERS:
Charanjit Singh, President;
1 The complainants have filed the present complaint by invoking the provisions of Consumer Protection Act under Section 35 against the opposite party on the allegations that the husband of the complainant No. 1 namely Paramjit Singh was working and residing in Manglam Organic company, Kumbhivali, Maharashtra. The complainant Nos. 2 to 4 are the daughter and sons of the deceased Paramjit Singh and they also legal heirs of deceased and are made party being necessary parties. The husband of the complainant was having bank / branch of opposite party No. 1 and the complainant No. 1 is the nominee in his bank account. The husband of the complainant No. 1 became member of Government Insurance Plan under the name “Pardhan Mantri Suraksha Beema Yojna”. As per the plan the people in the age group of 18 to 70 years with a bank account pay a premium of Rs. 12 every years against the risk coverage of Rs. 2 Lakh, which is payable to the legal heirs/ nominee at the time of death of insured person or disability of the insured person to him. The opposite party No. 1 auto debited Rs. 12 every year from the bank account of the deceased Paramjit Singh as the premium towards the above said insurance plan. Insurance premium for 2021-22 was deducted on 29.5.2021 last deduction of Rs. 20/- was made on 26.6.2022 for policy period of 2022-23. From the perusal of bank statement of account the bank has mentioned 008455813 against every deduction of premium which may be the policy number but the name of insurance company is not given in the statement of account nor insurance policy was delivered individually to the deceased. Paramjit Singh was residing at the place of his work and on 21.10.2021 Paramjit Singh was not feeling well and resting in the store of the company in New Compar Plant. Then Anavadip Singh Mehra the colleague of the deceased Paramjit Singh went to store to know his wellness he noticed the deceased Paramjit Singh was not moving and was not giving any response. Then the colleagues of the deceased Paramjit Singh took Paramjit Singh in the ambulance and went to Dr. Khapoli were he declared dead. Then the body of the deceased Paramjit Singh brought to Khalapur Primary Health Centre and matter was also recorded to Police officials of Maharashtra and the post mortem of the deceased was conducted on 21.10.2021. As per the plan/ scheme of the insurance plan the legal heirs/ nominee of the deceased are eligible to get the insurance claim of Rs. 2 Lakh on the death of deceased. After the death of Lt. Paramjit Singh, the complainants requested the opposite party No. 1 many times to settle her claim but the opposite party No. 1 had not given any satisfactory reply to them. The complainants requested them to send the death claim of Late Paramjit Singh to the concerned insurance company for payment but the opposite party No.1 had neither bothered to send the death claim to the insurance company nor disclosed the name and branch of insurance company nor supplied any claim form inspite of numerous visits to the bank branch. Such like, attitude and conduct of the opposite party No. 1 has caused harassment, mental pain and agony because the complainants had already suffered great shock on account of untimely death of Paramjit Singh. The opposite party is automatically deducting the premium from the bank account and they are duty bound to settle the death claim of Paramjit Singh in favour of complainants and to get release the sum assured amount of Rs. 2 Lakh under Pradhan Mantri Suraksha Beema Yojna on account of death of husband of complainant No. 1 and father of complainants No. 2 to 4 and also to compensate the complainant for unnecessarily harassment and mental agony and financial loss suffered by them due to negligence and carelessness of the officials of the opposite party No. 1. The opposite party has acted in very unprofessional and negligent manner towards the complainant. The opposite party No. 1 has not disclosed the name of insurance company, as such, the insurance company will be impleaded as opposite party No. 2 on the disclosure by the opposite party No. 1. The complainant has prayed the following relieves:-
- The opposite party No. 1 be directed to disclose the name of insurance company and submit death claim of deceased Paramjit Singh to Insurance Company;
- The opposite party No. 1 be directed to get the claim of Rs. 2 Lakh alongwith interest of 12% p.a. till the realization of payment settled from the insurance company and pay the same to the complainant.
- The opposite party be directed to pay compensation of Rs.2 Lakh for causing harassment, mental tension and agony by its above acts of deficiency in service.
- Cost of complaint also be awarded against the opposite party.
Alongwith the complaint, the complainant has placed on record self attested affidavit of complainant Daljit Kaur Ex. CW1/A, Self attested copies of Adhar Cards of complainants Ex. C-1 to Ex. C-4, Bank statement of Account Ex. C-5, Letter submitted to bank Ex. C-6, Aadhar Card of deceased Paramjit Singh Ex. C-7, Police report under Section 174 Cr.P.C. Ex. C-8, Statement of Amanavadip Singh Colleague Ex. C-9 and translation in English Ex. C-10, Panchnama Ex. C-11, Post Mortem Ex. C-12, Forensic Lab Report Ex. C-13, Report of Department of Pathology Ex. C-14, Copy of Postal Receipt Ex. C-15.
2 Notice of this complaint was sent to the opposite party but no one appeared on behalf of opposite party and consequently, the opposite party was proceeded against exparte vide order dated 27.6.2023.
3 We have heard the Ld. counsel for complainant and have also carefully gone through the evidence and documents on the file.
4 The complainants have produced on record affidavit of Daljit Kaur complainant Ex. CW1/A and declared that the husband of the complainant No. 1 namely Paramjit Singh was working and residing in Manglam Organic Company, Kumbhivali, Maharashtra. The complainant Nos. 2 to 4 are the daughter and sons of the deceased Paramjit Singh and they also legal heirs of deceased and are made party being necessary parties. They further declared that Paramjit Singh was having bank / branch of opposite party No. 1 and the complainant No. 1 is the nominee in his bank account. Paramjit Singh became member of Government Insurance Plan under the name “Pardhan Mantri Suraksha Beema Yojna”. As per the plan the people in the age group of 18 to 70 years with a bank account pay a premium of Rs. 12 every years against the risk coverage of Rs. 2 Lakh, which is payable to the legal heirs/ nominee at the time of death of insured person or disability of the insured person to him. The opposite party No. 1 auto debited Rs. 12 every year from the bank account of the deceased Paramjit Singh as the premium towards the above said insurance plan. Insurance premium for 2021-22 was deducted on 29.5.2021 last deduction of Rs. 20/- was made on 26.6.2022 for policy period of 2022-23 and statement of account is Ex. C-5. From the perusal of bank statement of account the bank has mentioned 008455813 against every deduction of premium which may be the policy number but the name of insurance company is not given in the statement of account nor insurance policy was delivered individually to the deceased. Paramjit Singh was residing at the place of his work and on 21.10.2021 Paramjit Singh was not feeling well and resting in the store of the company in New Compar Plant. Then Anavadip Singh Mehra the colleague of the deceased Paramjit Singh went to store to know his wellness he noticed the deceased Paramjit Singh was not moving and was not giving any response. Then the colleagues of the deceased Paramjit Singh took Paramjit Singh in the ambulance and went to Dr. Khapoli were he declared dead. Then the body of the deceased Paramjit Singh brought to Khalapur Primary Health Centre and matter was also recorded to Police officials of Maharashtra and the post mortem of the deceased was conducted on 21.10.2021. As per the plan/ scheme of the insurance plan the legal heirs/ nominee of the deceased are eligible to get the insurance claim of Rs. 2 Lakh on the death of deceased. After the death of Lt. Paramjit Singh, the complainants requested the opposite party No. 1 many times to settle her claim but the opposite party No. 1 had not given any satisfactory reply to them. The complainants requested them to send the death claim of Late Paramjit Singh to the concerned insurance company for payment but the opposite party No.1 had neither bothered to send the death claim to the insurance company nor disclosed the name and branch of insurance company nor supplied any claim form inspite of numerous visits to the bank branch. He further contended that the opposite party is automatically deducting the premium from the bank account and they are duty bound to settle the death claim of Paramjit Singh in favour of complainants and to get release the sum assured amount of Rs. 2 Lakh under Pradhan Mantri Suraksha Beema Yojna on account of death of husband of complainant No. 1 and father of complainants No. 2 to 4 and also to compensate the complainant for unnecessarily harassment and mental agony and financial loss suffered by them due to negligence and carelessness of the officials of the opposite party No. 1.The opposite party No. 1 has not disclosed the name of insurance company and prayed that he present complaint may kindly be allowed.
5 The evidence led by the complainant on the file goes unchallenged and unrebutted as Opposite Party is proceeded against exparte in the present complaint and there is no reason on the file as to why the evidence produced by the complainant be not believed. Otherwise also, due notice was issued to the Opposite Party and opposite party did not appear in this Commission in order to contest the complaint which shows that the Opposite Party has nothing to say upon the allegations leveled against them by the complainant. The opposite party has not provided the name of the name of insurance company to the complainant and has not processed the claim of the complainant with the insurance company as such, the act of the opposite party amounts to deficiency in service as well as unfair trade practice.
6 In light of the above discussion, the complaint succeeds and the same is hereby partly allowed in favour of the complainant and against the Opposite Party. The opposite party is directed to disclose the name of the insurance company and submit the death claim of Paramjit Singh with the insurance company after receiving the requisite documents from the complainants, if required. The complainants have been unnecessarily harassed by the opposite party for a long time, therefore, the complainants are entitled to Rs. 10,000/- as compensation on account of harassment and mental agony and Rs 7,500/- as litigation expenses. Opposite Party is directed to comply with the order within one month from the date of receipt of copy of the order, failing which the complainants are entitled to interest @ 9% per annum, on the awarded amount, from the date of filing instant complaint till its realisation. Copies of the order be furnished to the parties as per rules. File is ordered to be consigned to the record room.
Announced in Open Commission
10.10.2024
