Ld Advocates for complainant and OP1 are present. Judgement is ready and delivered in open Commission.

BY - SRI.SAURAV CHANDRA, MEMBER

1. Brief facts of the Complainant’s case are that the Opposite Party No.1 is a Nationalized Bank through whom the Complainant’s fatherinsured his life under the United Suraksha Yojna with the Opposite Party No.2 by way of auto deduction of premium from his Saving Bank A/c 1186010436847 towards necessary remittance to the Opposite Party No.1.

2. The father of the Complainant died in a Motor Accident on 10.10.2020 and the Complainant being the registered nominee lodged insurance claim with all relevant papers before the Op No.2 but, they did not settled the claim.

3. Therefore, the Complainant prefers to move before this Commission for necessary redressal.

4. The cause of action of this case arose on and from 31.05.2022when the Op No.2 refuses to make payment by settling the claim of the Complainant.

The Complainant therefore prays for 

1. To pay the Claim Amountof Rs.1,00,000.00 with Interest from the date of filing of the claim petition.

2. To pay LitigationCost to the Complainant for conducting the case.

3. Any other reliefs.

5. Notices were duly served upon the both Ops but, theOp No.2 has preferred to see that the case be decided ex-parte against it.

6. Under the above circumstances, the Complainant has prayed for anex-parte order against the Op No.2.

7. TheOp No.1 has contested the case by submitting Written Version against the complaint.

8. While resisting the claim of the Complainant, the Op No.1in its’ Written Version stated inter alia that this complaint is liable to reject because the Complainant did not file any documents before the Op No.1 to establish his claim and therefore not liable to pay the loss of the Complainant as claimed in this case.

9. Under the above Op No.1 prays for dismissal of the present case with cost.

10. Points for determination are:

1. Is the case maintainable in its present form and in law?
2. Is the Complainant entitled to the relief(s) as sought for?

11. Decision with reasons

1. Both the points I and II, being inter related to each other, are taken up together for discussion for sake of brevity and convenience.

2. We have carefully perused the material on record including Complaint on Affidavit, List of submitted documents dated: 01.11.2022, Written Version of the Op No.1 alongwith all related papers and documents.

3. Having regards had to the facts and circumstances of the case in the light of evidence, it is evident that there is no dispute that Complainant is a consumer having grievances against the Ops, as such the case is maintainable in its present form and in law.

4. In the instant case, this Complainant failed to produce the copy of submitted Claim Form along with supporting Acknowledged documents as claimed in Paragraph No.5 of the Complaint.Neither this Commission find any claim denial/repudiation letter issued by the Op No.2, nor the relevant Insurance Policy Documents which speaks for Sum Assured Value of Rs.1,00,000.00 as claimed in the Paragraph No.10 of the Complaint.

5. It is evident from the Paragraph No.11and 13 of Written Version filed by Op No.1 as well as Bank Statement,the Op No.1 duly received the premium of Rs.17.00 on 29.06.2020 in respect of the said claim by way of auto deduction from Savings Bank A/c 1186010436847 of the deceased.Hence, the Complainant has fails to establish the Element of Negligence and Gross Deficiency in Service on the part of the Opsin respect of his claim.

6. However, considering the genuineness of the accident case vide submitted documents likethe copy of GD, FIR, Police Report, Charge Sheet, Seizure List, Post Mortem Report, Bank Statement, Nomination Registered Papers etc.,liberty is given to theComplainant to file the Claim Form along with supporting documents afresh for necessary settlement by the Ops within 60 days in total from the date of submission of claim form.

7. Accordingly,both the points are decided accordingly.

Hence, it is

        O R D E R E D

That the CC-145 of 2022 be and the same isallowed in part ex-parte against the Op No.2 and dismissed on contest against Op No.1.

The Complainant would be at liberty to file the Claim Form within 30 days from this order along with supporting documents afresh for necessary settlement by the Op No.2 within 60 days in total from the date of submission of claim form.

Let a copy of this judgment be provided to all the parties free of cost expeditiously upon compliance of all legal formalities. The judgment be uploaded forthwith on the website of the Commission for the perusal of the parties.

File be consigned to record section along with a copy of this   judgment.