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 husband insured 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 1186010577441 towards necessary remittance to the Opposite Party No.1.

2. The husband 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 31.05.2022 when 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 Amount of Rs.4,00,000.00 with Interest from the date of filing of the claim petition.

2. To pay Litigation Cost to the Complainant for conducting the case.

3. Any other reliefs.

5. Notices were duly served upon the both Ops but, the Op 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 an ex-parte order against the Op No.2.

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

8. While resisting the claim of the Complainant, the Op No.1 in its’ Written Version stated inter alia that this complaint is liable to reject because the Complainant did not filed 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 has failed to producethe copy of submitted Claim Form along with supporting Acknowledged documents as claimed in Paragraph No.5 of the Complaint. There is no claim denial/repudiation letter issued by the Op No.2, and the relevant Insurance Policy Documents which would speak for Sum Assured Value of Rs.4,00,000.00 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 Complainant has neither filed any documents in respect of her claim nor filed any bank statement in respect of auto deduction of such premium for the period/year in which her husband died i.e. on 10.10.2020. Rather, she produced a copy of bank statement towards auto deduction of premium amounting to Rs.68.00 on 18.06.2021 from Savings Bank A/c 1186010577441 of the deceased for the subsequent year of death. Hence, the Complainant has failed to establish the Element of Negligence and Gross Deficiency in Service on the part of the Opsin respect of her claim. Hence no relief.

6. Accordingly, both the points are decided against the Complainant.

7.  Thus, the complaint case does not succeed.

Hence, it is

        O R D E R E D

That the CC-146 of 2022 be and the same is dismissed on contest against Op No.1 and dismissedex-parte against the Op No.2. No order of costs is passed.

Let a copy of this judgment be provided to the Complainant and Op No.1 free of cost.

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.