Haryana

StateCommission

A/177/2014

RELIANCE GEN.INS.CO. - Complainant(s)

Versus

RAMMEHAR - Opp.Party(s)

.K.KANWAR

17 Mar 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                               First Appeal No.177 of 2014

Date of Institution: 11.03.2014

                                                               Date of Decision: 17.03.2016

 

Reliance General Insurance Company Ltd.,  through its Divisional Branch Manager, Bahadurgarh, District Jhajjar.

…..Appellant

Versus

 

1.      Rammehar S/o Raja Ram R/o Village Kundan,Tehsil and District Jhajjar, Haryana.

2.      Reliance General Insurance Company Limited, G Block, 2^nd Floor,Dhirubhai Ambani Knowledge City, Navi Mumbai-400710.

3.      District Social Welfare Officer Jhajjar.

4.      SCD ©, Jhajjar/Nodal Officer.

5.      District Manager Confed, Jhajjar.

                                      …..Respondents

 

CORAM:             Mr. R.K.Bishnoi, Judicial Member.

                             Mrs. Urvashi Agnihotri, Member.                                                                                                                                        

Present:              Shri U.K.Kanwar, Advocate counsel for appellant.

                             Shri Akashdeep Singh, Advocate counsel for the respondent No.1.

Mr. Gaurav Sharma, Advocate counsel for the   respondent No.2.

Respondent Nos.3 to 5 dispensed with vide order dated 10.04.2015.

 

                                                   O R D E R

R.K.BISHNOI, JUDICIAL MEMBER:

Complainant alleged that his son Satyawan died incidentally on 08.08.2008. Postmortem was also got conducted on 09.08.2009 in Civil Hospital, Jhajjar.  According to Haryana Govt. Scheme, the complainant was entitled for compensation of Rs.One lac, but, despite  completing all formalities of the opposite parties (O.Ps.), refused to pay the claim.  Thus there was deficiency in service on the part of the O.Ps.

2.      O.Ps. filed separate replies and O.P.No.1 alleged it did not have any connection with the contract specified by the complainant.  No MOU was signed with it. Objections about maintainability, suppressing the material facts etc. were raised and requested to dismiss the complaint. Thus there was no deficiency in service on the part of it.

3.      O.P.Nos.2 and 3 alleged that  accidental death of Satyawan was covered under Rajiv Gandhi Pariwar Bima Yojna from 28.03.2008 to 27.03.2009.  The claim file was already sent to M/s Reliance General Insurance Company by SDO (Civil), Jhajjar.  Thus O.P.Nos.2 and 3 were not liable to pay compensation to him.

4.      After hearing both the parties, learned District Consumer Disputes Redressal, Forum, Jhajjar (in short “District Forum”) allowed the complaint vide order dated 10.12.2013 and directed as under:-

“xxx we consider it proper to award a sum of Rs.1,00,000/- along with an interest @ 9% p.a. from the date of death of Satyawan i.e from 08.08.2008 till realization of final payment to the complainant to be paid by the respondent no.1.  the complainant is also entitled for a sum of Rs.2,000/- on account of litigation expenses for the present unwanted and unwarranted litigation only due to the deficiency in service on the part of the respondent no.1. the complaint stands disposed of accordingly.”

5.      Feeling aggrieved therefrom, O.P.No.1 has preferred this appeal.

6.      Arguments heard. File perused.

7.      The learned counsel for the appellant vehemently argued that neither it entered into any type of agreement with the complainant nor any MOU was executed.  Actually MOU was signed in between the Government and the Reliance General Insurance Company. When it was not having any concern with the insurance, the learned District forum wrongly fastened the liability upon it, so impugned order dated 10.12.2013 be set aside.

8.      This argument is devoid of any force.  It may be mentioned in the beginning that the appeal has been filed by Reliance Life Insurance Company Limited, whereas the complaint was filed against Reliance Insurance Company Limited only. So how they preferred the appeal against that order is not explained.

9.      Moreso, it appears that Reliance Life Insurance and Reliance General Insurance are working under the same group, but, with different nomenclature, which could not be known to an ordinary villager.  One can only indentify the party with the first name. 

10.    Moreso, in reply filed by the appellant, it is no where specifically alleged that MOU was signed in between the Government and the Reliance General Insurance.  It was simply alleged in preliminary objection that there was no contract in between it and complainant. When the denial is not specific it amounts to admission.

11.    Moreover, it was admitted by the representative of O.P.No.1 in his affidavit Ex.R-1 that Satyawan (since deceased) obtained insurance policy, this averment is contrary to the pleadings of the appellant.  Learned District Forum has discussed this very point in the impugned order dated 10.12.2013.  When a party is not coming with the clean hands, it is liable to face the consequences.  A person who seeks equity must do equity.  The learned District forum has taken into consideration each and every aspect from every angle and the impugned order cannot be set aside. So, the appeal is hereby dismissed. However appellant is at liberty to take steps to recover amount  from the Reliance General Insurance if already paid to complainant.

12.    With this observation, appeal is dismissed.

13.    The statutory amount of Rs.25,000/- and Rs.1,49,605/- deposited at the time of filing the appeal be refunded to the appellant against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

 

March 17th, 2016        Urvashi Agnihotri                                R.K.Bishnoi,                                                               Member                                              Judicial Member                                                         Addl. Bench                                        Addl.Bench                

S.K.