Order dictated by:
Mr.Anoop Sharma, Presiding Member
1. Sh. Harvinderpal Singh Dhillon has brought the instant complaint under section 12 & 13 of the Consumer Protection Act, 1986 on the allegations that father of the complainant namely Sh.Balbir Singh Dhillon obtained life Insurance policy in the name of the complainant vide policy No. 17969519 dated 30.9.2010 by making annual premium of Rs. 70,000/-. The father of the complainant had paid Rs. 3,50,000/- in 5 years installments. Father of the complainant Sh. Balbir Singh Dhillon has died on 31.1.2015. After the death of Sh. Balbir Singh Dhillon, complainant being major opted for withdrawl of the aforesaid policy. The complainant made so many personal visits to the opposite parties and requested them to refund the amount of the policy alongwith interest , but the opposite parties did not adhere to the genuine requests of the complainant. Mother of the complainant namely Smt.Lakhwinder Kaur and sister namely Sarabjit Kaur have no objections if the amount of said policy is being released to the complainant. The complainant also served a legal notice upon the opposite parties requesting them to refund the amount of the policy, but to no avail. The complainant has sought for the following reliefs vide instant complaint:-
(a) Opposite parties be directed to refund the amount of the aforesaid policy to the tune of Rs. 3,50,000/- alongwith upto date interest @ 18% p.a. from the date of policy till realization ;
(b) Opposite parties be also directed to pay compensation to the tune of Rs. 20000/-.
(c ) Litigation expenses to the tune of Rs. 11000/- be also awarded to the complainant.
Hence, this complaint.
2. Upon notice, opposite parties No.1 & 2 appeared and filed written version in which it was submitted that the opposite party is ready and willing to refund the fund value amounting to Rs. 3,70,110/- in favour of the complainant, provided the complainant submits following documents to the opposite party:-
a. Identity proof & Adress proof of the complainant
b. Death certificate of late Balbir Singh Dhillon
c. Deed of relinquishment on Non Judicial Stamp paper of INR Rs. 200/-.
d. Legal heir certificate
e. A document from competent authority or succession certificate.
4. In his bid to prove the case Sh.Rajesh Bhatia,Adv.counsel for the complainant tendered into evidence duly sworn affidavit of the complainant Ex.C-1, copy of the policy documents Ex.C-2 and closed the evidence on behalf of the complainant.
5. To rebut the aforesaid evidence Sh. Ajay Shanker,Adv.counsl for the opposite parties No.1 & 2 tendered into evidence affidavit of Sh.Pankaj Khanna,Sr. Territory Manager Ex.OP1,2/A, Copy of proposal form Ex.OP1,2/1 and closed the evidence on behalf of opposite parties No.1 & 2.
6. We have heard the ld.counsel for the parties and have carefully gone through the record on the file.
7. There is no denying the fact that father of the complainant namely Sh. Balbir Singh Dhillon purchased Life Insurance policy bearing No. 17969519 dated 30.9.2010 in the name of the complainant from the opposite parties on payment of premium to the tune of Rs. 70,000/-. The case of the complainant that his father remained paying the premium of aforesaid policy upto 5 years and had paid Rs. 3,50,000/-. Father of the complainant Sh. Balbir Singh Dhillon had died on 31.1.2015 and after the death of Sh. Balbir Singh Dhillon, complainant requested the opposite parties to refund the amount of the policy alongwith upto date interest as he was in dire need ofmoney, but till date no action has been taken by the opposite parties.
8. But, however on the other hand , it was the case of the opposite parties that opposite party is ready and willing to refund the fund value amounting to Rs. 3,70,110/- in favour of the complainant provided the complainant submits certain documents in favour of the opposite parties :-
a. Identity proof & Adress proof of the complainant
b. Death certificate of late Balbir Singh Dhillon
c. Deed of relinquishment on Non Judicial Stamp paper of INR Rs. 200/-.
d. Legal heir certificate
e. A document from competent authority or succession certificate.
9. It is none of the case of the complainant that he has supplied those documents at the time of submitting his claim before the opposite parties. Consequently , complaint is disposed of with the directions to the complainant to supply Identity proof & Address proof of the complainant Death certificate of late Balbir Singh Dhillon &Deed of relinquishment on Non Judicial Stamp paper of INR Rs. 200/- within fifteen days of the receipt of the copy of order. However, the demand of the opposite party regarding submission of Legal heir certificate, document from competent authority or succession certificate is declined by the Forum. However, the opposite parties are directed to release the fund value amounting to Rs. 3,70,110/- to the complainant within a further period of one month on receipt of requisite documents from the complainant. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.
Announced in Open Forum
Dated: 3.2.2017. ( Anoop Sharma) Presiding Member
( Rachna Arora )
Member
