Haryana

StateCommission

A/174/2015

LIFE INSURANCE CORP.OF INDIA - Complainant(s)

Versus

RENU - Opp.Party(s)

S.K.MAHAJAN

14 Feb 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

          

                                                                    First Appeal No  :   174 of 2015

Date of Institution:  23.02.2015

                                                                   Date of Decision:    14.02.2017

 

 

1.      Life Insurance Corporation of India through its Senior Divisional Manager, Divisional Office, Sector 17, Chandigarh.

 

2.      Branch Manager, Life Insurance Corporation of India, Branch Office, Fatehabad.

 

3.      Senior Divisional Manager, Divisional Office, Rohtak, SCO No.3,4,5, Sector 1, Rohtak.

 

                             Appellants-Opposite Parties No.1 and 2

 

Versus

 

1.      Renu wife of late Sanjay son of Shri Chand Ram, resident of Village Ramayan, Post Office Dhanderi, Tehsil Hansi, District Hisar.

Respondent-Complainant

 

2.      Mandeep, Agent/Intermediatory of opposite parties No.1 and 2 vide Code No.725-16E (Complete Particulars is to be disclosed by opposite parties No.1 & 2).

Respondent-Opposite Party No.3 

 

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Mr. Balbir Singh, Judicial Member.

                             Mr. Diwan Singh Chauhan, Member

 

 

Argued by:          Mr. S.K. Mahajan, Advocate for the appellant.

                             Mr. Pardeep Sehrawat, Advocate for the respondent-complainant.

                             (Service of respondent No.2 dispensed with vide order dated 28^th January, 2016)

 

                                                   O R D E R

 

 

NAWAB SINGH J. (ORAL)

 

          By filing this appeal, Life Insurance Corporation of India and its functionaries-opposite parties No.1 & 2 (for short, ‘LIC’) have challenged the order dated January 08^th, 2015 passed by District Consumer Disputes Redressal Forum, Fatehabad (for short, ‘District Forum’) whereby complaint filed by Renu-complainant was allowed.  LIC was directed to pay Rs.5,00,000/-, that is, sum assured alongwith interest at the rate of 6% per annum from the date of filing of the complaint, that is, September 04^th, 2013 and Rs.5000/- litigation expenses to the complainant. 

2.      Sanjay Kumar –since deceased purchased LIC’s Jeevan Saral (with profits) policy from LIC on November 28^th, 2010.  The sum assured was Rs.5,00,000/-.  On May 01, 2012 Sanjay fell from the electric pole.  He was brought to Sarvodya Hospital, Hisar where he succumbed to his injuries on May 21^st, 2012.  Death Certificate is Exhibit C-2. Renu Devi, his widow - nominee filed claim with the LIC.  The LIC repudiated the claim on the short ground that life assured did not disclose about the previous policies.  Renu Devi filed complaint under Section 12 of the Consumer Protection Act, 1986 before the District Forum.

3.      In the written version, LIC took the same plea that life assured did not close the material facts at the time of purchase of the policy.

4.      A perusal of paragraph No.2 of the written version filed by the LIC would therefore go to show that the policy No.178608273 in question was purchased on November 28^th, 2010 and policy No.178775121 on December 07^th, 2010.  Since the policy in question (Exhibit C-2) was purchased on November 28^th, 2010, that is, before purchasing of the policy No. No.178775121, so, question of concealment of the aforesaid policy, does not arise.  Thus, the order under challenge requires no interference.  The appeal is dismissed with cost of Rs.10,000/-.  

5.      The statutory amount of Rs.25000/- deposited at the time of filing the appeal be refunded to the respondent-complainant against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

 

Announced 14.02.017

(Diwan Singh Chauhan) Member

(Balbir Singh) Judicial Member

(Nawab Singh) President

UK