Haryana

Karnal

CC/61/2015

Dani W/o Sh. Mahinder - Complainant(s)

Versus

Royal Sundaram Alliance Insurance Company Limited - Opp.Party(s)

Vishal Turan

03 Oct 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.  

                                                              Complaint No. 61 of 2015

                                                             Date of instt. 01.04.2015

                                                               Date of decision:03.10.2016

 

Dani wife of late Shri Mahinder son of Shri Puran Singh resident of village Gohinda, Post Office Amupur, Tehsil Nissing, District Karnal.

 

                                                                         ……..Complainant.

                                                Versus

1.Royal Sundaram Alliance Insurance Company Limited, Sundaram Towers, 45 & 46, Whites Road, Chennai; 600014 through its Divisional Manager, Karnal,

2. Royal Sundaram Alliance Insurance Company Limited, registered office at 21, Patullos Road, Chennai-600002.

 

                                                                                 …………Opposite Parties.

 

                     Complaint u/s 12  of the Consumer Protection Act.

 

Before                   Sh.K.C.Sharma……….President.

                   Sh.Anil Sharma…….Member.

 

Present:-      Shri Vishal Turan Advocate for complainant.

                    Shri A.K.Vohra Advocate for opposite parties.

                                     

 ORDER:

 

                        This complaint has been filed by the complainant u/s 12 of the Consumer protection Act, 1986, on the averments that her husband Mahinder  (the deceased life assured) had purchased Group Personal Accident Insurance Policy from opposite parties, valid from 21.1.2013 to 20.1.2014 bearing Master Policy number PAWITAL001 and certificate number PAWITAL-001290023 and the sum assured was Rs.5,00,000/-. Her husband met with an accident on 3.7.2013 and he succumbed to those injuries on 4.7.2013 while admitted in the hospital of Parveen Garg at Karnal. Daily Diary Report no.10(A) dated 5.7.2013 was also entered in the record of Police Station  Nissing regarding the said accident. She gave intimation regarding the death of her husband to the opposite parties and submitted all necessary documents. However, the opposite parties prolonged the matter on one pretext or the other and the claim has not been decided so far. Such acts and conduct on the part of the opposite parties amounted to deficiency in service, due to which she suffered mental pain, agony and harassment apart from financial loss.

2.                Notice of the complaint was given to the opposite parties, who put into appearance and filed written statement controverting the claim of the complainant. Objections have been raised that the complaint is premature; that this forum has no territorial jurisdiction to entertain and decide the complaint; that the complainant has no cause of action to file the complaint; that the complaint is not maintainable and that there was no deficiency in service on the part of the opposite parties.

                   On merits, it has been submitted that the husband of the complainant was covered under the Group Personal Accident Insurance Policy. However, the complainant never made any claim for alleged accidental death of her husband till date. The allegations made in the complaint that opposite parties were informed is totally baseless. Therefore, the complaint is premature and is liable to be dismissed on this ground.

3.                In evidence of the complainant, her affidavit Ex.CW1/A and documents Ex.C1 to Ex.C6 have been tendered.

4.                On the other hand, in evidence of the opposite parties, affidavit of Aneesh Bhaskaran Ex.O1 and document  Ex.O2 have been tendered.

5.                We have appraised the evidence on record, the material circumstances of the case and the arguments advanced by the learned counsel for the parties.

6.                There is no dispute between the parties regarding the fact that deceased life assured had obtained one Group Personal Accident Policy from the opposite parties, which was valid for the period of 21.1.2013 to 20.1.2014. The complainant has alleged that the deceased life assured had met with an accident on 3.7.2013, as a result of which he sustained injuries and succumbed to those injuries on 4.7.2013. It has also been alleged that the intimation of death was given to the opposite parties and necessary documents were submitted. On the other hand, it has been submitted by the opposite parties that no intimation regarding death of the deceased life assured was given and no claim regarding death was lodged by the complainant.

7.                It is worth pointing out at the very outset that the complainant  in her complaint or affidavit has not disclosed as to on which date intimation of death of her husband was given to the opposite parties and on which date the claim was lodged by her. Even no claim number has been mentioned. No document has been produced, which may show that the claim was ever lodged by her with the opposite parties. In the absence of filing any claim by the complainant there could be no question of deciding the claim by the opposite parties. Therefore, the complainant has no cause of action and her complaint is premature.

8.                In view of the aforediscussed facts and circumstances, we are of the opinion that the complaint is premature. Accordingly, the complainant is directed to lodge the claim with the opposite parties within 30 days from the receipt of copy of this order and we further direct that the opposite parties would decide the claim of the complainant within 30 days of submission of the claim by the complainant. The complaint stands disposed off accordingly. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated: 03.10.2016

                                                                                      (K.C.Sharma)

                                                                                         President,

                                                                             District Consumer Disputes

                                                                             Redressal Forum, Karnal.

                             (Anil Sharma)

                               Member