Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 235
Instituted on : 13.05.2019
Decided on : 21.11.2022
Kamal Singh aged-54 years son of Raje Ram R/o Village and post office Ghasola, Tehsil and District Charkhi Dadri through Preeti Kulhari, LR of the deceased Kamal Singh.
………..Complainant.
Vs.
- Senior Divisional Manager, LIC of India, Rohtak Divisional Office, Sector-1, HUDA Rohtak.
- Manager, LIC of India, Branch Office Shayamji Complex, Delhi Road, Bahadurgarh, District Jhajjar.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR. VIJENDER SINGH, MEMBER.
Present: Sh.Anand Singh Dabas, Advocate for the complainant.
Sh.Samir Gambhir, Advocate for opposite parties No. 1 & 2.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case as per the complainant Kamal Singh(now deceased) are that he got insured his daughter named Renuka with the opposite party no. 2 vide policy no.176989461 with the date of commencement 28.08.2009, sum assured Rs.1,00,000/- under table term 165-20 and half yearly premium under the policy was to be paid in the month of February and August each year. The opposite parties agreed to provide risk cover of Rs.1,00,000/- in case of natural death and double the sum assured in case of accidental death. Complainant paid the entire due premium under the insurance policy to reap the benefits under terms and conditions of the policy. It is further submitted that on 04.01.2012 life assured i.e. complainant’s daughter died at home. Complainant being father and nominee under the insurance policy completed entire requirement for payment of insurance death claim and handed over all claims forms including insurance policy to opposite party no. 2 in 1st week of February 2012. Opposite parties assured that claim will be paid within a month. Thereafter complainant visited and requested many times to the office of opposite party no. 1 and 2 but neither any satisfactory reply was given nor any claim was paid to the complainant. It is further submitted that in the month of June 2015, opposite party no. 1 through opposite party no. 2 vide letter dated 10.06.2015 raised few objections and asked additional claim forms which complainant also gave in the office of opposite party no. 2. Thereafter opposite parties sought the same documents from the complainant many times. It is further submitted that complainant’s wife also died on 03.04.2000. The complainant is fully entitled to receive insurance death claim of his daughter amounting to Rs.100000/- plus vested bonus and interest but the same has not been paid by the opposite parties till date. The act of opposite parties is illegal and amounts to deficiency in service. Hence this complaint and it is prayed that opposite parties may kindly be directed to pay a sum of Rs.1,00,000/- as amount of claim covered plus vested bonus towards insurance death claim alongwith interest at the rate of 24% per annum from the date of death and also to pay Rs.50,000/- as harassment as well as Rs.10,000/- as litigation expenses to the complainant.
2. After registration of complaint, notice was issued to the opposite parties. Opposite parties No. 1 and 2 in their reply has submitted that alleged death date was 04.01.2012. Complainant has not submitted the intimation of the death in the year 2012 and further complainant has submitted the requisite documents on 09.04.2019. The complainant has not submitted the requisite documents with answering opposite insurance company before 09.04.2019, so the claim of the complaint was not processed by the answering opposite party insurance company. It is further submitted that without admitting the issuance of letter dated 10.06.2015 by the answering opposite party insurance company, it is submitted that letter dated 10.06.2015 described that the answering opposite party has intimated to provide the required documents. Complainant has not submitted the documents as submitted in letter dated 10.06.2015 before 09.04.2019. Required documents form and documents have been deposited by the complainant on 09.04.2019 and the claim is under consideration as per terms and conditions of the Policy. All the other contents of the complaint were stated to be wrong and denied and opposite party prayed for dismissal of complaint with cost.
3. Ld. Counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C7 and has closed his evidence on dated 10.12.2020. On the other hand, ld. counsel for the opposite parties No. 1 and 2 has tendered affidavit Ex.RW1/A thereafter opposite parties failed to conclude their evidence and as such evidence of opposite party closed by court order vide order dated 03.06.2022.
4. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
5. Initially the complaint has been filed by the complainant Sh. Kamal Singh s/o Sh. Raje Ram being the father of deceased Renuka. The date of commencement of policy is 28.08.2009 and sum assured is Rs.100000/-. As per the complainant life assured died on 04.01.2012 and they have submitted the required and requisite documents with the insurance company but the claim has not been paid till the year of 2015. Thereafter opposite parties vide letter dated 10.06.2015 have raised some objections and asked additional claim forms. As per complainant they have submitted all the required documents as demanded by the company vide their letter dated 10.06.2015 placed on record as Ex.C3. But the claim has not been disbursed by the opposite party. The mother of the LA Renuka, wife of Kamal Singh had already died on 03.04.2000. Complainant Kamal Singh also died on 27.07.2020. Hence an application for amended title was filed, as per which Smt. Preeti Kulhari is the sole legal her of Kamal Singh. In reply respondent has submitted that the required documents have been deposited belatedly by the complainant on 09.04.2019 and claim is under consideration as per terms and conditions of the policy and the complainant has not submitted the intimation of death in the year 2012. But no such document has been placed on record by the opposite party that the requisite documents have been deposited belatedly by the complainant. On the other hand, complainant vide his letter Ex.C6 has submitted that he had already completed each and every formality and deposited the documents twice. Firstly when he handed over the documents in the office of opposite party and secondly they handed over the documents to the agent of the company and also again submitted all the required documents on 04.04.2019. But despite that claim was not settled by the opposite parties. Hence there is deficiency in service on the part of opposite parties and opposite parties are liable to pay the claim amount to the complainant.
6. In view of the facts and circumstances of the case, we hereby allow the complaint and direct the opposite parties to pay the claim amount of Rs.100000/-(Rupees one lac only) as well as Rs.6000/-(Rupees six thousand only) as compensation and litigation expenses to the complainant within 45 days to the complainant, failing which opposite parties shall be liable to pay interest @ 9% p.a. on the awarded amount of Rs.100000/- from the date of decision till its realization to the complainant.
7. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
21.11.2022
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Nagender Singh Kadian, President
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Tripti Pannu, Member.
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Vijender Singh, Member.
