Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 521.
Instituted on : 03.10.2019.
Decided on : 24.06.2020.
- Karambir age 58 years s/o Karan Singh.
- Ms. Sonia d/o Karambir
Both resident of village –Makrouli Khurd Teh. & Distt. Rohtak.
………..Complainants.
Vs.
- State of Haryana through its Collector, Rohtak.
- District Social Welfare Officer, Rohtak.
- Sub-Divisional Magistrate (Nodel Officer), Rohtak.
- Insurance Company(to be disclosed by respondents No.1 to 3).
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. RENU CHAUDHARY, MEMBER.
MS. TRIPTI PANNU, MEMBER.
Present: Sh.Sanjit Kadian, Advocate for complainants.
Sh.Pardeep, ADA alongwith Mrs. Savitri for opposite
party No.1 to 3.
Opposite party No.4 given up vide order dated 15.11.2019.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Present complaint has been filed by the complainants with the averments that a Memorandum of understanding was executed between State of Haryana and respondent No.4 vide which the respondent no.4 will compensate the legal heirs of the bread earner in the family who died accidentally, to the extent of Rs.200000/-. Government of Haryana paid the premium against the policy covering all the citizens of Haryana on their behalf. On 30.07.2018 son of the deceased namely Rahul was driving the motorcycle with moderate speed and suddenly the deceased Nirmala(wife of complainant no.1) fell down from the motorcycle and she suffered fatal head injury and thereafter expired due to injuries sustained by her in the accident. She was bread earner in the family and due to her death, the complainants have suffered a great mental tension, harassment, pain and agony. The complainants duly submitted all the documents and requested the opposite parties to pay an amount of Rs.200000/- as insurance claim on account of death of Nirmala under Dr. Shyama Prasad Mukherjee Durghatana Sahayata Yojna. But after passing a sufficient long period, the officials of the respondents did not pay any insurance claim to the complainants. 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 an amount of Rs.200000/- alongwith interest. compensation on account of causing mental tension, harassment and as litigation expenses to the complainants as explained in relief clause.
2. After registration of complaint notice was issued to the opposite parties. Opposite parties No.1 to 3 in their reply has submitted that the complaint is not maintainable in this present Forum, as the same has not been filed as per rules & regulations of Dr. Shyama Parshad Mukherjee Durghatna Sahayata Yojna before the competent authority i.e. respondent no.2. Even complainants did not apply for compensation under the above scheme as per official records. As per notification dated 06.01.2018 of Social Justice and Empowerment Department claimant should file their claim before competent authority within time period alongwith required documents i.e. claim app. Form, Haryana Domicile certificate for proof of residence in Haryana, age proof of accident victims, aadhar card of accident victims and eligible relatives, copy of FIR, post-mortem report and death certificate etc. The complainants did not apply for the compensation under the above scheme before the respondent no.2. All the other contents of the complaint were stated to be wrong and denied. Opposite parties prayed for dismissal of complaint with costs. Opposite party No.4 was given up by ld. Counsel for the complainant vide his statement dated 15.11.2019.
3. Ld. Counsel for the complainants in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C12 and has closed his evidence on dated 10.01.2020. Ld. counsel for the opposite parties no.1 to 3 has tendered affidavit Ex.RW1/A, documents Ex.R1 to Ex.R2 and has closed his evidence on dated 11.02.2020.
4. We have heard ld. counsel for the parties and have gone through the material aspect of the case very carefully.
5. After going through the file and hearing the parties it is observed that as per the respondents, complainants have not applied for compensation under the above scheme as per official records and has not deposited the required documents. In view of the facts and circumstances of the case, it is observed that the complainants were not aware about the procedure to apply through proper channel. As such we hereby direct the complainants to submit the claim form alongwith requisite documents with the opposite parties and also to submit the same with the higher authority i.e. Director Social Justice and Empowerment Haryana and concerned ACS through proper channel within 15 days and in turn opposite parties are directed to settle the claim of the complainant within 45 days from the date of submission of documents by the complainant. Complaint is disposed of accordingly with the observation that in case, the complainant is not satisfied with the decision of the higher Authority, then he shall be at liberty to file the fresh complaint. Original documents/exhibits submitted by both the parties shall be returned to them and photocopy of the same be placed on record.
6. 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:
24.06.2020.
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Nagender Singh Kadian, President
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Renu Chaudhary, Member.
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Tripti Pannu, Member.
