Present:       Proxy counsel for Shri Vikram Dhandga, Adv. for
                   DH.

Proxy counsel for Sh.Ashish Goyal,Adv. for JDs No.1 & 2. None for JD No.3.               

ORDER

                   This order shall dispose of the execution filed by the DH. It has been averred that the complaint filed by the complainant was decided by this Hon’ble Forum vide order dated 31.07.2017 and the following order was passed:

“It is admitted fact by the OPs No.1 & 2 that a life insurance policy was issued to the complainant (Rishi Pal since deceased) and after the death of Rishi Pal complainant/life assured, his legal heirs have become entitled to take the death claim under the said policy (i.e. Rs.5,00,000/-). Accordingly, the OPs are directed to process the claim of the complainants being the legal heirs of Rishi Pal life assured.”

Thereafter, the complainant/DHs requested the opposite parties/JDs  to comply with the order of this Hon’ble Forum but they did not pay any heed in complying the order of this Hon’ble Forum despite lapsing of period of 8 months.

2.                The opposite parties/JDs  filed objections stating therein that this Hon’ble Forum while disposing of the compliant had given the following directions:

“Accordingly, the OPs are directed to process the claim of the complainants being the legal heirs of Rishipal Life Assured as per terms and conditions of the policy. The required documents be also supplied by the LRs of Rishipal to the OPs for the claim under terms and conditions of the policy”.

 The LRs of the deceased Rishipal have never been supplied required documents to the opposite parties till date in order to process the claim. The insurance policy of Rishi Pal was in lapsed status as on the date of death of insured due to failure in payment of renewal premiums by the insured Rishi Pal. The insured Rishi Pal had not paid the renewal premium due on 16.12.2013 due to which the policy in question got lapsed. This Hon’ble Forum had directed the opposite parties to process the claim as per terms and conditions of the policy but the complainant/DH has filed the present complaint with unclean hands. Prayer for dismissal of the execution has been made.

3.                          Learned counsel for the appearing parties have been heard.

4.                          Perusal of the order dated 31.07.2017 passed by this Forum reveals that specific directions were given to the LRs of the deceased Rishi Pal to provide the required documents to the Opposite parties/JDs  to process the claim as per terms and conditions of the policy. The DH has filed the present execution petition on 30.04.2018 and thereafter the Opposite parties/JDs had filed the objections on 20.02.2019 wherein it has been clearly mentioned that the complainant has not provided the required documents to the opposite parties/JDs to process the claim as per terms and conditions of the policy. The complainant/DH has not even controverted this objection by producing any documents on the file to show that the required documents were ever supplied to the opposite parties/JDs. Since the complainant/DH has himself not complied with the order passed by this Forum. It was for the complainant/DH to provide the required documents to the insurance company but instead of this he had filed the present execution petition. Accordingly, the execution petition is hereby disposed of with a direction to the complainant/DH to provide the required documents to the insurance company as per directions given by this Forum vide order dated 31.07.2017 to process the claim as per terms and conditions of the policy. Copy of this order be supplied to the parties free of costs. File be consigned to the record room after due compliance.

                                      Member                          President,                      

                                                                             DCDRF, Bhiwani                                                                                        16.01.2020