IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
Case no. CC/100/2016
Date of filing: 28-11-2016 Date of disposal: 10-11-2017
Complainant - Charmina Bibi, W/o Lt. Najmul Huda, Village – Jalalpur Tilpara,
PO – Jalalpur, PS – Beldanga, District – Murshidabad, W Bengal.
VS.
Opposite Parties – 1) Branch Manager,
Cholamandalam MS General Insurance Co. Ltd.
79/1, Pilkhana Road, Ground floor, Ranibagan, PO + PS – Berhampore,
District – Murshidabad, West Bengal.
2) The Manager,
Cholamandalam MS General Insurance Co. Ltd.,
Dare House, 02, NSC Bose Road, Parrys, Chennai – 600001.
Present : Sri Anupam Bhattacharyya, - President
Smt. Chandrima Chakraborty - Member
Sri Manas Kumar Mukherjee – Member
Sri Manas Kumar Mukherjee, Member.
This case has been filed by the complainant U/S 12 & 13 of C P Act’1986, praying for payment of policy amount of Rs. 3 lacs and compensation of Rs. 50,000/- for mental pain and agony, faced.
The case of the complainant, in brief, is that, the complainant’s husband, was a driver and had a insurance policy with the OP company, with a coverage of 3 lacs, for the period, on and from 01 – 03 – 2012 to 28 – 02 – 2015. The insured person died, consequent on a motor accident, on 13 – 11- 2012 and Samsergaunj P S Case Case no. 260 / 2012, dated 15 – 11 – 2012, was started.
The complainant, being the legal heir, filed an application for payment of the insured amount. After several attempts, the complainant, received, proper claim form, from the OP (s), on 03 09- 2013 and the complainant, submitted the form, duly filled in, to the OP (s), on 10 – 09 – 2013.
On 03 – 12 – 2013, the OP Company, sent a letter to the complainant, rejecting the claim of the complainant, on the ground, that at the relevant time, the husband of the complainant, had no valid license.
The complainant, further communicated with the OP (s), for realization of the insured amount, but inspite of assurance given, she did not receive her claim.
Subsequently, the complainant issued an advocate’s notice on 20 – 08 – 2015, but without any result.
Hence, the instant complaint has been lodged before this Forum.
The W/V filed by the OP, stated that that the complainant is not maintainable in its present form. The complaint is, again not maintainable for execution of defective parties, as Cholamandalam Investment and Finance Co. Ltd., has not been made a party to the case, alongwith other observations.
They further stated that the husband of the complainant did not have a valid driving license, at the relevant time, when the accident, occurred. The complainant did not inform, about the occurance of the accident to the OP no. 2, in proper time.
They further stated that the husband of the complainant, took a loan from Cholamandalam Investment and Finance Co. Ltd. for purchasing the vehicle and insured his life with a coverage of Rs. 3 lacs, with Cholamandalam MS General Insurance Co. Ltd., with an agreement to pay the insured amount, of Rs. 3 lacs, to Cholamandalam Investment and Finance Co. Ltd., in case of his death and on the basis of the strength of that agreement, Cholamandalam MS General Insurance Co. Ltd. had paid an amount of Rs. 3 Lacs, to Cholamandalam Investment and Finance Co. Ltd., on 21 – 12 – 2013, through cheque no. 449911, dated 23 – 12 – 2013, drawn on Standard Chartered Bank. The OP no. 2 has also submitted to the Court, that the complainant, has not submitted the concerned policy and has concealed the same, intentionally.
The complainant, on the other hand, questioned, about OP’s authority of attaching the Insurancy policy for settlement of the loan, taken. She further stated that, intimation was not given to her, about availing of loan, by her deceased husband.
The complainant also raised her doubt, about the inter company transfer.
The complainant further stated that a suit might have filed by the OP (s), for recovery of the loan, taken by her husband.
Points to be considered
- Whether the complainant is entitled to get relief, as prayed for.
Decisions with reasons
To prove the case, the complainant, has filed copies of relevant documents alongwith evidence – in –chief, in support of his complaint. The OP no. 2 has also filed W/V alongwith other relevant documents, in support of their statements.
Heard, both the parties, in full.
It is observed, from the documents, submitted to the Forum, that, Cholamandalam MS General Insurance Co. Ltd. has remitted an amount of Rs. 3 lacs, only to Cholamandalam Investment and Finance Co, Ltd., on 21 – 12- 2013, towards, full and final settlement of loan, taken by the husband of the complainant.
It is observed, that when the nominee / legal heir,of an insured person, becomes the recipient of the insured amount, consequent on the death of an insured person, he / she should take the responsibility of repaying any loan, if any, taken by the insured person, when he was alive, as per principle of natural justice.
Further, husband of the deceased, took the loan from Cholamandalam Investment and Finance Co. Ltd., for purchasing the vehicle and also insured his life, with a coverage of Rs. 3 lacs, with Cholamandalam MS General Insurance Co. Ltd, with an agreement of repaying the insured amount of Rs. 3 lacs, to Cholamandalam Investment and Finance Co. Ltd, in case of his death.
Hence,
ORDERED
that the Consumer Complaint no. 100/2016, is dismissed, without cost.
Let a copy of this order be made available and be supplied free of cost to each of the parties, on contest, by hand, under proper acknowledgement / be sent, forthwith, under ordinary post, to the concerned parties, as per rules, for information and necessary action.
