By Sri. K. Gheevarghese, President:-

The complaint filed against the Opposite Party to return the documents received by the Opposite Party in compliance of the insurance benefits to the Complainant the wife of the deceased Muhammed Rafeeque.

2. The complaint in brief is as follows:- The Complainant's husband was a policy holder titled 'Pravacy Bharathiya Beema Yojana' and he was deceased due to heat stroke while working in Qatar. The claim of the Complainant for the assured sum of the insure was allowed by this Forum in C.C. No.122/2007 dated 26.02.2008. The Complainant had already deposited documents in original to the Opposite Party for the processing of the claim which consists of original death certificate, Form C- Registration of Death of Indian citizens from the Embassy of India, Certificate No. DOH/CONS/436/125/2007 from Embassy of India, Certificate from Ministry of Interior Public Security – State of Quatar, Visa cancellation report (Arabic), Certificate from Calicut Airport regarding arrival of body and Cargo airway bill of the Body – Bill No.38654961. The Opposite Party in pursuance of the order in C.C. No.122/07 deposit the ordered sum. Whereas the original documents which were given earlier to the Opposite Party were not given back. On request of the Complainant to the 2^nd Opposite Party it was informed to the Complainant that the documents are with the 1^st Opposite Party for the procuring of the same. The Complainant was directed to approach the 1^st Opposite Party. The Complainant sent authorised delegate to the office of the 1^st Opposite Party but the documents were not given back on one or other reasons. The dire need of the Complainant to produce the documents in Quatar for the workmen compensation the documents are highly necessary. The Complainant had to struggle enough from wandering from one place to other in request for the return of the documents.

3. There may be an order directing the Opposite Party:-

1. To return the original of the documents submitted before the Opposite Party.

2. Compensate the Complainant for the deficiency in service by the Opposite Party of Rs.1,00,000/-

3. To pay Rs.25,000/- towards the expenses and Rs.5,000/- towards cost.

4. The Opposite Party filed version in short it is as follows:- The Opposite Parties are the insurer of the deceased Refeeque the husband of the Complainant. The original documents received by the Opposite Party are to be retained in file since the claim was settled and the ordered sum was given to the Complainant. In order to substantiate the claim file the 2^nd Opposite Party is having the original documents and this Opposite Party is ready to deliver the documents through this Forum. The claim of the Complainant for compensation and cost are beyond any reasons. The complaint is to be dismissed with cost.

5. The points in consideration are:-

1. Whether any deficiency in service on the part of the Opposite Parties?

2. Relief and cost.

6. Points No.1 and 2:- The evidence in this case consists the proof affidavit of the Complainant, Ext.A1 to A7 are the documents produced for the Complainant. The oral testimony of the complainant is also considered. The Opposite Party admitted that the original documents consisting of original death certificate, Form C - Registration of Death of Indian citizens from the Embassy of India, Certificate No. DOH/CONS/436/125/2007 from Embassy of India, Certificate from Ministry of Interior Public Security – State of Qatar, Visa cancellation report (Arabic), Certificate from Calicut Airport regarding arrival of body, Cargo airway bill of the Body – Bill No.38654961 were accepted by the Opposite Party but which were not given back. The Complainant was in their need of producing these documents for the claim of the deceaseds husband in Qatar under workmen compensation. The Opposite Party retained the documents in file to substantiate it.

7. The documents are ready to be given and produced. In oral testimony of the Complainant it is deposed that the complainant had not gone to the office of the 2^nd OppositeParty in Chennai to get back the documents and more over the Complainant was informed to approach the 2^nd Opposite Party to get back the documents. Nothing is brought out in evidence to consider that considerable expense was there from the Complainant to get back the documents which were retained by the 1^st Opposite Party. According to the Opposite Party the documents are kept in their possession to substantiate the file and the amount was already given in compliance of order in C.C. No. 122/07. The documents included 1. Death certificate. 2. Form “C” form of Registration of Death Indian Citizens. 3. The certificate No. DOH/CONS/436/ 125/2007 from Embassy of India. 4. Certificate from Ministry of interior public security general administration. 5. Visa Cancellation report in Arabic. 6. Arrival of dead body certificate with details of the deceased and Cargo Air Waybill of the body 38645961 are filed by the Opposite Party that are directed to be given to the complainant. The travel of the Complainant to get back the documents does not elucidate compensation and cost and the Opposite Party have already deposited the amount ordered by this Forum and which was also accepted by the Complainant.

In the result, the complaint is partly allowed. The documents 1. Death certificate. 2. Form “C” form of Registration of Death Indian Citizens. 3. The certificate No. DOH/CONS/436/ 125/2007 from Embassy of India. 4. Certificate from Ministry of interior public security general administration. 5. Visa Cancellation report in Arabic. 6. Arrival of dead body certificate with details of the deceased and Cargo Air Waybill of the body 38645961 which are produced by the Opposite Parties are directed to be given to the Complainant. There is no order upon compensation and the parties have to bear the respective cost.

Pronounced in open Forum on this the day of 30^th September 2010.

Date of filing:13.07.2010.

PRESIDENT: Sd/-

MEMBER : Sd/-

MEMBER : Sd/-

A P P E N D I X

Witness for the Complainant:

PW1. Thahira Complainant.

Witness for the Opposite Parties:

Nil.

Exhibits for the Complainant:

A1. Copy of the Order (CC No.122/2007). dt:26.02.2008.

A2. Copy of the Letter. dt:09.10.2009.

A3. Copy of the Letter. dt:09.02.2009.

A4. Copy of the Letter. dt:03.07.2009.

A5. Copy of the Lawyer Notice. dt:11.03.2010.

A6. Letter. dt:24.03.2010.

A7. (marked with objection) Journey cum Reservation Ticket.

Exhibits for the Opposite Parties:

Nil.