DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAS NAGAR (MOHALI).

Anita Rani W/o Nirpal Singh S/o Sh. Bharat Singh R/o of Village Balamgarh Alias Mandwara Tehsil and District Rupnagar.

                                                        …………...Complainant

                                Versus

The Manager, United India Insurance Company Limited, SCO No. 72, Second Floor, Phase-9, SAS Nagar (Mohali)

                                                        …………Opposite Party

Complaint under the Consumer Protection Act

QUORUM

                Hon’ble Mr.S.K.Aggarwal, President

                Hon’ble Ms. Paramjeet Kaur, Member       

Present:    None for the complainant .

                Sh.Narinder Kumar, cl for the OP.                    

ORDER                                           

The complaint has been filed by the complainant against the Opposite Parties (hereinafter referred to as the OPs) on the averments that the complainant is a widow of late Sh. Nirpal Singh.It is further averred that Punjab Government had launched Bhagat Puran Singh Sehat Bima Yojna for the welfare of beneficiary.It is further averred by the complainant that her husband died in vehicular accident and in this regard an FIR No. 0101 dated 13.12.2028 under section 279/304-A of IPC was registered at police station Singh Bhagwantpur District Rupnagar. It is further averred by the complainant that her husband had availed one insurance policy under Bhagat Puran Singh Sehat Bima Yojna through small card bearing No. 73051103876500006.The complainant has further alleged that she has filed claim regarding death of her husband to the OP and also submitted all the requisite documents but the OP has not given any claim to her.

Consequently, prayer has been made for issuance of direction to the OP to pay Rs.5,00,000/- as death claim of deceased Nirpal Singh to the complainant along with interest @ 12% per annum till its realization and Rs.50,000/- for mental agony and physical harassment and litigation expenses of Rs.10,000/-

6.             After hearing Ld. counsel for OP and having gone through the record carefully, it is found that the complainant could not establish on record that she reported the matter regarding the accidental  death of Nirpal Singh to the OP within stipulated period as per terms and conditions of Bhagat Pooran Singh Sehat Beema Yojna.  Ld. Counsel for the OP has further argued that the complainant has not lodged  any claim with the OP by submitting the claim form supported by FIR and police challan presented under Section 173 CrPC by the concerned police in the concerned trial Court, PMR of Nirpal Singh, Death Certificate of Nirpal Singh, Succession certificate issued by the competent authority as per law for the time being in-force and statement of MC or Headman of Village Balamgarh Alias Mandwara District Rupnagar qua the alleged accidental death of Nirpal Singh. It is found that the complaint filed by the complainant before this Commission is pre-mature. The complainant was required to submit requisite documents as per terms and conditions of the Bhagat Pooran Singh Sehat Beema Yojna to the OP but she has failed to prove the same.

7.              The plea of the complainant is that he requested the OP several times to settle  the death claim of Nirpal Singh but all in vain. Therefore, the complaint is within limitation. On the other hand, Ld. counsel for the OP could not controvert this plea of the complainant. Therefore, the present complaint is well within limitation.

8.             Consequently, keeping in view the entire facts and circumstances of this case, the present complaint stands disposed off with the direction to the complainant to approach the OP with all the requisite documents and thereafter the OP will decide the claim of the complainant within two months from the date of receipt of requisite documents.

9. The instant complaint could not be disposed off within stipulated period for want of quorum and due to heavy institution.

                Certified copies of this order be sent to the parties free of costs.   File be indexed and consigned to record room.

Pronounced

April 23, 2024

                        (S.K. Aggarwal)

                                                                President

(Ms. Paramjeet Kaur)

Member