PRESENT: None for complainant Sh.Rajneesh Malhotra, Adv. for OPs. --- PER LAKSHMAN SHARMA, PRESIDENT Ms.Noorjot Kaur has filed this complaint under section 12 of the Consumer Protection Act, 1986 praying therein that OPs be directed to pay the sum insured of Rs.3,32,668/- along with interest. The complainant has further prayed that OPs be also directed to pay a sum of Rs.30000/- as compensation for mental agony and harassment besides Rs.11,000/- as costs of litigation. 2. In brief, the case of the complainant is that her father namely Sh.Ravinder Singh had obtained Insurance policy No.376560876 from OPs. Sh.Ravinder Singh died on 12.10.2008 due to Dengue Fever. Thereafter, the complainant submitted the claim with OPs but the same was repudiated on the ground that Sh.Ravinder Singh had concealed the factum of his previous ailment at the time of obtaining the insurance policy. According to the complainant, Sh.Ravinder Singh died due to dengue fever which could not have an earlier history of ailment. Therefore, the complainant got served a legal notice dated 09.01.2009 upon OPs but to no effect. In these circumstances, the present complaint was filed seeking the reliefs mentioned above. 3. In the reply filed by the OP, it has been pleaded that the complainant has no locus standi to file the present complaint as Sh.Ravinder Singh was just proposer of the insurance policy and the policy in question was taken for the coverage of risk of the complainant by Sh.Ravinder Singh. Thus, Sh.Ravinder Singh was not insured under the insurance policy but it is the complainant who herself is insured under the insurance policy. According to OPs, no cause of action has arisen to the complainant to file the present complaint as she is alive and her risk under the insurance policy will remain covered as long as she keeps paying the premiums for the insurance policy and adheres to the terms and conditions of the insurance policy which already stand supplied to her. In these circumstances, according to OP, there is no deficiency in service on its part and the complaint deserves dismissal. 4. We have heard the learned counsel for the OPs and have gone through the entire record including documents, annexures, affidavits etc. 5. Annexure C-1 is the copy of the insurance policy No.376560876 placed on record by the complainant herself. From the perusal of the said insurance policy, it is apparent that in the column of ‘policy holder/proposer’, the name of Sh.Ravinder Singh is mentioned and in the column of “life insured”, the name of Ms.Noorjot Kaur is mentioned meaning thereby that Sh.Ravinder Singh was just the proposer of the insurance policy in question and the risk of Ms.Noorjot Kaur-the complainant is covered. Therefore, the complainant has no right to file the present complaint to seek the benefits under the insurance policy against the person whose risk is not covered under the terms and conditions of the insurance policy. 6. Thus, the complainant has failed to make out a case of deficiency in service on the part of OPs. Hence, this complaint is dismissed with no order as to costs. The parties are left to bear their own costs. 7. Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room. Announced 29.01.2010.
| | , | HONABLE MR. LAKSHMAN SHARMA, PRESIDENT | , | | 
