Before the District Consumer Disputes Redressal Forum, Amritsar.
Complaint No.449-14
Date of institution : 20.8.2014
Date of decision : 11.3.2015
Baljit Kaur widow of Balwinder Singh, resident of Village Nagoke, District Tarn Taran.
..............Complainant
Versus
The New India Assurance Company Limited, Hawrah Divisional Office-512200, Madhusudan Apartment (2nd floor ), P-18, Dobson Lane, Hawrah, through its Divisional Manager.
The New India Assurance Company Limited, registered & Head Office, 87, Mahatama Gandhi Road, Fort Mumbai – 400001 through its Chairman/Managing Director.
The New India Assurance Company Limited, 80 Court Road, Amritsar through its Divisional Manager.
The New India Assurance Company Limited, 117, The Mall, Amritsar through its Branch Manager.
...............Opposite parties
Complaint under section 12 & 13 of the Consumer Protection Act
Present : For the complainant : Sh.Deepinder Singh, Advocate
For the opposite parties : Sh.P.N.Khanna, Advocate
QUORUM : Sh.Bhupinder Singh, President, Sh.Anoop Sharma, Member and Ms.Kulwant Kaur Bajwa, Member
Order Dictated by :
Sh.Bhupinder Singh, President
Present complaint has been filed by Smt.Baljit Kaur under the provisions of Consumer Protection Act alleging therein that husband of the complainant Balwinder Singh was insured and covered under Group Janata/
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Gramin Personal Accident Insurance Policy No.4751220000468 by the opposite party No.1 for a period from 21.10.1997 to 20.10.2007 and the sum assured was Rs.7,00,000/-. The risk covered under the policy was accidental death. Sh.Balwinder Singh insured unfortunately met with an accident near Village Umra Nangal, P.P.Sathiala, P.S.Beas, Distt.Amritsar on 9.4.2007 in which he received multiple grievous injuries resulting into his death on 10.4.2007. The complainant gave due information to the insurance company regarding the death of Balwinder Singh insured and lodged claim. She submitted all the required documents demanded by the opposite party time to time. But till today, the opposite party has not paid the insurance amount to he complainant though 7 years have passed since the accidental death of her husband. The complainant has been approaching the opposite parties No.3 & 4 for the settlement and payment of claim, but all in vain. The complainant even received copy of a letter dated 2.9.2013 addressed to the Branch Manager of the company i.e.opposite party No.4 from the opposite party No.1 that payment should be made at their end due to the fact that the insured payment documents are available with their office. But even then no payment has been made so far. While alleging deficiency in service, the complainant has filed the present complaint seeking directions to the opposite parties to pay a sum of Rs.7,00,000/- alongwith interest at the rate of 12% p.a.from 10.4.2007 till realization. She has also demanded compensation of Rs.2,50,000/- alongwith litigation expenses.
On notice, opposite parties appeared and filed written version in which it was submitted that the allegations made out in the complaint have become infructuous because the opposite parties have already made payment of Rs.7,00,000/- to the complainant in her bank account with AXIS Bank through ECS. At present, the complaint filed by the complainant is
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without any cause of action because the opposite parties have already been made payment of Rs.7,00,000/- being the sum insured under the policy since long back in the month of June 2014 whereas present complaint has been filed in the month of August 2014 which clearly shows that the said payment was realized to the complainant without any protest and now the present complaint is not legally maintainable. While denying and controverting other allegations, opposite parties have prayed for the dismissal of the present complaint.
Complainant tendered his duly sworn affidavit ex.C-1, copy of the letter dated 2.9.2013 ex.C-2, copy of the policy documents ex.C-3, copy of claim intimation ex.C-4, copy of DDR ex.C-5,
Opposite parties tendered affidavit of Sh.Sukhdev Singh, Divisional Manager ex.OP1-4/1, copy of letter written by the opposite party to the complainant dated 20.10.2011 ex.OP1-4/2, copy of letter written by the opposite party to the complainant dated 5.9.2013 ex.OP1-4/3, copy of the police report dated 10.4.2007 ex.OP1-4/4, copy of translation of police report in English ex.OP1-4/5, copy of letter written by the complainant to the opposite party dated 5.9.2013 ex.OP1-4/6, copy of affidavit of complainant Baljit Kaur ex.OP1-4/7, copy of cancelled cheque pertaining to AXIS Bank ex.OP1-4/8, copy of statement of account showing payment of Rs.7,00,000/- made to Baljit Kaur ex.OP1-4/9, copy of voucher dated 5.6.2014 ex.OP1-4/10, copy of statement of account of Baljit Kaur from 1.5.2014 to 19.11.2014 ex.OP1-4/11, certified copy of the insurance policy with terms and conditions ex.OP1-4/12.
We have carefully gone through the pleadings of the parties, arguments advanced by the counsel for the parties and have appreciated the evidence produced on record by both the parties with the valuable assistance
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of the ld.counsel for both the parties.
From the record i.e.pleadings of the parties and the evidence produced on record by both the parties, it is clear that Sh.Balwinder Singh husband of the complainant was duly covered under the Group Janata/Gramin Personal Accident Insurance Policy No.4751220000468 issued by the opposite party No.1. The period of insurance was from 21.10.1997 to 20.10.2007 and the sum assured was Rs.7,00,000/-. The risk covered under the policy was accidental death besides other risks mentioned in the policy. Insured Balwinder Singh ( hereinafter called DLA ) met with an accident on 9.4.2007 and received multiple grievous injuries resulting in his death on 10.4.2007. Intimation/information was given to the opposite parties company regarding the death of Balwinder Singh. Claim was lodged with the opposite parties and all the documents required by the opposite parties were supplied to them but the opposite parties did not pay the claim amount to the complainant being widow of the DLA Balwinder Singh. Ld.counsel for the complainant submitted that all this amounts to deficiency in service on the part of the opposite parties.
Whereas case of the opposite parties is that no doubt, complainant lodged claim regarding death of DLA Balwinder Singh with the opposite parties on 28.5.2007 but matter remained pending on account of the involvement of different offices of the insurance company and non submission of documents by the complainant. Complainant herself in the month of December 2013 made request that her earlier Account No.49501000042538 had been closed for certain reasons by the banking authority. So, she requested that payment may be made in her Account No.912010060536290 with AXIS Bank. So, the amount of claim i.e.Rs.7,00,000/- was paid to the complainant on 6.6.2014 in the account of
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the complainant with AXIS Bank through ECS. Ld.counsel for the opposite parties submitted that there is no deficiency in service on the part of the opposite parties qua the complainant.
From the entire above discussion, we have come to the conclusion that DLA Balwinder Singh was insured with the opposite party vide insurance policy No. 4751220000468 ex.C-3. Said Balwinder Singh met with an accident on 9.4.2007 and received multiple grievous injuries as a result of which he expired on 10.4.2007. Complainant being widow of DLA Balwinder Singh gave information regarding death of DLA to the opposite parties and she also lodged claim with the opposite parties and this fact has been admitted by the opposite parties vide their letter dated 9.2.2013 ex.C-2 that complainant lodged claim with the opposite parties on 28.5.2007. Complainant supplied all the relevant documents to the opposite parties alongwith claim form but the opposite parties did not settle the claim of the DLA for more than 7 years. Opposite parties in their written version para 2 of the preliminary objection have admitted their fault that matter remained pending for such a long period on account of different offices of the insurance companies involved; as well as due to non submission of documents by the complainant. But the opposite parties could not produce any cogent evidence as to which documents necessary for the settlement of claim of the DLA were not supplied by the complainant to the opposite parties. So, all this shows that opposite parties delayed the claim case of the DLA for more than 7 years and ultimately paid the amount of insurance to the complainant on 6.6.2014 as admitted by the opposite parties in their written version para No.1 thereby the complainant being widow had to run from pillar to post to get the claim from the opposite parties on account of the death of her husband, for 7 years. All this amounts to deficiency in service on the part of the opposite parties qua the complainant as the complainant has received the amount of insurance from the opposite parties after more than 7 years.
Resultantly, present complaint is disposed of with directions to the opposite parties to pay compensation to the complainant to the tune of Rs.50000/-. Keeping in view peculiar circumstances of the case , parties are left to bear their own costs. Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room,
11.3.2015 ( Bhupinder Singh )
President
( Anoop Sharma ) ( Kulwant Kaur Bajwa )
Member Member
