Punjab

Sangrur

CC/603/2017

Manpreet Kaur - Complainant(s)

Versus

The New India Assurance Company Limited - Opp.Party(s)

Sh.S.P.Sharma

09 May 2018

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                             

                                                                   Complaint no. 603                                                                                        

                                                                    Instituted on:  14.11.2017                                                                                             

                                                                    Decided on:    09.05.2018

 

1. Manpreet Kaur widow of Gurmit Singh:
2. Yadwinder Singh son of Gurmit Singh:
3. Gurpreet kaur d/o Gurmit Singh all residents of village Balian, Tehsil Dhuri, District Sangrur ( Post Office PIN Code-148106 Via Longowal).   

 

                                                …. Complainants.    

Versus

1.         The New India Assurance Company Limited 87, M.G. Road Fort Mumbai 400001 through its  Regional Manager.

2.       The New India Assurance Company Limited Divisional  Office, Cinema  Road, Nabha  Tehsil Nabha, District Patiala through its Branch Manager.

3.       The Sangrur Central Co-operative Bank Head Office Patiala Gate, Sangrur through its Manager.

4.       The Sangrur Central Co-operative bank Branch Office, Kanjla Tehsil Dhuri, District Sangrur through its Branch Manager.

5.       The Balian M.P.C.A.S.S. Limited Balian Tehsil Dhuri, District Sangrur through its President.   

                                                  ….Opposite parties.

 

 

FOR THE COMPLAINANT:              Shri Harpreet Singh  Advocate                          

 

FOR THE OPP. PARTIES NO.1&2  : Shri Amit Bhalla, Advocate

 

FOR  OPP. PARTIES NO.3&4 :         Mrs. Pooja Bahaguna Advocate                           

 

FOR  OPP. PARTY NO.  5 :               Shri Amrit Singh.                           

 

 

 

 

Quorum

                            

Sukhpal Singh Gill, President

Sarita Garg,   Member

Vinod Kumar Gulati, Member

                 

 

ORDER:  

 

 

Vinod Kumar Gulati,  Member

 

1.             Manpreet Kaur, Yadwinder Singh and Gurpreet Kaur, complainants have preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that husband of complainant number 1 and father of complainant's number 2 and 3 namely Gurmit Singh  was consumer of OP no.5  having account number 350. The complainants being  legal heirs  and beneficiaries  of the deceased  have become  consumers of OPs and they are entitled  for the benefits of the policy which the amount was deducted  on the bags of fertilizers purchased by Gurmit Singh from OP no.5. Gurmit Singh met with an accident on 02.03.2016 and DDR no.12 dated 02.03.2016 was also lodged.  Thereafter the  complainants visited the office of OPs number 2 and 3 and submitted  their claim regarding insurance claim  of Rs.75000/-. The complainants  had visited the office of OPs so many times  to enquire  about the claim amount but the OPs put off the matter on one pretext or the other and finally issued a letter dated 08.08.2016 and claim of the complainant  had been wrongly declared as No claim.   Thus, alleging deficiency in service on the part of OPs, the complainant has sought following reliefs:- 

i)      OPs be directed to pay Rs.75000/- along with interest @18% per annum from the date of death i.e. 2.3.2016 till realization,  

ii)     OPs be directed to pay to the complainant a sum of Rs.50,000/- on account mental agony and harassment and  to pay Rs.5500/- as litigation expenses.

2.             In reply filed by the OPs no.1&2,  it is submitted there is no insurance of bag of fertilizer as has been alleged by the complainant. It is wrong that  the OPs deducted Rs.5/-  per bag of fertilizer. The OPs already  released the accidental  claim amount to the complainant after the decision of the complaint. It is submitted that said insurance policy is only relates to accidental insurance and has not issued for any fertilizer insurance as has been alleged in  the complaint.

3.             In reply filed by the OPs no.3 and 4,  it is submitted that Gurmeet Singh was having the saving account with Ops and he was entitled for the benefits of the policy which was deducted on  the bags of fertilizers purchased by Gurmeet Singh from the OP no.5  It is correct that  Gurmeet Singh having a KCC account  with OP no.4  which is only a shadow account where the transactions  related to short term agriculture loan are recorded by  the Op no.5. It is denied that the OPs no.3 and 4 sold the fertilizers.  The policy  is a risk covered policy which covered Rs.50,000/-  in case of accidental death and Rs.25000/- in case of partial / permanent disablement due to the reason of accidents.  The claim of the complainant was forwarded to OPs no.1 and 2  on  the date of 2.6.2016 vide dispatch number 1698 for settlement.  It is submitted that the  liability to settle  and payment of the claim as per rules and regulations was of the OPs no.1 and 2 not the OPs no.3 and 4.

4.             In reply filed by the Op no.5,  it is submitted that Gurmit Singh since  deceased was insured with OPs no.1 and 2 through OPs no.3 and 4.  It is submitted that  the name of Gurmit Singh son of Gurnam Singh is mentioned in membership list at serial number 253 having  Khata No.350, KCC No.350  and according to  the other list the name of Gurmeet Singh son of Gurnam Singh is also mentioned at serial number 343 as well as in ST loan members list the name of Gurmit Singh is also mentioned whereby it is clearly mentioned that Gurmit Singh was insured with the Ops no.1 and 2 on 28.09.2015. It is submitted that OP no.4 after getting all record  and information prepared the case of the claim and sent the same to the office of the OPs no.1 to 3.  OP no.5 provided all the record to the OP no.4  for claim of complainants and as such there is no fault on the part of the OP no.5 in settling matter.

5.     The complainant has tendered documents Ex.C-1 to Ex.C-4 and closed evidence. On the other hand, OPs have tendered documents Ex.OPs1&2/1 to Ex.OPs1&2/3, Ex.OPs3&4/1 to Ex.OPs3&4/3, Ex.OP5/1to Ex.OP5/2 and closed evidence.

6.             We have very carefully perused the pleadings of the parties and heard the arguments of the learned counsel for the parties. In our opinion, the complaint merits dismissal, for these reasons.  

7.             It is an admitted fact that  Gurmit Singh was the consumer of the M/s Balian M.P.C.A S.S Limited. It is further admitted that Rs.5/- had been deducted on 28.09.2015 towards insurance from the bank account number 183720010301121. It is also admitted that Gurmeet Singh was having KCC number 350 and Rs.5/- had been deducted towards insurance. The case of the complainant is that  Rs.5/- deducted by the OP no.5 per bag  of fertilizer i.e. Rs.5/- per bag was entitled for insured amount of Rs.75000/- in case  of death of person insured. The complainant in his complaint has admitted that they had filed complaint in District Consumer Disputes Redressal Forum, Sangrur for getting the claim against  the policy number 36150147152300000003 ( Group Janata Personal Accident Insurance Policy) issued to The Sangrur Central Cooperative Bank Limited on the account of death of  Shri Gurnam Singh and same has been allowed by the Forum. The complainant has failed to bring on the record, the policy under which  the claim of Rs.75000/- has been sought by the complainant. Moreover the Ops no.1 and 2 have stated in their reply that the said insurance policy is only relates to accidental insurance and has not issued for fertilizer insurance as has been alleged in the complaint. It is settled law that the person who does not come to the Forum with clean hands is not entitled to get any relief.

8.             Accordingly, in view of our above discussion and circumstances of the case, we dismiss the complaint of the complainant.  However the parties are left to bear their own costs. A copy of the order be supplied to the parties free of charge. File be consigned to records in due course.                      

                Announced

                May 9, 2018

 

 

 

                    (Vinod Kumar Gulati)   (Sarita Garg)   (Sukhpal Singh Gill)

                                                                                                                                                                                                                             

 Member               Member            President