DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
PATIALA.
Consumer Complaint No. 306 of 4.8.2016
Decided on: 02/02/2018
1. Kamaljit Kaur w/o late Sucha Singh, aged 52 years (wife of deceased)
2. Ramanjeet Kaur d/o late Sucha Singh, aged 20 yers (daughter of deceased)
3. Harpreet Singh s/o late Sucha Singh, aged 19 years (son of deceased)
4. Harvinder Singh, minor s/o Such Singh, aged 18 years(son of deceased)
Residents of village Ram Nagar @ Navan Gaon, District Patiala now at village Dhainthal, Tehsil Samana, District Patiala.
…………...Complainant
Versus
United India Insurance Company Ltd. through its Branch Manager, Branch office at Samana-Patiala Road, Tehsil Samana, District Patiala.
…………Opposite Party.
Complaint under Section 12 of the
Consumer Protection Act, 1986.
QUORUM
Smt. Neena Sandhu, President
Smt. Neelam Gupta, Member
ARGUED BY:
Sh. H. K. Verma Advocate, counsel for complainants.
Sh. D. P. S. Anand Advocate, counsel for opposite party.
ORDER
SMT.NEENA SANDHU, PRESIDENT
- Complainants have filed this complaint under Section 12 of the Consumer Protection Act, 1986(hereinafter referred to as the Act) against the Opposite Parties (hereinafter referred to as the O.Ps.)
- The brief facts of the complaint are that deceased Sucha Singh was the owner of New Motor Cycle .The same was got insured from the OP vide policy No.1117043114P103787176 for the period from 8.8.2014 to 7.8.2015. It is stated that deceased Sucha Singh was also covered under personal accident policy, issued by the OP. Sucha Singh met with an accident on 18.5.2015 and died due to injuries suffered by him. Thereafter, the complainants applied for claim for the death of Sucha Singh being his legal heirs and submitted relevant documents with the OP. After verification of the documents submitted by the complainants, the OP issued a letter for producing the succession certificate. As per the terms and conditions of the policy, the production of succession certificate is not necessary except to produce the policy report and post mortem report of the deceased. Inspite of repeated requests the OP did not make the payment of the claim amount. The complainant also got served legal notice dated 20.5.2016 upon the OP, in reply to which the OP stated that without submitting the succession certificate the claim could not be processed. There is thus deficiency in service on the part of the OP which caused mental agony and physical harassment to the complainant. Hence this complaint with the prayer for giving a direction to the OP to release the entire insurance amount of Rs. one lac, death benefits and other bonuses alongwith interest @18% per annum from the date of death of Sucha Singh till its final payment. The OP may also be directed to pay Rs.50,000/- as compensation alongwith costs of the complaint. Any other relief which this Forum may deem fit may also be granted.
On being put to notice, the OP appeared and filed the written version taking preliminary objection that the complaint is not maintainable as the claim of the complainant is still pending due to non submission of documents by the complainant, inspite of regular reminders issued by the OP. The OP is still ready to settle the claim on submission of desired documents.On merits, it is stated that OP has issued motor cycle package policy for new motor cycle bearing engine No.78356, chassis No.79764 of Bajaj Make in favour of Sucha Singh s/o Hazara Singh, for a sum ofRs.47850/- for the period from 8.82014 to 7.8.2015. It is stated that the death of owner and driver was covered under personal accident insurance of Rs. One lac. It is denied that Sucha Singh met with accident on 18.5.2015 and died. In fact Sh. Harpreet Singh, intimated the loss to the OP on 13.7.2015 though the death had allegedly taken place on 18.5.2015, which amounted to violation of the term and condition No.1 of the policy, as the loss was to be intimated in writing, immediately after the accident. On receipt of the intimation of loss, the OP immediately deputed Sh. Ashok Kumar, Investigation, Patiala to investigate the case, who submitted his report dated 21.7.2015.The complainants were requested to submit the succession certificate of legal heirs of deceased from the competent court but the failed to supply the same inspite of various letters issued to them.The OP is still ready to settle the claim subject to furnishing of the desired documents. It is further stated that the police has not registered any case against the driver of Motor Cycle bearing No.PB-11-BP-8364 and simply registered DDR No.20 dated 19.5.2015, Police Station, City Samana. The legal notice got sent by the complainant was duly replied.There was no deficiency of service on the part of the OP. After denouncing all other averments made in the complaint, it was prayed to dismiss the complaint.
- On being called to do so, the ld. counsel for the complainants has tendered in evidence Ex.CA affidavit of complainant No.1 alongwith documents Exs.C1 to C9 and closed the evidence
The ld.counsel for OP has tendered in evidence Ex.OPA affidavit of Smt. Meena Kumar, Dy. Manager, Ex.OPB affidavit of Ashok Kumar, Investigator alongwith documents Exs.OP1 to OP6 and closed the evidence of the OP.
- We have heard the ld. counsel for the parties and have also gone through the record of the case, carefully
6. From the policy document Ex.C-1/ Ex.OP-1, it is evident that late Sh. Sucha Singh had taken a Motor Cycle/ Scooter Package Policy from the OP for his new motor cycle for the period from 08/08/2014 to 07/08/2015. He being the owner of the said motor cycle, was duly covered under personal accident cover for owner- driver for Rs. One lac. After the death of the life assured, the complainants being his legal heirs lodged the claim with the OP. But the OP asked the complainants to produce the succession certificate to get the claim amount. However, the OP has neither disclosed under which statute /provision of law, the complainants, who being the legal heirs of the life assured were required to produce the succession certificate nor has drawn our attention to any of the terms or conditions of the policy, whereby the legal heirs of the life assured were required to produce the succession certificate. No issue has been raised by the OP that the complainants are not the legal heirs of life assured. In this view of the matter, we are of the opinion that the OP can not be said to be right in demanding the succession certificate from the complainants to settle the claim. The OP has thus committed deficiency in service and is liable to pay the claim amount as per policy to the complainants in equal shares, subject to furnishing of affidavits by the complainants to the effect that they are the only legal heirs of the life assured. OP is also liable to pay compensation for the mental agony and physical harassment suffered by the complainant along with litigation expenses.
7. In view of the aforesaid discussion, we allow the complaint and Opposite party is directed in the following manner:
i) To pay the claim amount in equal shares to all the complainants as per the policy along with interest @ 7% per annum from the date of filing of the present complaint dt.04/08/2016 till realisation, subject to furnishing of affidavits by the complainants to the effect that they are the only legal heirs of the life assured.
ii) To pay Rs.10,000/- as the compensation to the complainants for the mental agony and physical harrasment suffered by them
iii) To pay Rs.5000/- as litigation expenses.
The OPs are directed to comply with the order within 45 days from the date of receipt of certified copy of this order. Certified copies of the order be sent to the parties free of cost under the rules. Thereafter, the file be indexed and consigned to the Record Room.
ANNOUNCED
DATED: 02/02/2018
NEENA SANDHU
PRESIDENT
NEELAM GUPTA
MEMBER
