Punjab

Sangrur

CC/115/2020

Banty Ram - Complainant(s)

Versus

United India Insurance Company Limited - Opp.Party(s)

Sh. Sumir Fatta

13 Sep 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SANGRUR .

                                                                         Complaint No. 115

 Instituted on:   24.02.2020

                                                                         Decided on:     13.09.2024

 

1.Banty Ram minor son of Late Gurdeep Singh @ Gurdeep Ram son of  Karnail Ram; under the guardianship of his grandfather Karnail Ram;

2.Santy minor son of Late Gurdeep Singh @ Gurdeep Ram son of Karnail Ram; under the guardianship of his grandfather Karnail Ram;

3.Karnail Ram son of Kesar Ram, all residents of Village Bimbar, Tehsil Bhawanigarh, District Sangrur 148001.  

                                                         …. Complainants 

                                                 Versus

1.             United India Insurance Company Limited, Branch Sangrur through its Manager, Railway Road, Sangrur.

2.             Punjab Health Systems Corporation, Phase VI, Mohali through its Managing Director 160011.

3.             State of Punjab through Deputy Commissioner, Sangrur.

                                                        ..Opposite parties.

 

 

For the complainants :       Shri Sumir Fatta, Adv.

For OP No.1              :       Shri Sanjeev Kumar, Adv.

For OP No.2&3         :       Shri Vinay Kumar Jindal, Adv.

Quorum                                          

Jot Naranjan Singh Gill,                 :President

Sarita Garg,                                     :Member

Kanwaljeet Singh,                           :Member

 

ORDER

JOT NARANJAN SINGH GILL, PRESIDENT.

 

1.             Complainants  have preferred the present complaint against the opposite parties on the ground that Gurdeep Singh @ Gurdeep Ram i.e. father of complainants number 1 and 2 and son of complainant number 3 was the member of Bhagat Puran Singh Sehat Bima Yojna, which was being run by OPs number 2 and 3 and the OP number 1 is the service provider under the said scheme, against which the OPs issued card bearing number 9305-3000-118-3968-9 under which a benefit of Rs.5,00,000/- was available in case of accidental death of card holder as per the scheme of the Punjab Govt.  It is further averred that no other terms and conditions of the policy were supplied to Gurdeep Singh @ Gurdeep Ram. Further case of complainants is that on 06.02.2019, Gurdeep Singh @ Gurdeep Ram, his wife Devi Rani @ Baby Rani and his minor son Jashan Ram @ Jashanpreet Singh met with an accident and died, of which FIR number 21 dated 06.02.2019 was  registered at police station Sadar Nabha u/s 304A/279/337/338/427 IPC. Postmortem of deceased Gurdeep Singh @ Gurdeep Ram was conducted at Civil Hospital, Nabha. Further case of complainants is that after the death of Gurdeep Singh @ Gurdeep Ram, the complainants remained under shock and trauma some time and  when the complainants in the month of July, 2019, were searching some documents, then they found the card issued by OPs number 2 and 3 and the complainants being the nominee and beneficiary lodged the claim with the OPs number 2 and 3 and on account of death of Gurdeep Singh @ Gurdeep on toll free number 104 of OP number 1 on 30.08.2019. Thereafter the surveyor of the OPs visited the complainants and demanded documents and apprised that the claim shall be settled soon. Though the complainants visited the OPs so many times for release of the claim amount, but the claim was not released despite serving of legal notice upon them. Thus, alleging deficiency in service on the part of the Ops, the complainants have prayed that the Ops be directed to pay to the complainants the claim amount of Rs.5,00,000/- along with interest and further claimed compensation of Rs.50,000/- and an amount of Rs.22,000/- was claimed as litigation expenses.

2.             In reply filed by OP number 1,  legal objections are taken up on the grounds that the complaint is premature, the complainants were asked vide letter dated 21.10.2019 to submit the legal heir certificate from Tehsildar, copy of pass book of bank account of legal heirs, claim form duly signed by legal heirs, that the complainants have no locus standi and cause of action to file the present complaint, that the complainants have not complied with the terms and conditions of the policy and that there is no deficiency in service or unfair trade practice on the part of the OPs. On merits, the allegations levelled in the complaint have been denied for want of knowledge. However, it is admitted that the surveyor appointed by the OPs approached the complainants, but they did not co-operate with the surveyor and failed to furnish the requisite information/documents as such the claim is under process as per letter dated 21.10.2019 delivered to the complainants. The complainants did not submit the legal heir certificate from Tehsildar, copies of passbook of bank account of legal heirs and claim form duly signed by the legal heirs. Since the complainants did not submit the required documents, as such claim is under process/pending. Lastly, prayed for dismissal of the complaint with special costs.

3.             Record shows that vide order dated 22.10.2021, it was observed that OPs number 2 and 3 are not interested to submit their written response as such their defence was struck off.

4.             The learned counsel for the complainants has produced Ex.C-1 to Ex.C-17 copies of documents and affidavit and closed evidence. On the other hand, the learned counsel for OP number 1 has produced Ex.OP1/1 to Ex.OP1/4 copies of documents and affidavit and closed evidence.

5.             We have gone through the pleadings put in by the parties along with their supporting documents with their valuable assistance. 

6.             At the outset, it is an admitted fact between the complainants and OP number 1 that Gurdeep Singh @ Gurdeep Ram was insured with the OP number 1  for Rs.5,00,000/- in case of accidental death. It is also not in dispute that Gurdeep Singh @ Gurdeep Ram on 06.02.2019 was died in an accident, as is evident from the copy of death certificate, which is on record as Ex.C-17 and  FIR number 21 dated 6.2.2019 u/s 304A,279,337,338,427 IPC regarding the death of the insured was also lodged at Police Station Sadar Nabha, a copy of which on record is Ex.C-3 wherein it has been clearly mentioned that the deceased died due to accident which took place on 06.02.2019. Ex.C-2 is the copy of Bhagat Puran Singh Sehat Bima Yojna card,  Ex.C-4 is the copy of post-mortem examination report of the deceased. Ex.C-9 is the copy of legal notice served upon the OPs on 30.01.2020 alongwith the copies of postal receiptsEx.C-10 to Ex.C-12. Ex.C-13 is the copy of letter sent to the OP vide which the counsel for complainants sent photocopy of passbooks of claimants and original affidavit of Karnail Ram on 18.6.2021. Ex.C-16 is the copy of application dted 15.12.2021 addressed to the Tehsildar, Bhawanigarh regarding the issuance of legal heir certificate. A pedigree table (Kursinama) was drawn at the back page of Ex.C-16 in which legal heirs of Gurdeep Singh @ Gurdeep Ram were mentioned. The pedigree table was duly stamped and signed by Tehsildar Bhawanigarh on dated 15.12.2021. Ex.C-15 is the copy of succession  certificate issued by the Court of Shri Prashant Verma, Civil Judge (Senior Division), Sangrur in favour of Banty Ram and Santy minor sons of Gurdeep Singh @ Gurdeep Ram and all this evidence is duly supported by the affidavit of complainant Karnail Ram, Ex.C-1.  On the other hand, the stand of the OP number 1 is that the complainant did not submit the succession certificate in favour of complainants, which is very much necessary for the settlement of the claim.   The disputed fact is only that the OP number 1 objected that the complainant has not produced on record the copy of succession certificate, which is very much necessary for just decision of the case.  In the present case, it is worth mentioning here that the succession certificate duly issued by the Court of Shri Prashant Verma, Civil Judge (Senior Division) Sangrur on 11.11.2020 is in favour of Banty Ram and Santy Ram (1/2 share each) and we feel that ends of justice shall be met if the insurance amount of Rs.5,00,000/- is paid to them in half share each as it is clear from the succession certificate Ex.C-15 that they are entitled for the 1/ 2 share each of the claim amount.  It is no doubt true that the said certificate was issued by the Hon’ble Court for release of the amount of Rs.4,00,000/- from Malwa Gramin Bank now Punjab Gramin Bank, Branch Majhi. Accordingly, we are of the considered opinion that this insurance amount of Rs.5,00,000/- is also payable in the same manner i.e. Banty Ram and Santy are entitled to get 1/2 share each of the above said amount.  As such, we find that in the present case, the complainants have sufficiently proved their case by producing cogent, reliable and trustworthy evidence on record and withholding of the amount of Rs.5,00,000/- by the OP number 1 is a case of clear cut deficiency in service on the part of OP number 1.

 

7.             In view of our above discussion, we allow the complaint and direct OP number 1 to pay to the complainants i.e. Banty Ram and Santy (minors) an amount of Rs.5,00,000/- in 1/ 2 share each i.e. an amount of Rs.2,50,000/- each along with interest @ 7% per annum from the date of filing of the complaint i.e. 24.02.2020 till realisation in full. We further direct OP number 1 to pay to the complainants an amount of Rs.10,000/- in 1/ 2 share i.e. Rs.5000/- each in lieu of compensation for mental tension, agony and harassment as well as litigation expenses. Since both the complainants are minor, therefore, OP number 1 is further directed that the shares of the minor complainants i.e. Banty Ram and Santy shall be deposited with some nationalised bank in the shape of FDR to be withdrawn on their attaining majority. The minors will not be required to get any fresh order from this Commission as and when they attained  majority. The bank will disburse the amount of FDR alongwith accrued interest to the minors of its own after getting the requisite documents pertaining to their age as and when they attained majority.

 

8.             This order shall be complied with by OP number 1 within a period of sixty days of receipt of copy of this order.

 

9.             The complaint could not be decided within the statutory time period due to heavy pendency of cases.

 

10.           Copy of this order be supplied to the parties free of cost. File be consigned to the records after its due compliance.      

                            Pronounced.

 

                          September 13, 2024.

 

 

           (Kanwaljeet Singh)  (Sarita Garg) (Jot Naranjan Singh Gill)

                  Member                       Member                  President