Orissa

Jharsuguda

CC/109/2014

Mini Devi Poddar W/O- Late Suresh Kumar Poddar - Complainant(s)

Versus

Vijay Laxmi Automobiles - Opp.Party(s)

R.K.Sharma

13 Jul 2015

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER COMPLAINT CASE NO. 109 OF 2014

 

Mina Devi Poddar ( 44 Yrs.),

W/O- Late Suresh Kumar Poddar, Occu: Housewife,

R/O: Poddar Bhawan, Marwaripara, 

PO/PS/Dist: Jharsuguda,Odisha………………..……………………Complainant.

     

                                           

Versus

 

1. Vijay laxmi Automobiles,

Bye Pass Road, PO-Ekatali,Jharsuguda,

Dist: Jharsuguda, Odisha.

 

2. The Executive Officer,

Hero Good Life Programe Centre

Result services Pvt. Ltd., 8 Balaji Estate,

Guru Ravi Das Marg, Kalkaji,

Delhi- 110 019.

 

3. National Insurance Co. Ltd.,

L.T.G Building, 2^nd floor, Copernicus Marg,

Opposite Doordarshan Building,

New Delhi- 110 001.….….………………………..….…....….…...Opp. Parties.

 

Counsel for the Parties:-

For the Complainant                                  Shri R.K.Sharma, Adv. & Associates.

For the Opp. Party No.1 & 2                     None( Ex-parte).

For the Opp. Party No. 3                          Shri A.K.Mishra,Adv.

 

                                                 Date of Order: 13.07.2015

 

Present

 

                                                                                   1. Shri S.L.Behera, President.

                                                                                 2. Shri S.K. Ojha, Sr. Member.

                                                                                 3. Smt. A.Nanda, Member( W).

                                            

Shri S. K. Ojha, Sr. Member: - The complainant filed this against the O.Ps.as the O.Ps  did not settle the insurance claim. 

 

The brief facts of the complainant’s case is that, the complainant’s deceased husband during his life time became a member of “Hero Good Life Programme” which was covered under a Group Personal Accidental policy of Rs.1,00,000/- only  bearing policy No. 351804/ 42/09/820000001 on payment of premium paid to the insurance company through O.P.No.1( Authorized dealer of Hero Moto Corp.). The said policy was lunched by Hero company for those who purchase hero motor cycle from the authorized dealer which the complainant’s deceased husband had availed.  The complainant’s husband died on a road accident on dtd. 07.04.2011 living behind the complainant and three minor daughters.  The complainant intimated and submitted all the relevant documents for settlement of the insurance claim of her husband before the O.P.No.1 but she did not receive the insurance claim till date even after requesting several times in writing, hence this case.

The O.P.No.3 appeared through his counsel after being noticed and filed written version where the O.P.No.1 and 2 stand ex-parte even after providing sufficient opportunities. The O.P.No.3 admitted the fact of insurance policy of the insured and submitted that a policy vide No. 351804/ 42/08/8200000107 was issued infavour of the deceased Suresh Kumar Poddar for a period from 09.04.2009 to 08.04.2012 having Good Life passport No. MBLHA11EE99C26247 for a sum of Rs.1,00,000/- only under one Tailor made GPA Policy.  The O.P.No.3 also admitted that the insured has expired on dtd. 07.04.2011 and the O.P.No.3 received all the claim documents on dtd. 04.12.2014 and the claim has been settled on dtd. 30.12.2014 for a sum of Rs.1,00,000/- only paid to the complainant through NEFT/ RTGS payment and with denying all the allegation prayed for dismissal of the case.

 

Heard the matter and perused the case record along with materials available. The complainant after the death of her husband has submitted the relevant claim documents to the O.P.No.1 in the April’ 2011 which the O.P.No.1 has forwarded the same which received by the O.P.No. 3 on dtd. 04.12.2014 i.e. after a period of approximately 03 years and 08 months.  It clearly shows the extension of negligent attitude of the O.P.No.1. The O.P.No.3 after receiving the said documents has rightly settled the insurance claim within a period of one month.

The complainant along with her three minor daughters have harassed for a period of long three years and either months in requesting / approaching and submitting of required claim documents to the O.P.No.1.  The claim amount which the complainant received after such a long time, she could have managed to do for survival for her family in much better way very earlier. Such negligent attitude of O.P.No.1 entitled the complainant for compensation.

 

Hence the complaint petition is hereby allowed with direction to the O.P.No.1 to pay a sum of Rs.50,000/- ( Rupees fifty thousand) only towards harassment, mental agony including cost of the case within 30 (thirty) days from the date of receipt of this order, failing which interest @ 12% per annum shall be charged to O.P.No.1 till realization.     

            Accordingly the case is disposed of.

Order pronounced in the open court today the 13^th   day of July’ 2015 and copy of this order shall be supplied to the parties as per rule.

                                             I Agree.                       I Agree,                                                                                                

                                         

                               A.Nanda, Member (W)         S. L. Behera President         S.K.Ojha, Sr.Member       

                

                             Dictated and corrected by me

 

                                S.K.Ojha, Sr.Member