NCDRC

NCDRC

RP/901/2012

SAHARA INDIA COMMERCIAL CORPORATION OF INDIA LTD. & ANR. - Complainant(s)

Versus

KHATUNI - Opp.Party(s)

MR. GAUTAM AWASTHI

20 Apr 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 901 OF 2012
 
(Against the Order dated 18/11/2011 in Appeal No. 963/2010 of the State Commission Haryana)
1. SAHARA INDIA COMMERCIAL CORPORATION OF INDIA LTD. & ANR.
Head Office at:- Sahara India Centra 2,Kapoorthala Complex, Aliganj
Lucknow - 226 024
U.P
2. The Branch Manager,
Sahara India,Sohana
Gurgaon
Haryana
...........Petitioner(s)
Versus 
1. KHATUNI
W/o Lt Sh Jafruddin, R/o Viilage Bai Ka Danda ( Roz Ka Meo)
Gurgaon
Haryana
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :MR. GAUTAM AWASTHI
For the Respondent :NEMO

Dated : 20 Apr 2012
ORDER

Petitioner was the opposite party before the District Forum.

        Husband of the complainant/respondent had taken a policy under Sahara Rajat Yojna of the petitioner Financial Corporation in the sum of Rs.7,000/- in terms of which, in the event of the accidental death of the account-holder after 4 years of the taking of the policy, petitioner was required to pay Rs.2 lakh to the nominee.  Husband of the respondent died in an accident on 18.6.2008, i.e., after 4 years of the taking of the policy and before the expiry of 10 years.  FIR was lodged.  Postmortem report showed that the respondent’s husband died in an accident.  Petitioner did not make the payment under the Scheme for more than one year.  Being aggrieved, respondent filed complaint before the District Forum.

        Petitioner, on being served, entered appearance and took the stand that since the respondent had not produced the Succession Certificate, petitioner was not liable to pay the amount.

        District Forum allowed the complaint and directed the petitioner to pay Rs.2 lakh to the respondent along with interest at the rate of 9% from the date of filing of the complaint till realization.  Rs.5,000/- were awarded by way of compensation and Rs.5,000/- as costs.

        Petitioner, being aggrieved, filed the appeal before the State Commission which was partly allowed.  State Commission directed the respondent to furnish the Succession Certificate or No Objection Certificate from all other legal heirs of the deceased.  On production of the Succession Certificate or No Objection Certificate from all other legal heirs of the respondent, petitioner was directed to release the insurance benefits to the respondent within 30 days with interest at the rate of 8% instead of 9% awarded by the District Forum.  The directions given by the District Forum with regard to the compensation was set aside and that regarding the costs was maintained.

        Counsel for the petitioner contends that the complaint was liable to be dismissed for non-joinder of the necessary parties; that the respondent did not implead the insurance company as a party respondent.  No such objection was taken by the petitioner in written statement.  Since this objection was not taken, petitioner cannot be permitted to argue this point for the first time before this Commission.  Dismissed.

        Petitioner is directed to release the insurance benefits to the respondent within 4 weeks from today with interest as per directions issued by the State Commission.  Petitioner would be at liberty to recover the amount from the insurance company, if permissible under law.

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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