Punjab

Ludhiana

CC/16/585

Marotam Chopra - Complainant(s)

Versus

LIC of India - Opp.Party(s)

Suresh Kumar Adv.

01 Jun 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, LUDHIANA.

 

Consumer Complaint No.585 of 11.08.2016

Date of order          :   01.06.2017

 

Marotam Chopra son of late Shri Sukhdev Raj, resident of village Ajnali, Mandi Gobindgarh, District Fatehgarh Sahib.

Complainant

Versus

 

1.Life Insurance Corporation of India, Khanna, District Ludhiana through its Branch Manager.

2.Life Insurance Corporation of India, Divisional Office, Ludhiana through its Divisional Manager.

Opposite parties

 

COMPLAINT UNDER SECTION 12 OF THE CONSUMER PROTECTION ACT, 1986 

QUORUM:

SH.G.K.DHIR, PRESIDENT

SH.PARAM JIT SINGH BEWLI, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant            :         Sh.Suresh Kumar, Advocate

For OPs                         :           Sh.Surinder Singh, Advocate

 

PER G.K DHIR, PRESIDENT

 

1.             Father of complainant Sh.Sukhdev Raj obtained Life Insurance Policy No.302519282 from Op1 with date of commencement as 28.9.2013 for assured sum of Rs.2 lac by paying premium against receipt. Complainant was appointed as nominee by his father. Natural death of father of complainant took place on 5.5.2014 and thereafter, complainant lodged claim with Op1 for disbursal of amount of the policy. OP1 sent letter dated 14.8.2014 to complainant for demanding various documents, which were submitted. Each and every formality was fulfilled by the complainant, but despite that disbursal of the claimed amount has not taken place. Complainant personally visited the office of Op1 for requesting officials to disburse the claimed amount, but to no effect and as such, by pleading deficiency in service and undue mental harassment and humiliation, this complaint filed for seeking direction to OPs to disburse the claim amount of Rs.2 lac along with interest @12% per annum. Compensation for mental agony of Rs.1 lac, but litigation expenses of Rs.20,000/- more claimed.  

2.                In joint written statement filed by OPs, it is admitted that death of father of complainant took place, but it is claimed that copy of death certificate not supplied to OPs, despite issue of letter dated 14.8.2014 by them. So much so, reply to that letter even was not sent by the complainant. Admittedly, the complainant lodged claim with OP1 and thereafter, demand of documents consisting of original death certificate, copy of identity proof and residence proof etc., was put forth from the complainant vide letter dated 14.8.2014. Even forms No.3783 to 3786 were also required to be submitted by the complainant, but he has not submitted those documents at all and as such, complainant has not fulfilled the formalities required vide letter dated 14.8.2014. Complaint alleged to be pre-mature because claim of the complainant is still undecided due to non submission of the documents. This complaint alleged to be filed on false ground. 

3.                Complainant to prove his case tendered in evidence his affidavit Ex.PA and even tendered affidavit Ex.PB of Rajesh Kumar(friend of complainant)  along with documents Ex.C1 to Ex.C7 and thereafter, he along with his counsel closed the evidence. 

4.                On the other hand, counsel for Ops tendered in evidence affidavit Ex.RA of Sh.K.K.Arora, Manager Legal of OPs and thereafter, closed the evidence.

5.                Written arguments not submitted by any of the parties. Oral arguments alone addressed by counsel for parties and those were heard. Records gone through minutely. 

6.                Undoubtedly, the claim was lodged by the complainant with Ops and thereafter, letter Ex.C1 dated 14.8.2014 was issued by OPs to the complainant. Demand of documents consisting of original death certificate, submission of forms No.3783 to 3785 and 3816 as well as 3790 was sought by OPs from the complainant through Ex.C1. Those documents not shown to be supplied by the complainant to Ops and as such, certainly submissions advanced by counsel for OPs has force that fault lay with the complainant in not responding to the correspondence addressed by Ops to the complainant. In view of that fault on the part of complainant, he is not entitled to any amount of compensation for mental harassment or of litigation expenses.

7.                Ex.C2 and Ex.C3 are also the documents produced to show that policy in question was purchased in the name of Sh.Sukhdev Raj. Copy of death certificate of Sh.Sukhdev Raj produced on record as Ex.C4 for showing as if this death took place on 5.5.2014. Copy of Aadhar Card of policy holder Sh.Sukhdev Raj Ex.C5 and that of the complainant produced as Ex.C6. Complainant submitted application Ex.C7 with Manager of LIC of India, Khanna for calling upon him that he has traced the policy in question and he be intimated about the claim. Photostat copy of the policy and of death certificate were sent through letter Ex.C7 and as such, it is obvious that complainant is not aware of the compliance of the formalities of submission of documents sought through Ex.C1 and that is why, claim could not be processed. Ops have not denied for processing of the claim, subject to production of documents sought for through Ex.C1 and as such, complaint contended to be pre-mature. That submission of counsel for OPs has no force because so long as the claim of the complainant not adjudicated as per the terms and conditions of the policy by paying the due amount, complainant has continuous  cause of action for       filing the complaint. However, complainant has to comply with the formalities and on submission of the requisite documents alone, he is entitled to have adjudication qua his claim from Ops.

8.                Therefore, as a sequel of the above discussion, complaint allowed in terms that on submission of documents by complainant with OPs or their authorized representative within 15 days from the date of receipt of copy of this order, claim will be considered and decided within 40 days from the date of receipt of the documents. In case any amount found payable, then payment of the same must be made within 40 days from the date of the decision on the claim by OPs, failing which complainant will be entitled to interest @8% per annum on the adjudged amount (if any) from today till payment. No order as to costs. Copies of order be supplied to parties free of costs as per rules.

9.                File be indexed and consigned to record room.

 

                             (Param Jit Singh Bewli)                                 (G.K.Dhir)

                        Member                                                       President

Announced in Open Forum

Dated:01.06.2017

Gurpreet Sharma.