District Consumer Disputes Redressal Commission, Aligarh

                                                Date of Institution : 22.12.2015

                                                            Date of final hearing:

                                                            Date of Pronouncement: 

Case No. 149/2015   

IN THE MATTER OF

Kamlesh Devi W/o Late Sri Satyveer Singh R/o Iktajpur Post Gonda Tehsil Iglas  Aligarh

                             (Through: Advocate Ved Prakash Sharma)

                                                         V/s

1. Bajaj Alliance Life Insurance Company Ltd.  Begpur, Kanjaula, Ramghat Road, Aligarh  
2. Manager, Bajaj Alliance Life Insurance Company Ltd, Vth floor Jal Palaza, Airport Road, Pune.

(Through: Advocate Diwakar Agrawal)

CORAM

 Present:

1. Shri Hasnain Qureshi, President
2. Shri Alok Upadhyay, Member
3. Smt. Purnima Singh Rajpoot, Member

PRONOUNCED by Shri Hasnain Qureshi, President

JUDGMENT

1. The present complaint has been filed by the complainant before this commission for  the following reliefs-

1. To direct ops to pay the complainant Rs. 800000/ with interest at the rate 18% per annum.
2. To direct ops to pay the complainant Rs. 5000/ for expenses incurred by her.
3. To direct ops to pay the complainant Rs. 10000/ for ligation expenses.
4. To direct ops to pay the complainant Rs. 50000/ as compensation for economic and mental sufferings,

2. The Complainant has stated that her husband Satveer Singh  was insured with the Ops and premium amount Rs. 10474/ was paid  with the assurance of assured sum Rs.700000/ and on death Rs.800000/ policy no. 0306014238 was issued. On 22.10.2013 insured had falling ill and he recived treatment community health center and died on 24.10.2013. Complainant is the nominee and she filed claim which was dismissed on 8.3.2014 with the remark that the insured had died on 25.09.2013 on account of cancer disease. The insured had died on 24.10.2013 and the claim was wrongly dismissed and it was wrongly alleged that the policy holder had died due to cancer disease.
3.  Ops denied the allegation made by the complainant and stated in WS that the matter was investigated by the independent agencies in submitted report collecting several documents. It was found that insured died on 25.09.2013.the death certificate submitted by the complainant was got verified by the Gram Panchyat Adhikari who endorsed the date of death 25.09.2013. the policy was commenced on 5.10.2013 and the policy was not effective on the date of death. The death certificate dated 20.11.2013 is forged and fictitious.
4. Complainant has filed his affidavit and papers  in support of his pleadings. Ops had also filed affidavit in support of their pleadings.
5. We have perused the material available on record  and heard the parties counsel.
6. The first question of consideration before us is whether the insurance policy was effective at the time of death of the policy holder?
7. Ops has filed report dated 7.12.2013 in regard to investigation conducted by the investigation agency where is death of the policy holder has been mentioned 25.9.2013 supported by the certificate of Gram panchyat Adhikari Iktajpur Block Gonda Annexure 3, certificate issued by Pradhan Gram Panchyat Iktajpur, Annexure 4,endrosment made by Gram Panchyat Adhikari Iktajpur Block Gonda issued by Gram Panchyat Adhikari Iktajpur Block Gonda  Annexure 5. Ops have also filed death certificate issued by the Registrar birth and death Gram Panchyat Iktajpur Block Gonda paper no 9ka/17.these documents clearly show that the policy holder had died on 25.09.2013 whereas the policy came effect on 5.10.2013 and thus the policy was not effective at the time of death of the policy holder. Accordly complainant is not entitled for any claim.
8. The question formulated above is decided in favour of the ops.
9. Keeping in view the facts of the present case, we hereby held that complainant is not entitled for any relief.thus the compliant is hereby dismissed.
10. A copy of this judgment be provided to all the parties as per rule as mandated by Consumer Protection Act, 2019. The judgment be uploaded forthwith on the website of the commission for the perusal of the parties.
11. File be consigned to record room along with a copy of this judgment.

                                                                         ( Hasnain Qureshi )

President

                                                                          ( Alok Upadhyay)

    Member