DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

BATHINDA

C.C. No. 80 of 19-03-2018

Decided on : 3-12-2021

1. Paramjit Kaur, aged about 25 years Widow of Sh. Sukhdeep Singh, D/o Sh. Mohinder Singh, R/o Village Kheowali, District Sri Mukatsar Sahib.

2. Shabnamdeep Kaur, aged about 3 years, minor daughter of Sukhdeep Singh through her mother and natural guardian Paramjit Kaur R/o Village Kheowali, District Sri Mukatsar Sahib.

   ........Complainants

Versus

1. National Insurance Co. Ltd., Divisional Office, 2089, The Mall, Bathinda through its Divisional Mnager

2. National Insurance Co. Ltd., Regd. Office, 3 Midedleton Street, Kolkata 700071, through its Managing Director (deleted vide order dated 27-3-18)

3. Jasvir Kaur W/o Sh. Kaur Singh, R/o Vill. Ghudda, Tehsil & Distt. Bathinda.

4. Kaur Singh S/o Sh. Gurcharan Singh, R/o Vill. Ghudda, Tehsil & District Bathinda.

.......Opposite parties

Complaint under Section 12 of the Consumer Protection Act, 1986

QUORUM

Kanwar Sandeep Singh, President

Sh. Shivdev Singh, Member.

Smt. Paramjeet Kaur, Member

Present

For the complainant : Sh. Jeevanjot Singh, Advocate

For opposite parties : Sh. M R Gupta, Advocate, for OP No. 1

OP No. 2 deleted.

Sh. Sukhdev Singh Sidhu, Advocate, for OP No. 3 & 4.

ORDER

Kanwar Sandeep Singh, President

1. The complainants Paramjit Kaur & another (here-in-after referred to as complainants) has filed this complaint U/s 12 of Consumer Protection Act, 1986 (Now C.P. Act, 2019, here-in after referred to as 'Act') before this Forum (Now Commission) against National Insurance Co. Ltd., and others (here-in-after referred to as opposite parties).

2. Briefly stated, the case of the complainants is that the husband of the complainant No.1, Sukhdeep Singh son of Kaur Singh, was insured with the opposite parties under Personal Accident Policy No. 4010004315810000436, having sum assured of Rs, 5 lacs. Sukhdeep Singh died in a motor vehicle accident on 07-12-2015 in the area of village Jai Singh Wala, Tehsil and District Bathinda. Postmortem of the deceased was conducted in civil hospital, Bathinda on 08-12-2015. Sukhdeep Singh died leaving behind the claimant as his widow, Shabnamdeep Kaur aged bout 1.1/2 years minor daughter who is now residing with complainant No.1 and Jasvir Kaur mother as his natural heirs and there is no other heir of Sukhdeep Singh. Due to untimely death of Sukhdeep Singh husband of the complainant No.1, the complainant No.1 was under shock and remained under stress and depression. After some time, when complainant No.1 came to know that Sukhdeep Singh was insured with the opposite parties under the aforesaid personal Accident Scheme, the complainant No.1 lodged insurance claim with the opposite parties vide claim No. 40100042158190000002 and submitted relevant documents and requested them to honour the insurance claim. The opposite parties vide their letter dated 06-05-2016 required the complainant No.1 to submit legal heirs certificate from concerned authority within 30 days from the date of issue of the letter. The complainant No.1 is an illiterate lady and has been running from pillar to post to know the authority, which shall issue the legal heir certificate. Thereafter complainant No.1 came to know that due to non furnishing of legal heir certificate, the opposite parties vide their letter dated 10-10-2016 have closed the file as “ No Claim”.

3. It is alleged that after lot of efforts, the complainant No.1 came to know about the procedure to get legal heirs certificate and she approached Tehsildar, Bathinda and filed an application for issuance of heirs certificate of the deceased Sukhdeep Singh and the Tehsildar Bathinda has issued the legal heirs certificate No. 1282/FK dated 12-05-2017. On 12-05-2017 the complainant provided copy of the said certificate to opposite party No.1 in its office at Bathinda along with letter dated 12-05-2017 and requested them to honour the lawful claim and the officials of the opposite parties assured the complainant No.1 to do the needful and to make payment of the issuance claim to her within a few days.

4. It is alleged that after submission of the copy of the legal heirs certificate, the complainant No.1 repeatedly approached the opposite party No.1 in its office at Bathinda, but the officials of the opposite party No.1 kept on putting the matter off under one or the other false pretext. The complainant No.1 also issued a letter to opposite party No.1 with a request to make payment of the aforesaid amount of insurance claim to the complainant No.1 under personal accident policy of the deceased husband of the complainant No.1 but to no effect, rather the opposite parties have failed to give any satisfactory reply to her till date.

5. It is also pleaded that complainant No.1 also requested the opposite parties that she has no objection if the amount of insurance claim is paid to all the three natural heirs of Sukhdeep Singh i.e. the complainant No.1 Paramjit Kaur widow, Shabnamdeep Kaur daughter and Jasvir Kaur mother in equal shares i.e. 1/3 share each, but the opposite parties failed to honour the claim of the complainant No.1, rather the same has been illegally and arbitrarily withheld by the opposite parties.

6. On this backdrop of facts, the complainant has prayed for directions to the opposite parties to pay claim amount of Rs. 5,00,000/- to complainant in addition to Rs. 1,00,000/- as compensation besides Rs. 11,000/- as litigation expenses.

7. Upon notice the opposite party No.1 put in appearance through counsel and contested the complaint by filing written reply. In written reply, the opposite party No.1 raised legal objections that complaint is not maintainable in its present form.

8. It is pleaded that deceased Sukhdeep Singh had purchased personal accident policy No. 4010004315810000436 for an insured sum of Rs.3,50,000/- from the answering opposite parties. The policy was valid from 23-06-2015 to 22-06-2016 and the deceased Sukhdeep Singh had nominated his father Kaur Singh as Nominee therein. Unfortunately the insured person i.e. Sukhdeep Singh died in an accident on 07-12-2015. After his death his father Kaur Singh submitted an affidavit dated 11-03-2016 duly attested by the Notary Public and lodged the claim. Subsequently Paramjit Kaur, the complainant also submitted an application which was received by opposite part No. 1 on 04-04-2016 and lodged the claim being alleged wife of the deceased Sukhdev Singh . The claim in question became disputed one and therefore, the answering opposite parties vide letter dated 06-05-2016 , 13-06-2016 and 05-08-2016 requested the both the claimants ( i.e. complainant Paramjit Kaur and Kaur Singh father of the deceased Sukhdeep Singh) to submit legal heirs certificate of the deceased from the concerned authority. But both the aforesaid claimants failed to produce any legal heirs certificate for a long period due to which the answering opposite parties had no alternative except to close the file as “ No Claim”.

9. It is further pleaded that on 17-08-2016 the complainant Paramjit Kaur submitted an application to opposite party No. 1 praying that she has deposited legal heirs certificate in the office of opposite party No. 1 and demanded needful action thereon. It was found that alleged legal heirs certificate was not issued by any competent court or legal authority. Hence, the complainant's claim could not be admitted . Thereafter, the opposite party No. 1 sent a final notice to both the claimants vide letter dated 13-09-2016 informing them to submit legal heirs certificate of the deceased from concerned authority within a period of 15 days failing which, the file will be closed as no claim. However, both the claimants failed to produce the required legal heir certificate within stipulated period. Hence, the opposite party No. 1 vide letter dated 10-10-2016 informed both the claimants that due to their failure to produce the requisite legal heirs certificate, the competent authority has closed their file as no claim. The opposite party No. 1 had given sufficient time and opportunities to the complainant to comply with the instructions, but she failed to do so.

10. Further legal objections are that the present complaint is bad in nature due to non-joinder of necessary parties; that the complainant has not approached this Commission with clean hands and she has concealed the true and material facts and willfully presented wrong and false facts; that the complainant is estopped to file this complaint due to her own act and conduct; that the present complaint is false and vexatious besides being time barred; that the complainant has no cause of action or locus standi and that the present complaint has been filed with malafide intention just to malign and cause financial loss to opposite party No. 1.

11. On merits, the opposite party No.1 admitted that the deceased Sukhdeep Singh was insured with opposite party No. 1 under Personal Accident Policy No. 4010004315810000436. However, the capital sum insured was Rs. 3,50,000/- and not Rs 5,00,000/- lacs as alleged by the complainant. It is also admitted that the insured person Sukhdeep Singh died in an accident on 07-12-2015. However, complainant's plea that the deceased Sukhdeep Singh was her husband, is denied for want of knowledge as well as for want of marriage certificate issued by the competent authority. The deceased Sukhdeep Singh had nominated his father Kaur in the present policy and after the death of Sukhdeep Singh Kaur Singh has also claimed the amount of insurance.

12. It is pleaded that complainant was informed that the alleged legal heir, certificate submitted by her was not a valid document as it was not issued by the competent court of law, therefore, opposite party No. 1 cannot act upon the same. Since, the claim had become disputed and the complainant failed to produce requisite legal heirs certificate duly issued by the competent court of law, the opposite party No. 1 had no alternative except to close the file as “ No claim” as per rules. The complainant is not entitled for any damage /compensation as she cannot blame opposite party No. 1 for her own failures, acts and conduct. After controverting all other averments, the opposite party No.1 prayed for dismissal of complaint.

13. On the statement of learned counsel for complainant, name of opposite party No. 2 was deleted from the array of the parties vide order dated 27-3-2018.

14. The opposite parties No. 3 & 4 also appeared through counsel and filed their written reply by raising legal objections that opposite parties and minor Shabnam Kaur are legal heirs of deceased Sukhdeep Singh and as such they are also entitled for compensation according to their share. Complainant wants to get the claim of deceased alone as such she did not made the opposite parties in the said complaint earlier. After admitting the other averments of the complainant, the opposite parties No.3 and 4, prayed for awarding the claim as per their share.

15. In support of their complaint, the complainants tendered into evidence affidavit of Paramjit Kaur dated 12-03-2018 ( Ex.C-1), photo copy of death certificate (Ex.C-2), photocopy of postmortem report containing 6 pages ( Ex.C-3), photocopy of letters ( Ex.C-4 to C-6), photocopy of legal heir certificate( Ex.C-7), photocopy of letters ( Ex.C-8 to C-13) photocopy of death certificate ( Ex.C-14) and closed the evidence.

16. In order to rebut the evidence of complainants, the opposite party No.1.tendered into evidence affidavit of Sunil Verma dated 02-05-2018 (Ex.OP1/1), photocopy of declaration ( Ex.OP1/2), photocopies of letters (Ex.OP1/3 to OP1/8) and closed evidence.

17. We have heard learned counsel for the parties and gone through the record.

18. In the case in hand, Personal Accident Insurance of husband of complainant Sukhdeep Singh and after his death claim filed by complainant with opposite party No. 1 is not disputed. The opposite party No. 1 repudiated/filed the claim as 'No Claim' vide letter dated 10-10-2016 (Ex. OP-1/8).

19. The plea of the opposite parties is that deceased Sukhdeep Singh had nominated his father Kaur Singh as Nominee in the said Insurance. Kaur Singh being nominee lodged the claim with the opposite party No. 1. The complainant Paramjit Kaur submitted an application to opposite party No. 1 and requested that she has deposited legal heirs certificate in the office of opposite party No. 1 and demanded needful action thereon. As per opposite parties, it was found that alleged legal heirs certificate was not issued by any competent court or legal authority. Hence, the complainant's claim could not be admitted . Thereafter, the opposite party No. 1 sent a final notice to both the claimants vide letter dated 13-09-2016 informing them to submit legal heirs certificate of the deceased from concerned authority within a period of 15 days failing which, the file will be closed as no claim. Since both the claimants failed to produce the required legal heir certificate within stipulated period, the opposite party No. 1 vide letter dated 10-10-2016 (Ex. C-11) informed both the claimants that due to their failure to produce the requisite legal heirs certificate, the competent authority has closed their file as no claim.

20. A perusal of file reveals that the opposite party No. 1 issued three letters to complainant i.e. dated 13-6-16 (Ex. C-8), 5-8-16 (Ex. C-9) and 13-8-16 (Ex. C-10) demanding legal heir certificate of deceased from concerned authority. The complainant has placed on file Legal Heirs Certificate dated 12-05-2017 (Ex. C-7) issued by Tehsildar, Bathinda wherein both the complainants i.e. Paramjit Kaur, Shabnamdeep Kaur and opposite party No. 3 Jasvir Kaur have been shown as legal heirs of deceased Sukhdeep Singh. The complainant has pleaded that she made repeated requests to opposite party No. 1 after submission of Legal Heirs Certificate to pay her genuine claim, but to no effect. The complainant has pleaded in complaint that she being an illiterate lady, has been running from pillar to post to know the authority, which shall issue the legal heirs certificate. Therefore, the reason behind the delay in submission of Legal Heirs Certificate is genuine. The opposite party No. 1 was duty bound to release the due amount to Legal Heirs after submission of Legal Heirs Certificate by complainants, but they failed to do so. The opposite party No. 1 withheld this claim amount without any justification. Hence, this act of the opposite party No. 1 amounts to deficiency in service on its parts.

21. So far as version of the opposite party No. 1 that deceased Sukhdeep Singh had nominated his father Kaur Singh as Nominee in the policy in question is concerned, although no record in this connection is placed on file by opposite party No. 1 but this Commission is of the considered opinion that nominee is the person who receives the amounts on behalf of legal heirs to hand it over to legal heirs. There is no evidence on file to prove that Kaur Singh is first class legal heir of deceased Sukhdeep Singh. In this way, Kaur Singh being not first class legal heirs of deceased Sukhdeep Singh is not entitled to any claim amount.

22. In view of above discussions, this complaint is partly accepted with Rs.10,000/- as cost and compenstion against opposite party No. 1 and dismissed qua opposite parties No. 3 & 4. The opposite party No. 1 is directed to pay the due claim amount with interest @ 9% p.a. w.e.f.19-3-2018 (Institution of this complaint) till payment to complainants No. 1 & 2 namely Paramjit Kaur, wife, Shabnamdeep Kaur, daughter, and opposite party No. 3 Jasvir Kaur, mother of deceased Sukhdeep Singh, in equal shares.

23. It is made clear that share of Shabnamdeep Kaur, minor daughter of deceased Sukhdeep Singh be deposited by the opposite party No. 1 in the shape of F.D.R. with auto renewal option in any Nationalized Bank and be paid to her after she attains the age of maturity.

24. The amount of cost and compensation be paid to complainant No. 1.

25. The compliance of this order be made by opposite party No. 1 within 45 days from the date of receipt of copy of this order.

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

27. Copy of order be sent to the parties concerned free of cost and file be consigned to the record.

    Announced :

    03-12-2021

    (Kanwar Sandeep Singh)

    President

     

     

    (Shivdev Singh)

    Member

     

    (Paramjeet Kaur)

    Member