ORDER :

1. Present appeal is filed against order dated 28.11.2017 passed by Learned DCF/DCC in consumer complaint No.09/2017 titled Smt. Achhari Devi & Ors Versus Oriental Insurance Company Ltd. & Others.

Brief facts of consumer complaint:

2. Complainants namely Smt.Achhari Devi, Sh. Daleep Singh, Sh. Shyam Singh, Ms. Chamba Devi and Ms. Anjana who are legal heirs of deceased Rumel Singh filed consumer complaint under Consumer Protection Act pleaded therein that deceased Rumel Singh R/o Village Thall Post Office Thakrimatti Tehsil Salooni District Chamba H.P. was having saving bank account No.99031300302390 with Himachal Pradesh Gramin Bank (HPGB) branch Sundla Tehsil Salooni District Chamba H.P. It is pleaded that deceased Rumel Singh got Pradhan Mantri Suraksha Beema Yojna (PMSBY) policy i.e. Prime Minister Safety Insurance Scheme Policy from Oriental Insurance Company Ltd. i.e. Opposite party No.1 through opposite party No.2 i.e. Himachal Pradesh Gramin Bank (HPGB) Branch Sundla Tehsil Salooni District Chamba H.P. It is further pleaded that premium to the tune of Rs.12/- (Twelve) per annum was deducted from saving bank account of deceased Rumel Singh. It is pleaded that on dated 16.06.2015 insured Rumel Singh was coming back to his home from his personal work and he sustained injuries i.e. Trauma to chest ribs by way of fall from hilly land. It is further pleaded that insured was brought to Regional Hospital Chamba H.P. for medical treatment and on dated 18.06.2015 deceased insured died due to injuries sustained by him in chest ribs. It is further pleaded that Insurance claim was submitted but Insurance company did not settle claim and committed deficiency in service.

3. Complainants sought relief to the effect that Oriental Insurance Company Ltd. and Himachal Pradesh Gramin Bank (HPGB) be directed to pay Insurance claim as per Pradhan Mantri Suraksha Beema Yojna (PMSBY) policy i.e. Prime Minister Safety Insurance Scheme Policy. In addition complainants sought relief of payment of compensation to the tune of Rs.10000/- (Ten thousand) for mental agony and harassment. In addition complainants sought litigation costs to the tune of Rs.10000/- (Ten thousand). Prayer for acceptance of consumer complaint sought.

4. Per contra version filed on behalf of opposite party No.1 i.e. Oriental Insurance Company Ltd. pleaded therein that complainants did not complete formalities required for payment of Insurance claim. It is further pleaded that complainants did not submit copy of FIR and post mortem report for settlement of Insurance claim. It is further pleaded that Insurance claim was not submitted within 30 (Thirty) days from the date of alleged accident. It is further pleaded that Insurance company repudiated Insurance claim strictly as per laws and rules. It is pleaded that Insurance company did not commit any deficiency in service as alleged in consumer complaint. Prayer for dismissal of consumer complaint against opposite party No.1 sought.

5. Per contra separate version filed on behalf of Himachal Pradesh Gramin Bank (HPGB) pleaded therein that insured Rumel Singh died on dated 18.06.2015. It is pleaded that Insurance claim was submitted to Insurance company. It is further pleaded that dispute is inter se complainants and Insurance company. It is further pleaded that immediately Insurance claim was submitted to Insurance company by Himachal Pradesh Gramin Bank (HPGB). Prayer for dismissal of consumer complaint against Himachal Pradesh Gramin Bank (HPGB) sought.

6. Complainants filed rejoinder and reasserted allegations as mentioned in consumer complaint. Learned DCF/DCC partly allowed consumer complaint and ordered opposite parties jointly and severally to pay Insurance claim due under the Insurance policy to complainants alongwith interest @ 9% per annum from the date of complaint till actual payment. In addition learned DCF/DCC ordered opposite parties to pay compensation to the tune of Rs.20000/- (Twenty thousand) to complainants. I