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2011 Supreme(UK) 557
2012 (1) UAD 29
STATE CONSUMER DISPUTES REDRESSAL COMMISSION
UTTARAKHAND, DEHRADUN
Hon'ble Mr. Justice B.C. Kandpal, Mr. C.C. Pant and
Mrs. Kusum Lata Sharma, Members
First Appeal No. 284/2006
LIFE INSURANCE CORPORATION OF INDIA – Appellant/Opp. Party
Versus
SMT. HARBANS KAUR - Respondent/Complainant
Decided on : 17.10.2011
For the Appellant : Mr. Deepak Ahluwalia, Learned Counsel
For the Respondent: Mr. Ram Kishore Arya, Learned Counsel
Headnote:Consumer Protection Act, 1986, Sec. 2(g),(o) — Deficiency in service — Claim for — Complaint for — Deceased having purchased a life insurance policy for assured sum of Rs. 50,000/- — Insured meeting with a road accident and dying of injuries sustained therein — On claim being lodged by complainant, nominee under the policy, L.I.C. paying Rs. 53,550/- to complainant — Said amount received by complainant, nominee without any protest, in full and final settlement of the claim —Further claim by the nominee-complainant for accidental benefit made after a period of one year and nine months — No protest having ever been made by her during that period nor contacting the L.I.C. for making request for such benefit — Order of District Forum partly allowing the complaint and directing the insurer to pay an amount of Rs. 50,000/- to complainant and towards accidental benefit, with interest @ 6% from date of filing complaint — Held not sustainable and set aside, dismissing the complaint in question.
(Paras 2, 3, 4, 6 to 10)
miHkksäk laj{k.k vf/kfu;e] 1986] /kkjk 2 (g),(o) lsok esa deh gsrq ifjokn e`rd us vius thou dky esa thou chek ikfylh #- 50]000@& èkujkf'k dh yh & chfer dh nq?kZVuk esa vkbZ pksVksa ds dkj.k e`R;q gks xbZ & ikfylh esa ukfer mldh iRuh }kjk chek dEiuh esa nkok izLrqr fd;k tkus ij chek dEiuh us ifjoknh dks vadu #- 53]550@& dh /kujkf'k iseSUV okmpj }kjk chek fuxe us vnk dj fn;s tks mlus fcuk fojks/k (Protest) ds nkos dh iw.kZ larqf"V dh vnk;xh esa izkIr dj fy;s rRi'pkr ,d o"kZ o 9 eghus ds i'pkr~ ifjoknh }kjk iqu% ifjokn nq?kZVuk dk ykHk izkIr djus gsrq #- 50]000@& dk okn ;ksftr fd;k & ifjoknh us bl chp uk rks izkIr iwoZ /kujkf'k ds fo"k; esa dHkh fojks/k fd;k] uk gh chek dEiuh ls dHkh lEidZ fd;k & ,slh ifjfLFkfr esa ftyk Qksje }kjk ifjokn Lohdkj fd;k tkus o rnkuqlkj chek dEiuh }kjk ifjoknh dks vadu #- 50]000@& e; C;kt 6% dh nj ls fn;s tkus dk vkns'k vikLr dj] ifjokn fujLr djus dk vkns'k vihy esa ikfjr fd;k x;kA ¼izLrj 2] 3] 4] 6 ls 10½
Hon'ble Justice B.C. Kandpal, President
The is insurer's appeal under Section 15 of the Consumer Protection Act, 1986 against the order dated 18.10.2006 passed by the District Forum, Udham Singh Nagar in consumer complaint No. 200 of 2004. By the order impugned, the District Forum has partly allowed the consumer complaint and directed the opposite party- appellant, Life Insurance Corporation of India, to pay sum of Rs. 50,000/- to the complainant towards accidental benefit along with incidental benefits and also to pay interest @ 6% p.a. on sum of Rs. 50,000/- from 04.12.2004, i.e., the date of filing of the consumer complaint and further to pay litigation expenses of Rs. 1,000/-.
2. In brief the facts of the case, as stated in the consumer complaint, are that Sh. Baljinder Singh, the deceased husband of the complainant, had purchased life insurance policy for assured sum of Rs. 50,000/- on 15.05.2002. The insured, however, met with a road accident on 05.12.2002 and sustained injuries and the insured succumbed to the said injuries on 06.12.2002. The complainant was the nominee under the said policy. On claim being lodged with the insurance company, the insurance company sent a cheque for sum of Rs. 53,550/- to the complainant vide letter dated 27.02.2003. The said amount was received by the complainant under protest. As per the terms and conditions of the policy, in the event of death of the life assured in an accident, the nominee was to get sum of Rs. 1,00,000/- along with incidental benefits. The complainant requested the insurance company for payment of remaining sum of Rs. 50,000/- but the insurance company did not pay the same. Alleging deficiency in service on the part of the insurance company, the complainant filed a consumer complaint before the District Forum, Udham Singh Nagar.
3. The insurance company filed written statement and pleaded that the cheque for sum of Rs. 53, 550/- which included assured sum of Rs. 50,000/- and Rs. 3,550/- towards bonus, was paid to the complainant. The complainant did not furnish the copy of the FIR, Final Report and Postmortem report. The complainant received the cheque of Rs. 53,550/- without any protest. It was also pleaded that after receipt of the said amount, the complainant never contacted the insurance company, nor made any request for payment of accident benefits. In was further pleaded that there has not been any deficiency in service on the part of the insurance company.
4. The District Forum, on an appreciation of the material on record, allowed the consumer complaint vide impugned order dated 18.10.2006 in the above terms. Aggrieved by the said order, the insurance company has preferred this appeal.
5. We have heard learned counsel for the parties and have also perused the record.
6. Learned counsel for the appellant- insurance company submitted that the complainant had received the amount of Rs. 53,550/- in full and final settlement of her claim and she has received the said amount voluntarily without any protest and, as such, she is not entitled to any further amount and the consumer complaint was not maintainable and the District Forum has erred in allowing the same. Learned counsel also submitted that the complainant has not made any allegation regarding under influence, fraud or misrepresentation in execution of receipt/ discharge voucher.
7. In para 5 of the consumer complaint, the complainant has stated that she has received the cheque of Rs. 53,550/- under protest. The insurance company in para 23 of their written statement has specifically denied the said averment and has stated that the complainant has received the said amount without any protest. Copy of Form No. 3801 is on record (Paper No. 38). By this document, the complainant has received sum of Rs. 53,550/- which include policy amount and bonus, towards final settlement of all her claims. This form has been signed by the complainant and she has no
