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2025 Supreme(Online)(SCDRC) 2129

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
KAJAL – Appellant
Versus
UNITED INDIA INSURANCE COMPANY – Respondent
SC/4/A/393/2024



STATE CONSUMER DISPUTES REDRESSAL COMMISSION CHANDIGARH FIRST APPEAL NO. SC/4/A/393/2024 KAJAL PRESENT ADDRESS - VILLAGE JHANJ KHURD, TEHSIL AND DISTRICT JIND, HARYANA ,CHANDIGARH. .......Appellant(s)

Versus UNITED INDIA INSURANCE COMPANY PRESENT ADDRESS - 2/27, OKHLA ROAD, OPPOSITE HOTEL SOFTEL SURYA, SARAI JULLENA, NEW DELHI ,CHANDIGARH.

VIPUL INSURANCE BROKERS PRIVATE LIMITED PRESENT ADDRESS - 217, ANSAL CHAMBERS-2, BHIKAJI CAMA PLACE, NEW DELHI ,CHANDIGARH.

.......Respondent(s)

BEFORE:

HON'BLE MR. JUSTICE RAJ SHEKHAR ATTRI , PRESIDENT HON'BLE MR. RAJESH KUMAR ARYA , MEMBER FOR THE APPELLANT:

ANKIT CHAHAL (Advocate)

DATED: 09/04/2025

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, U.T., CHANDIGARH

Appeal No. : 393 of 2024
Date of Institution : 04.12.2024
Date of Decision : 09.04.2025
Kajal aged about 27 years wife of Late Sh. Amarjeet, resident of village Jhanj Khurd, Tehsil & District Jind, Haryana. At present residing at Daughter of Kuldeep, Village Bahadurgarh, Tehsil Safidon, District Jind, Haryana ….. Appellant/complainant V e r s u s

1. United India Insurance Company Limited, having its registered office at 2/27 Okhla Road, Opp Hotel Softel Surya, Saras Jullena, New Delhi-110025 through its Managing Director

2. Vipul Insurance Brokers Private Limited (Agent Code No BRC0000224), having its registered office at

217, Ansal Chambers-2, Bhikaji Cama Place, New Delhi 110066 through its Director.

…..Respondents/opposite parties BEFORE: JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT MR. RAJESH K. ARYA, MEMBER Present:- Sh. Ankit Chahal, Advocate for the appellant/complainant.

Sh. S.S. Sidhu, Advocate for respondent no.1/opposite party no.1.

None for respondent no.2/opposite party no.2.

PER JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT The complainant (appellant in this appeal) by way of filing this appeal has prayed to set aside the order dated 04.10.2024 passed by the District Consumer Disputes Redressal Commission-I, U.T., Chandigarh (in short the District Commission), in consumer complaint bearing no.967 of 2022, whereby the said complaint was dismissed. Following prayer has been made by her in this appeal:-

“……a. Pass an order setting aside the Impugned Order dated 04.10.2024 passed by Ld.

District Consumer Disputes Redressal Commission-I, U.T. Chandigarh in Complaint Case No. 967 of 2022 and direct the respondents to release the death claim benefits of aforesaid INDIVIDUAL PERSONAL ACCIDENT INSURANCE POLICY alongwith interest @ 18% per annum from the date of death of the husband of appellant being nominee of her husband.

b. Order the respondents to pay a sum of Rs.2,00,000/- (Two Lakh Rupees) as compensation to the appellant on account of harassment, mental pain and agony caused to appellant by the respondents, due to their deficient services and negligence.

c. Order the respondents to pay a sum of Rupees 22,000/- to the appellant on account of litigation expenses/ charges of filing of complaint and appeal.

d. Pass any other order this Hon'ble Commission deems fit in the facts and circumstances of the present case.…..”

Factual scenario:-

2. Before the District Commission, it was the case of the complainant that her husband, Amarjeet, was employed as a Security Guard with G4S Secure Solutions India Pvt. Ltd., the employer of the deceased insured. Opposite party no. 2, Vipul Insurance Brokers Private Limited is an authorized agent of opposite party no.1. On 08.02.2021, a representative/employee of OP No. 2 visited the complainant’s husband at his workplace in Chandigarh and collected a premium of Rs. 785/- in cash for an Individual Personal Accident Insurance Policy. On the same day, the representative also obtained the husband’s signature on the proposal form and other related documents, assuring him that the insurance policy would be delivered soon. However, on 18.02.2021, while traveling from Dappar (Punjab) to Yamuna Nagar (Haryana) with three others in car No. PB-65AV-3451, the complainant’s husband met with a fatal accident near Kakkar Majra M

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