1^st ADDITIONAL BENCH STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH.

Date of Institution : 10.06.2019 Date of Reserve : 17.05.2023 Date of Decision : 29.05.2023

1. Dr. Liza Nagaraj widow of Late Dr. Jagannath Nagaraj.

2. Aditya Raj(Minor Son) of Dr. Jagannath Nagaraj through his Mother Dr. Liza Nagaraj being Natural Guardian.

3. Aanya Raj (Minor Daughter) of Dr. Jagannath Nagaraj through her Mother Dr. Liza Nagaraj being Natural Guardian. All resident of Flat No.3B2, Sunny Estates, Mamangalam, Palarivattom, P.O. Edappally, Kochi-682025 Kerala.

.….Complainants Versus

1. Aviva Life Insurance Company India Ltd., 2^nd Floor, Prakashdeep Building, 7-Tolstoy Marg, New Delhi through its General Manager. tarun.kumar@avivaindia.com.

2. Aviva Life Insurance Aviva Tower, Sector Road, Opposite Gold Course, DLF-Phase V, Sector 43, Gurgaon through its Manager. tarun.kumar@avivaindia.com.

3. Aviva Life Insurance Company India Ltd., First Floor, SCF-

81, Phase-11, Mohali, District Mohali 160059 through its Manager. tarun.kumar@avivaindia.com.

..…Opposite Parties Consumer Complaint under Section 17 of the Consumer Protection Act, 1986.

Quorum:-

Mr. H.P.S. Mahal, Presiding Judicial Member Mrs. Kiran Sibal, Member Present:-

For the complainants : Sh. B.S. Bajwa, Advocate For the opposite parties : Sh. Siddhant Jain, Advocate KIRAN SIBAL, MEMBER:-

Earlier this complaint was dismissed in-limine as time barred by this Commission, vide order dated 12.06.2019. The complainants challenged that order before the Hon’ble National Commission by way of filing First Appeal No.1569 of 2019; which was allowed vide order dated 21.09.2022, the relevant part reads as follows:-

“8. Sequel to the discussion above we set aside the impugned order dated 12.06.2019 of the State Commission and remand the case back to the State Commission with the observation that sufficient cause to condone the delay was very much forthcoming and as such the delay stands condoned. We request the State Commission to decide the substance of the complaint on merits as per the law.”

In compliance with above order of the Hon’ble National Commission, we proceed to decide the complaint in view of the aforesaid directions of the Hon’ble National Commission.

2. The complainants have filed this complaint under Section 17 of the Consumer Protection Act, 1986 (in short “the Act”), against the opposite parties (in short “OPs”) seeking following directions against them:-

i) To make the payment of Rs.49,00,000/- along with interest @ 18% p.a.

ii) The document annexure C-4 may be declared illegal, null and void not binding upon the complainants.

iii) To make the payment of Rs.2,00,000/- as compensation on account of mental harassment and unfair trade practices.

iv) To make the payment of Rs.50,000/- as litigation cost.

v) Any other relief to which the complainants are found entitled may also be granted.

3. Brief facts, as set out in the complaint, are that Dr. Jagannath Nagaraj, since deceased (DLA), husband of complainant No.1 and father of complainants No.2 & 3, purchased “Accidental Death Benefit (ADB) Policy” from the OPs, vide policy No.ASP3038803 for regular premium amount of Rs.23,511/-. The policy was valid from 27.09.2010 to 27.09.2040 on annual premium frequency for Accidental Death Benefit with the sum assured of Rs.49,00,000/-. It is further stated that the DLA had to go twice in a week to Saproon, District Solan(H.P.) as he was H.O.D. of the Surgery Department in Dental College, Saproon, therefore he took a rented accommodation at the said village. On the intervening night of 07/08.04.2015, the DLA met with an accident as he slipped from balcony of his house due to darkness and fell from 4^th floor of the said house. As a result of which, he died on the spot. The DDR to this effect was lodged with the Police Post Saproon. The DLA died leaving behind complainant No.1 as his widow and two minor children namely Aditya Raj and Aanya Raj, who were solely dependent upon the income of the DLA. The DLA