IN THE TAMILNADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI.

Present: Hon’ble THIRU. JUSTICE R. SUBBIAH : PRESIDENT C.C. No. 49 of 2019 Thurs day, the 31^st day of August 2023 Mrs.C.Neela Saraswathi Bai, W/o late Mr.P.Somadevan, No.2, Hansa Avenue, 32/49, Vinayagapuram III Street, Arumbakkam, Chennai- 600 106. .. Complainant - Vs –

1. Royal Sundaram General Insurance Co. Limited, Corporate Accident & Health Department, Rep. by its Managing Director, Having Registered Office at No.21, Patullos Road, Chennai – 600 002. .. Opposite Party No.1

2. Royal Sundaram General Insurance Co. Limited, Corporate Accident & Health Department, Rep. by its Manager, Corporate Office at Vishranthi Melaram Towers, No.2/319, Rajiv Gandhi Salai (OMR), Karapakkam, Chennai – 600 097. .. Opposite Party No.2 Counsel for the Complaint : M/s. N.K.Poongkuntan Counsel for the Opposite Party : M/s. M.B.Gopalan Associates This Complaint came up for final hearing, on 14.08.2023, and after hearing the arguments and perusing the materials on record and having stood over for consideration till this day, this Commission passes the following:-

ORDER

R.SUBBIAH J., PRESIDENT This Complaint has been filed under Section 17 of the Consumer Protection Act, 1986 as against the Opposite Parties for the following reliefs:-

(a) Directing the opposite parties to pay the insured amount of Rs.25,00,000/- together with cumulative bonus of 25% together with interest at the rate of 18% per annum from the date of filing the complaint till realization;

(b) Directing the opposite parties to pay compensation of Rs.5,00,000/- for mental agony suffered on account of deficiency of service and adopting unfair trade practice;

(c) Directing the opposite parties to pay costs of the complaint.

2. The case of the complainant is that her husband Late P.Somadevan had taken a personal Accident Insurance Policy with the opposite parties and the said policy was renewed by him vide Policy No. PAPOMCTOOI, and Certificate No.PCP0004128000105 dated 11.06.2016 for a sum of Rs.25,00,000/- together with the cumulative bonus of 25%. Her husband nominated her as his nominee in the said policy. The premium for the said policy amounting to Rs.2340/- was paid by him on 11.06.2016 and the same was valid till 10.06.2017. According to the complainant her husband Late P.Somadevan had joined the above said policy with the opposite party initially before 5 years. The records pertaining to the Insurance Policy was not available with the complainant. However, the said policy was renewed by her husband and still in force. Late P.Somadevan was working as an Assistant Director in the Statistical Department in Government of Tamil Nadu and he had retired from service on 05.06.2008. The complainant is a house wife and she was solely depending on the income of her husband. Her daughter got married and they are living separately. While so, the complainant’s husband Late P.Somadevan met with a train accident and died on 18.03.2017. A case has been registered by the Sub-Inspector of Police, Railway Police Station, Mambalam on 18.03.2017. The complainant was initially unaware of the above said policy of her husband. When the complainant was in search of some of records pertaining to her husband, she had noticed a receipt of the above said policy and she came to know that her husband had renewed the policy on 11.06.2016 which was valid till 10.06.2017. Therefore, the complainant had filed claim application with the second opposite party on 01.06.2018 with all the relevant documents. The second opposite party acknowledged the same. On receipt of the claim application one of the representatives of the opposite parties had visited the complainant on several occasions and personally enquired about the death of her husband Late P.Somadevan. They had also obtained signatures of the complainant in several documents. The complainant had also handed over necessary documents to the second opposite party such as death certificate, post-m