ADDITIONAL BENCH STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH Date of Institution : 24.11.2021 Date of Reserve : 17.10.2023 Date of Decision : 02.11.2023 Ramandeep Kaur, aged 28 years, wife of Late Beant Singh, resident of Ward No.10, Near Airtel Tower, Makhu, Tehsil Zira, District Ferozepur-142044. (Correspondence Mobile No.95924-

25777)

….Appellant/Complainant Versus

1. Bharti AXA Life Insurance Company Limited, Registered Office, Unit No.1904, 19^th Floor, Parinee Crescenzo ‘G’ Block, Bandra Kurla Complex, BKC Road, Behind MCA Ground Bandra East Mumbai-400051, Maharashtra through its Managing Director.

2. Bharti AXA Life Insurance Company Limited, The Mall Road, Near Aggarsain Chowk, Ferozepur City-152002, through its Authorized Signatory.

……..Respondents/Opposite parties First Appeal under Section 41 of the Consumer Protection Act, 2019 against the order dated 07.09.2021 of the District Consumer Disputes Redressal Commission, Ferozepur.

Quorum:-

Mr.Harinderpal Singh Mahal, Presiding Judicial Member Mrs. Kiran Sibal, Member Present:-

For the appellant : Sh.Piyush Sharma, Advocate For the respondent : None HARINDERPAL SINGH MAHAL, PRESIDING JUDICIAL MEMBER This appeal has been preferred by the appellant/complainant-Ramandeep Kaur against the order dated 07.09.2021 passed by the District Consumer Disputes Redressal Commission, Ferozepur (in short ‘District Commission’), whereby the complaint filed by the appellant/complainant under Section 12 of the Consumer Protection Act, 1986 (in short ‘the Act’) was dismissed.

It would be apposite to mention that hereinafter the parties will be referred, as have been arrayed before the District Commission.

2. Briefly stated facts of the case are that the husband of the complainant-Ramandeep Kaur, purchased the Life Insurance Policy bearing No.5017599068 by paying the premium of Rs.14,629.99p. The sum assured of the policy was Rs.22,72,727/- and the policy was commenced from 06.07.2018. The complainant- Ramandeep Kaur was the nominee being the wife of insured. Unfortunately, the husband of the complainant Sh.Beant Singh died untimely on 15.02.2019. Intimation regarding the same was sent to the opposite parties along with documents as demanded by them to prove the death of the insured and to get the insured amount. One representative of the opposite parties visited the house of the complainant and original policy documents and other related documents were received by him from the complainant and he gave assurance to the complainant that the claim will be settled at the earliest and documents will be returned accordingly but despite that and after putting lot of efforts the claim of the complainant has not been settled. Thereafter, the complainant served a legal notice to the opposite parties on 04.08.2020 but to no avail. This act and conduct of the opposite parties amount to deficiency in service and unfair trade practice which compelled the complainant to file the complaint seeking following reliefs:

i) to release the sum assured amount i.e. Rs.22,72,727/-

along with interest @18% per annum till its full and final realization;

ii) to pay Rs.1,00,000/- as compensation for mental torture and agony;

iii) to pay Rs.15,000/- as litigation expenses; and iv) to pay interest from the date of lodging of the complaint.

3. Upon notice, opposite parties appeared and filed their written reply taking preliminary objections that in the complaint the complainant has alleged fraud, cheating, misspelling and misrepresentation, which involves complicated questions of the facts and law and required lot of evidence and only Civil Court can deal in such matters. The complainant has not pointed out any deficiency in service on the part of the opposite parties and opposite parties acted only as per the terms and conditions of the policy. As per the terms and conditions of the policy, if the policy is not suitable, the policy holder can get the policy reviewed by returning the policy and other documents wit