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1 F.A.No.:350-18
MAHARASHTRA STATE CONSUMER DISPUTE
REDRESSAL COMMISSION, MUMBAI, CIRCUIT BENCH
AT AURANGABAD
Date of filing : 06.09.2018
Date of Order: 30.08.2019
FIRST APPEAL NO.: 350 OF 2018
IN COMPLAINT CASE NO.: 85 OF 2018
DISTRICT CONSUMER FORUM: AURANGABAD
The National Insurance Company Ltd.,
Through its Manager,
Gurudwara Road, Aurangabad,
Through its Divisional Office,
Hazari Chambers, Padampura,
Railway Station Road, Aurangabad. ..……Appellant
-VERSUS-
1. Smt. Saberabi Shaikh W/o.Abdul Haq Patel
R/o. GadeJalgaon, Tq. & Dist. Aurangabad.
2. Bajaj Capital Broking Insurance Company
Apollo House, 82-84,
Ground Floor, Mumbai,
Samachar Marg, Mumbai.
….…Respondents
Coram :
Smt. S. T. Barne, Hon`ble Presiding Judicial Member
Shri. K. M. Lawande, Hon`ble Member
Present:
Adv. Shri. S.V. Kulkarni for appellant.
Adv. Shri. P.C. Mayure for resp.no.1.
Adv. Shri. T. M. Tandale for resp.no.2.
2 F.A.No.:350-18
- :: JUDGMENT :: -
(Delivered on 30.08.2019)
Per Shri. K. M. Lawande, Hon`ble Member
1.
The appellant has preferred this appeal against the judgment
and order dated 18.07.2018 passed by District Forum, Aurangabad
in C.C.No.85/2018.
2.
The appellant is the original opponent No.1 and respondent
No.1 is the complainant & respondent No.2 is the opponent No.2 in
the consumer complaint before the Forum. They are hereinafter
referred as “opponent” and “complainants” as per their status in the
complaint.
3.
It is the case of complainant that, her husband named Shri
Shaikh Abdul Haq Kamal Patel died on16/05/2016 in an alleged
beating by some persons and the FIR of his murder is lodged with
the police. The deceased is having agricultural land Gat no. 99 in
village Gadhe Jalgaon Tal. & Dist. Aurangabad. The deceased is
entitled for the insurance under the “Gopinath Munde Farmers
Accident Scheme”. Initially the complainant could not comply for all
the documents when she submitted the proposal to Agricultural
Officer addressed to opponent Insurance Company on 01/03/2017.
The complainant could not submit claim form part 2, mutation entry
no.1570, death certificate etc. in her claim/proposal. In the said
proposal the complainant sought some period to comply the same.
However, she complied with by submitting all the required
documents
on
14/07/2017
through
District
Superintending
Agricultural Officer, Aurangabad. However, the opponent kept her
claim pending. There is no valid reason for opponent to keep her
claim pending. When the complainant enquired with the opponent
Insurance Company, she received the message from the company
3 F.A.No.:350-18
on her mobile that “Claim ID-CL04111, Rejected due to other
reason.”Therefore,
she
issued
a
notice
to
opponent
on
05/01/2018.When the complainant further enquired with the
opponent company on 08/02/2018, she was replied by the opponent
company that her claim is repudiated and her proposal is returned to
District Superintending Agriculture Officer, however no reason for
the repudiation is told to her. Therefore, she filed the consumer
complaint with the District Forum seeking directions to opponent to
pay her the amount of Insurance of Rs.2.0 lakhs with 15% interest
and Rs.50,000/- towards the mental agony.
4.
The opponent No.1, Insurance Company appeared before the
District Forum and resisted the complaint. The opponent denied the
case of complainant that, her husband died due to injurie
