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Richa
A-20-677
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IN THE CONSUMER DISPUTES REDRESSAL COMMISSION
GUJARAT STATE, AHMEDABAD
APPEAL NO. 677 of 2020
[Virtual Hearing]
Court No. 1
1 The New Assurance Co. Ltd.
Second Floor, wing-B, Jivan Prakash Building,
B/h. LIC Office Building, near Under Bridge, Tagore,
Rajkot.
2. The New India Assurance Co. Ltd.
Ahmedabad Regional Office
5th floor, Popular House, Ashram Road,
Ahmedabad.
…Appellants
Vs
1. Nirmalaben Chandulal Thoriya
Legal heirs of Dec, chandulal Becharbhai Thoriya
Jinpara, Brahman Sheri, Amarsar,
Wankaner, Dist, Rajkot.
2. Rajkot Nagrik Bank Ltd.
Market Chowk, Near Post office
Wankaner. …Respondents
Coram : Justice V. P. Patel, President
Dr. J.G. Mecwan, Member
APPERANCE : Mr. C. A. Modi, advocate for the appellants.
Order: (By Mr. Justice V. P. Patel, President)
1. Appellants have filed this appeal under section 41 of the Consumer
Protection Act 2019, being aggrieved and dissatisfied with the
judgment and order dated 7-7-2020 Passed by the DCDRC, Rajkot
(Main) in Consumer case no. 452/2019
2. Heard ld. Advocate Mr. C. A. Modi, for the appellants. Perused the
record of the case and judgment and order passed by the ld. District
commission.
Details
DD
MM
YY
Date of Judgment
2021 Date of filing
31 8
2020 Duration
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A-20-677
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2.1 The appellants here in is the original opponent no.2 and 3 and
original complainant and opponent no.2 are the respondent no. 1 and
2. (Herein after the appellants and respondents will be referred as per
their original status)
Facts of the case of the complainant :
3. The complainant is widow and legal heir of deceased Chandulal
Becharbhai Thoriya who died on 24/02/2019 due to accident took
place on 22/02/2019 near Lalpar Bus Stop, Tal. Wankaner while he
was driving Motorcycle and slipped down when a dog came across the
road. Thereafter deceased shifted to the hospital but due to accidental
injuries he died. The deceased was the shareholder of Rajkot Nagrik
Bank Ltd. and purchased personal accident insurance policy from the
opponent 2 for its shareholder and in case of accidental death of any
member/ shareholder, the legal heirs of deceased member are entitled
to get benefit of Rs.100,000/-. The complainant submitted all necessary
document to opponent No.2 through opponent No. 1, inspite of that no
any action has been taken by the opponent No. 2 and 3 vide letter
dated no claim by showing reason that the insurable interest of
deceased Chandulal Becharbhai Thoriya is not establish. The
complainant has submitted affidavit certificate the name of the
deceased is shown Chandulal Becharbhai Thoriya which is correct
name shown with surname mentioned in the PAN Card, FIR and PM
report. Hence, the complainant has filed this compliant before the
District Commission for getting compensation of Rs.100,000/- as claim
amount with Rs.10,000 for mental harassment and agony and
Rs.10,000/- as cost and Rs. 20,000/- for deficiency of service in the
part of opponent.
Defense of the opponents :
4. The District Forum has issued the notice to the opponents and
opponents are appeared through Learned advocate and filed the written
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A-20-677
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statement. The opponent no 1 purchased Group personal Accident
policy from the opponent no. 2 and 3 and premium has duly paid by
the opponent no.1. Deceased Patel Chandrakant Becharbhai was
member and holding share certificate of opponent no.1 and died on
24/02/2019 due to accident. The complainant Nirmalaben Chandulal
being widow and legal heir of the deceased Patel Chandrakant
Becharbhai submitted claim form with relevant document to the
opponent no. 2 and 3 through opp
