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M/s Sahara India Commercial vs. Smt. Gomti Devi dated 2014-09-11

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION

NEW DELHI

 

 

REVISION PETITION NO. 1162 OF 2014

(From order dated 21.11.2013 in First Appeal No. 817/2012 of the

Rajasthan State Consumer Disputes Redressal  Commission, Jaipur)

WITH

IA/1148/2014

IA/1149/2014

(STAY, EXEMPTION FROM FILING OFFICIAL

 TRANSLATION OF DOCUMENTS)

 

 

1. M/s Sahara India Commercial

    Corporation Ltd.

    Command Office, Sahara India Bhawan

    1, Kapoorthala Complex, Lucknow

    Uttar Pradesh, PIN 226 024

 

2. Sahara India Commercial Corporation Ltd.

    Branch-Fagalwa, Opp. Petrol Pump,

    Sikar, Rajasthan                                                     … Petitioners

 

                                                 Versus

 

1. Smt. Gomti Devi

    W/o Late Pyare Lal

    R/o Village Katrathal,

    Tehsil & District Sikar (Rajasthan)

 

2. Manish Kumar (Minor)

    W/o Late Pyare Lal

    R/o Village Katrathal,

    Tehsil & District Sikar (Rajasthan)

    Through guardian (mother) Smt. Gomti

 

3. Mohit (Minor)

    W/o Late Pyare Lal

    R/o Village Katrathal,

    Tehsil & District Sikar (Rajasthan)

    Through guardian (mother) Smt. Gomti

 

4. National Insurance Company Limited

    Through Local Branch Sikar, Rajasthan               … Respondents

 

 

BEFORE:

HON’BLE MR. JUSTICE J. M. MALIK, PRESIDING MEMBER

          HON’BLE DR. S. M. KANTIKAR, MEMBER

 

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For the Petitioners                 :   Mr. Gautam Talukdar, Advocate

 

 

For Respondents No. 1 to 3          :   NEMO

 

 

For the Respondent No. 4   :   Mr. Yogesh Malhotra, Advocate  

 

 

Pronounced on    September, 2014

 

O R D E R

 

 

1.      Learned counsel for the petitioner and learned counsel for opposite party No. 4 present.  None is present for opposite parties 1 to 3 despite service.

2.      Shri Pyare Lal, husband of respondent No. 1 and father of complainants No. 2 and 3 deposited a sum of Rs.10,000/- in a branch of M/s Sahara India Commercial Corporation Ltd. at Sikar on 28.11.2003 under the Sahara Swarn Yojana Scheme.  A passbook was issued by the opposite parties.  It contains some terms and conditions. The legal representatives of the policy holder were to get Rs.1,50,000/- in case his death occurred due to accident after three years and within a period of four years.

3.      Unfortunately, Shri Pyare Lal expired on 30.9.2007 in accident which happened after a period of three years but before the expiry of four years of obtaining of the insurance policy.  The information was given to the insurance company.  The insurance company, SikarBranch

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refused to pay the compensation.  The opposite party took the following objection, viz. the information of death was not given within 15 days from the date of death, the information of death should be given to the insurance company before the last rites are performed and under special circumstances, it is mandatory to give information within 30 days from death.  The complainants were fully aware of all these facts. The deceased-policy holder was not consumer because the death help, after the accident, is provided free of cost.  The relevant documents, like FIR, death certificate, post mortem report, medical report, age certificate, claim forms etc, were not deposited within 30 days. However, the same were provided subsequently.  The Insurancecompany had sent these papers to the National Insurance company with whom it has got a link up.  The National Insurance Company provided a cheque in the sum of Rs.50,000/- but the complainants refused to accept the same.   

4.      The defence set up by the National Insurance Company, opposite party No. 3 is that they have entered into a contract with the opposite parties No. 1 and 2.  Therefore, they are liable to pay Rs.50,000/-.

5.      The District Forum accepted the complaint against opposite parties No. 1 and 2 and directed the opposite parties 1 and 2 to pay a sum of Rs.1,00,000/- with all the benefits to the complainants due to the accidental death of Shri Pyare Lal.  Rs.5000/- as compensation and

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Rs.2,000/- as cost of litigation was also awarded to the complainants besides payment of interest @9% p.a.

6.      Aggrieved by that order, the opposite parties 1 and 2 approached the State Commission and the State Commission dismissed the appeal.

7.      We have heard the learned counsel for the parties.

8.      Our attention is invited towards para 18 of the terms and conditions of the policy, which is reproduced as under:

                   “18. Accidental Death Benefit.

  In case of accidental death only, the nominee(s) of the deceased coupon holder shall be entitled for insurance compensation amount ( as per terms and conditions applicable) as per following chart.

                  

If accidental death occurs

Insurance compensation amount

In Option (A) & (B)

In Option (C)

After 1 year & upto 2 years

After 2 years & upto 3 years

After 3 years & upto 4 years

After 4 years & upto 10years

Rs.2,00,000

Rs.3,00,000

Rs.4,00,000

Rs.5,00,000

Rs.50,000

Rs.1,00,000

Rs.1,50,000

Rs.2,00,000

 

In option (B), the above benefit shall be applicable only after Rs.1, 00,000/- advance amount is deposited in the company.”

 

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9.      Learned counsel for the petitioners has vehemently argued that annexure 5 was not considered by the fora below.  This letter was written by M/s Sahara India Pariwar to the National Insurance Company Limited, which mentions the following details about Shri Pyare Lal:-

Sr. No.

Details

Yes/No

01.

F.I.R. copy (Notarized)

Yes

02.

Post Mortem Report (Notarized)

Yes

03.

Death Certificate (Notarized)

Yes

04.

Proof of age (Notarized)

Yes

05

Copies of deposit receipt/certificate/scheme form (Notarized)

Yes

06.

Claim Form duly filled in

Yes

07.

Medical Report (Notarized)

N.A.

08.

Paper Cutting (Notarized)

Yes

                  

 

         

 

 

 

You are requested to depute a surveyor/investigator under intimation to us.”

10.    The National Insurance Company vide letter dated 9.11.2009 came to the conclusion that they were liable to pay Rs.50,000/- only to the legal representatives of Late Shri Pyare Lal in annexure 6 at serial No. 11.

11.    On the other hand, learned counsel for the National Insurance Company has invited our attention towards certain correspondences. This letter dated 8.2.2005 has been written by Sahara India Pariwar.  Its relevant portion runs as follows.

                             “If the accident occurs after one year of opening

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Account-

If accidental death occurs

Insurance compensation amount

Swaran

Rajat

After 1 year & upto 2 years

After 2 years & upto 3 years

After 3 years & upto 4 years

After 4 years & upto 10years

Rs.2,00,000

Rs.3,00,000

Rs.4,00,000

Rs.5,00,000

Rs.50,000

Rs.1,00,000

Rs.1,50,000

Rs.2,00,000

 

          The National Insurance Company sent its reply.  They did not agree to their suggestions to the following effect:

“II.  If accident death occurs after one year of opening account.

On above point No. II, i.e. “If accident death occurs after one year of opening account” is not acceptable to us because at the time of issuance of policy only point I coverage was provided which may please be noted”

         

12.    It is thus clear that as per the policy, the petitioners are liable to pay Rs.1,00,000/- as ordered by the District Forum.  The petitioners want to get rid of their liability.  They are trying to involve the National Insurance Company unnecessarily.  One should be a man of commitment.  It is difficult to fathom why the National Insurance Company should pay the entire amount.  The petitioners have made a vain attempt to lead the gullible people up the garden path.

 

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13.    Consequently, we hereby dismiss the revision petition with costs of Rs.10,000/- under Section 26 of the Consumer Protection Act, 1986 payable to the complainant No. 1 through demand draft directly.  It is made clear that the insurance company is also liable to pay a sum of Rs.50,000/-.  Rs.50,000/- be paid if not already paid.   The petitioners No. 1 and 2 will pay Rs.1,00,000/- alongwith interest, litigation charges and compensation to the complainants as ordered by the District Forum.  The said amount including costs etc. be paid to the decree holders within 60 days from the date of receipt of a copy of this order otherwise it will carry interest @12% per annum from the date of expiry of 60 days.

 

 

 

.…..…………………………

(J. M. MALIK, J)

                       PRESIDING MEMBER

 

 

                 .…..…………………………

(DR.S. M. KANTIKAR)

                MEMBER

Naresh/11

 

 


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