Alfaaz- The Words
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Srinagar: In a significant decision of its type, Consumer Disputes Redressal Commission (Consumer Court) Baramulla on Wednesday made public its judgment, upholding the claim of a complainant against a private insurance company for ‘deficiency of service’.
In a complaint filed before the Court, a lady claimed that she was deprived of benefits of the insurance policy in the eventful death of her husband – the actual insurer. The complainant had prayed before the Court for an amount of ten lacs as compensation and rupees one lac as litigation charges.
As per the facts, the complainant’s husband purchased an insurance policy, effective from 26-02-2021 to 25-02-2024. “During the tenure of the said insurance policy, the insured husband of the complainant died accidently on 01-04-2022 when he fell in the bathroom and got injured. Although, he was immediately hospitalized at Govt. Medical College Baramulla, from where he was referred to SMHS for treatment, but he was declared dead there.”
The Complainant contended before the Court that, ‘she left no stone unturned to get the claim of insurance settled, however, despite repeated requests, the O.Ps did not bother to look into the matter or to settle the issue.’
The Court held that notices were issued to O.Ps, however despite due service, they failed to appear before the Commission or to contest the case, consequently, the O.Ps were set to ex-parte.
Holding, that they have heard the counsel for the complainant and have gone through the entire record including the written arguments submitted by the complainant’s counsel, which reflects that the husband of the deceased, namely Naseer Ahmad Khan, resident of Pahlipora, Baramulla, purchased an insurance policy from respondent No.2 under policy No.17545342 against the annual premium of Rs.6042/-, the Court holding merit in the complainant’s claim said that the insurance policy was valid from 26-02-2021 to 25-02-2024.
“Since the complainant being the nominee of the deceased, approached the respondents for settlement of the claim of life insurance of her husband, however, no claim has been settled on one pretext or the other.”
The respondents, the Court held, were under obligation to settle the claim of the complainant in accordance with the laid down procedure within 4 weeks, which has not been done and the same amounts to deficiency of service.
Disposing off the matter, the Court held the insurance company liable for deficiency of service, thereby directing it to pay the insured amount sum of Rs.10 Lacs (Ten Lac Rupees only) to the complainant on account of the insurance policy purchased by her deceased husband along with interest @10% from the date of institution of the complaint till its realization.
“The O.Ps is further directed to pay an amount of Rs.50,000/-(Fifty Thousand Rupees only) as litigation charges within a period of 6 weeks,” the Court presided over by Peerzada Qousar Hussain, with Nyla Yaseen as member, said.
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