State Consumer Disputes Redressal Commission
Icici Prudential Lic vs Amanpreet Kaur on 26 May, 2017
Cause Title/Judgement-Entry Punjab State Consumer Dispute Redressal Commission Dakshan Marg, Sector 37-A , Chandigarh First Appeal No. A/406/2016 (Arisen out of Order Dated 21/03/2016 in Case No. 350/2015 of District Firozpur) 1. ICICI Prudential LIC Regd. Office ICICI PruLife Towers, 1089, Appasahed Marathe Marg, Prabhadevi Mumbai Maharashta ...........Appellant(s) Versus 1. Amanpreet Kaur D/o Narinder Singh, R/o Basti Khushal Singh Wala, Village and Post Office Mallanwala, Tehsil Zira, Ferozepur Punjab ...........Respondent(s) BEFORE: HON'BLE MR. JUSTICE Paramjeet Singh Dhaliwal PRESIDENT Gurcharan Singh Saran JUDICIAL MEMBER For the Appellant: For the Respondent: Dated : 26 May 2017 Final Order / Judgement 2nd Additional Bench STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, DAKSHIN MARG, SECTOR 37-A, CHANDIGARH. First Appeal No.406 of 2016 Date of institution: 24.05.2016 Date of Decision : 26.05.2017 1. ICICI Prudential Life Insurance Company Limited Registered Office ICICI Prulife Towers, 1089, Appasahed Marathe Marg, Prabhadevi Mumbi-400025, through its Authorized Signatory. 2. ICICI Prudential Life Insurance Co. Limited, Claim Cell, 9th Floor, B Wing, Office No.906, BSEI Tech Park, Opposite Vashi Station, Sector 30, Navi Mumabi-400706 through its Senior Manager (Claims) Authorized Signatory. 3. ICICI Prudential Life Insurance Company, Limited, Ist Floor, Near Bank of India, Udham Singh Chowk, Ferozepur City, through its Branch Manager. Appellants/Opposite Parties Versus Amanpreet Kaur daughter of Narinder Singh resident of Basti Khushal Singh Wala, Village and Post Office Mallanwala, Tehsil Zira, District Ferozepur Mobile No.99149-77473. ......Respondent/complainant First Appeal against order dated 21.03.2016 of District Consumer Disputes Redressal Forum, Ferozepur. Before:- Hon'ble Mr. Justice Paramjeet Singh Dhaliwal, President Shri Gurcharan Singh Saran, Judicial Member
Present:-
For the appellants : Sh.K.S. Cheema, Advocate For the respondent : Sh. J.S. Brar, Advocate Gurcharan Singh Saran, Judicial Member ORDER
This appeal has been filed by appellants/opposite parties (hereinafter referred to as appellants) against the impugned order dated 21.03.2016 passed in CC No.350 of 2015 by the District Consumer Disputes Redressal Forum, Ferozepur, (hereinafter referred to as District Forum), vide which the complaint filed by the complainant was allowed against opposite parties No.1 to 3 and they are jointly and severally liable to pay Rs.14,50,000/- to the complainant along with interest at the rate of 9% per annum from 30/09/2014 i.e. the date of repudiation of claim till its realization. It was further directed to pay a sum of Rs.10,000/- as compensation for mental harassment and Rs.5000/- as litigation expenses.
2. Consumer complaint was filed by complainant under Section 12 of the Consumer Protection Act 1986 (hereinafter referred to as the Act) against OPs on the averments that the deceased Jatinder Singh son of Narinder Singh was real brother of complainant who got the insurance policy No.17275632 commencing from 19.12.2012 for a sum insured Rs.14,50,000/- for a term of 30 years. However, insured died on 18.12.2013 and the claim was lodged with the OPs by filing the relevant documents, but the OPs failed to pay the insurance amount. Accordingly, the complaint was filed before the District Forum.
3. Complaint was contested by OPs on various points as detailed in the order passed by the District Forum.
4. After going through the averments made in the complaint, written reply, evidence and documents on the record the complaint filed by the complainant was allowed by the District Forum.
5. Aggrieved with the order passed by the District Forum the OPs filed the present appeal. However, during the proceedings of the appeal the matter was settled between the parties.
6. Counsel for the appellants Sh. K.S. Cheema, Advocate has made a statement that a cheque No.364778 dated 03.05.2017 amounting to Rs.13,50,000/- has been handed over to the respondent through his counsel. Photocopy of the same has been placed on record. Accordingly, the policy stand cancelled.
7. Mr. J.S. Brar, Advocate, counsel for the respondent also made a statement that he has received a cheque No.364778 dated 03.05.2017 for an amount of Rs.13,50,000/- on behalf of the respondent as full and final settlement of the claim and accordingly, the policy be ordered to be cancelled.
8. In view of the statements of the counsel for the parties, the matter between the parties stand settled for a sum of Rs.13,50,000/-, the appeal filed by the appellants is disposed of as compromised subject to the encashment of the cheque.
9. The appellant No.1 had deposited a sum of Rs.25,000/- at the time of filing the of the appeal. It deposited another sum of Rs.8,56,732/- vide receipt dated 29.06.2016, in compliance of the order dated 13.06.2017. Both these amounts be released in favour of the appellant No.1 after clearance of the cheque. As and when the cheque is cleared, the appellant No.1 will be at liberty to move the application for refund of these amounts.
(JUSTICE PARAMJEET SINGH DHALIWAL) PRESIDENT (GURCHARAN SINGH SARAN) JUDICIAL MEMBER May 26, 2017.
PK/-
[HON'BLE MR. JUSTICE Paramjeet Singh Dhaliwal] PRESIDENT [ Gurcharan Singh Saran] JUDICIAL MEMBER