LAWS(CHHCDRC)-2011-10-4

COMPETENT AUTHORITY (CLAIMS/OMKAR), H.D.F.C. STANDARD LIFE INSURANCE CO. LTD. Vs. KAMLA JAIN

Decided On October 21, 2011
Competent Authority (Claims/Omkar), H.D.F.C. Standard Life Insurance Co. Ltd. Appellant
V/S
Kamla Jain Respondents

JUDGEMENT

(1.) This is an appeal filed by the OPs insurer against order dated 17.01.2011 passed in Complaint Case No.416/2009 by the District Consumer Disputes Redressal Forum, Raipur (hereinafter called ''District Forum '' for short), whereby the complaint was allowed and the OPs were directed to pay to the mother of the deceased insured, the insured sum as well as accident benefit aggregating to Rs.1,47,462/ - and also to pay interest @ 6% p.a. from the date of complaint together with Rs.1,000/ - towards cost of litigation.

(2.) THE facts of the case before the District Forum are that the complainant?s son, Shri Ashish Jain had obtained HDFC Children Double Benefit Plan Policy bearing No.10405812 dated 21.10.2005 for a sum of Rs.73,731/ - with equal sum under accident benefit, yearly premium was Rs.5,000/ - and the policy was to mature on 21.10.2019. It was averred in the complaint that the complainant had regularly paid premium for 3 complete years and on 15.11.2008 he met with an accident near Nalghar Chowk, Raipur and died. The accident was reported to the police. The complainant gave intimation to the insurer and laid claim. However, the OPs had sent a discharge voucher dated 16.12.2008 without mentioning payable amount. Thereupon the complainant contacted the Office and by way of letter dated 19.12.2008 she demanded full payment of the assured sum together with accident benefit. OPs sent cheque No.336353 for a sum of Rs.18,893/ - with covering letter dated 20.03.2009. The complainant refused to accept the check and returned it to OP no.1 as the amount paid was insufficient. The complainant?s son had paid premium continuously for

(3.) ON the basis of material placed before it, the District Forum came to the conclusion that the complainant was entitled to get full amount together with accident benefit and interest on the said amount @ 6% p.a. from the date of complaint and Rs.1,000/ - towards cost.