Case nº Revision Petition No. 2445 Of 2015, (Against the Order dated 11/08/2015 in Appeal No. 1139/2014 of the State Commission Punjab) of National Consumer Disputes Redressal Commission, November 24, 2016 (case SBI Life Insurance Company Limited Vs Nirmal Singh)
| Judge | For Appellant: Mr. Kapil Chawla, Advocate and For Respondents: Mr. Vikas Nautiyal, Amicus Curiae with respondent in person |
| President | Mr. K.S. Chaudhari,Presiding Member |
| Resolution Date | November 24, 2016 |
| Issuing Organization | National Consumer Disputes Redressal Commission |
Order:
K.S. Chaudhari, Presiding Member
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This revision petition has been filed by the petitioner against the order dated 11.08.2015 passed by the State Consumer Disputes Redressal Commission, Punjab, Chandigarh (in short, ''the State Commission'') in Appeal No. 1139/2014 -- SBI Life Ins. Co. Ltd. & Anr. Vs. Mr. Nirmal Singh by which, appeal was dismissed.
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Brief facts of the case are that Smt. Kamlajit Kaur wife of the Complainant / Respondent was holding an Insurance Policy bearing no. 93000000105 issued under SBI Dhan Raksha Plus LPPT Loan Scheme LAN-31464176067 issued on 27.10.10 valid upto 26.11.26 of the OPs/Petitioner. The complainant is having the said death claim policy since long and time to time renewed it from the OPs company. At the time of getting the said policy renewed and at the time of taking the said death claim policy the OPs got medically examined the wife of the complainant. At the time of the said insurance policy the OPs assured that all the benefits are included in the said policy. During the said period i.e. in the month of November, 2011 the wife of the complainant Smt. Kamaljit Kaur suffered some severe heart attack and was got admitted in Pruthi Hospital, 301, Lajpat Nagar, Near Nakodar Chowk, Jalandhar and she unfortunately died. Thereafter, the complainant lodged a claim with the OPs vide letter dated 19.4.2012 which was duly received by the OPs. As per the demands raised by the OPs from time to time the complainant submitted all the requisite documents with the OPs and they always assured the complainant that within short period they will get the claim regarding the death of his wife Smt. Kamaljit Kaur. The complainant was astonished to receive the letter dated 15.12.11. with the reference that the claim of the complainant has been rejected. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP resisted complaint and submitted that the complaint was filed by the complainant before Insurance Ombudsman which was a quasi-judicial body, therefore, the present complaint was hit by Section 11 CPC under the principle of res-judicata; the complaint before the District Forum was not maintainable as the matter was already pending before the Insurance Ombudsman; the insurance contract was a contract of utmost faith and the DLA while taking the policy breached this principle as she was suffering from and was under treatment of diabetes mellitus Type II and hypertension...
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