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Judgment
THIS revision petition has been filed by the petitioner/complainant against the order dated 31.1.2012 passed by the learned Haryana State Consumer Disputes Redressal Commission, Panchkula (in short, ''the State Commission '') in F.A. No.688/2011 Reliance General Insurance Co. Ltd. & Ors. Vs. Rajender Singh by which order of District Forum allowing complaint was set aside.
BRIEF facts of the case are that petitioner-complainant ''s daughter Rekha died on 3.9.2008 on account of burning from stove. Complainant informed OPs and demanded compensation under Rajiv Gandhi Parivar Bima Yojna Scheme and completed all the formalities. Claim of the complainant was sent by OP No. 2 to OP No. 4 but no compensation was awarded, hence, filed complaint. Opposite parties filed reply and OP Nos. 1 to 3 submitted that they forwarded claim to OP No. 4 and OP No.4 submitted that complainant neither purchased insurance policy nor paid any premium to OP No. 4 and further alleged that deceased died on 3.9.2008, whereas documents were sent to OP No. 4 in November, 2009, hence, there was no deficiency and complaint may be dismissed. Learned District Forum after hearing both the parties allowed the complaint and directed OP No. 4 to pay Rs.1,00,000/- to the complainant/petitioner along with interest @ 9% p.a. and Rs.1,000/- as cost. On appeal, learned State Commission vide impugned order dismissed the complaint on the ground that complaint was time barred. Heard the learned Counsel for the petitioner at the admission stage and perused record.
Perusal of policy reveals that legal heirs of insured were required to submit documents to Sub-Divisional Officer (Civil)/Nodal Officer who will recommend the case for releasing the payment. Compensation amount in the form of bank draft or cheque was to be prepared by the Insurance Company within a period of 72 hours of the receipt of the documents and as per clause 9 of the policy, insurer had no right to reject the claim at his own level and in case of doubt, claim had to be referred to Nodal Department. In such circumstances, we deem it proper to issue notice to the respondent, returnable on 21.2.2013.