GOLDEN TRUST FINANCIAL SERVICES Vs. SUKLA ROY

JUDGEMENT

(1.) AGGRIEVED by order dated 7.2.2011 passed by State Consumer Disputes Redressal Commission, West Bengal (for short, 'State Commission '), petitioner have filed this revision petition.

(2.) FACTS in brief are that husband of respondent no.1/complainant was insured under the Janata Personal Accident Insurance Policy with New India Assurance Company Ltd. (respondent no.2/O.P. No.1) through Golden Trust Financial Services (Petitioner No.1/O.P. No.3) on 23.03.2002 vide Insurance Policy for a sum of Rs.4,00,000.00, valid up to 22.03.09 (Midnight). Husband of respondent no.1 expired in a road accident on 12.05.08, for which information was given to the petitioner on 31.07.2008. Respondent no.1 also furnished all relevant documents to the petitioners who forwarded the same to respondents no.2 and 3 on 05.01.2008. Respondent no.1 also visited their Office and requested them to consider her claim, but they did not pay any heed. So, respondent no.1 served a legal notice to them. Despite service of notice they did not care to disburse the insured sum under the policy. Hence, complaint case was filed before Disrict Consumer Disputes Redressal Forum, Siliguri (for short, 'District Forum ').

(3.) ON the other hand, respondents no.2 and 3 have taken the defence in their written statement that respondent no.1 -complainant did not submit her claim to them within one month after the event of the alleged accident. Therefore, mandatory provisions have not been complied and as such respondent no.1 is not entitled to get the insured amount.