Date of filing:- 10/02/2020. Date of Order:-10/07/2023.
DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION,
B A R G A R H.
Consumer Complaint No. 17 of 2020.
Jhapu Patel, Son of Mangulu Patel, aged about 32 years, Resident of Malipada, Kushanpuri, Po. Kushanpuri, Ps/Tahasil. Barpali, Dist. Bargarh (odisha).
Complainant.
V e r s u s
- The Branch Manager, SBI, Life. Bargarh Branch, Bargarh At. Railway Station Road, Bargarh, Po/Ps/District. Bargarh (Odisha).
- The General Manager, SBI, Life, At. Corporate Office, Nataraj M.V. Road and Western Express High Way, Junction Andheri East, Mumbai 400069.
- The Branch Manager, SBI, Barpali Branch, Barpali, Po/Ps/Tahasil. Barpali, Dist. Bargarh (Odisha).
Opposite Parties.
Counsel for the Parties:-
For the Complainant :- :- Sri S.K. Sahu with Advocates.
For the Opposite Party No.1 & 2 :- :- Jagannath Sarangi.
For the Opposite Party No.3:- :- Ex-parte.
-: P R E S E N T :-
Smt. Jigeesha Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Smt. Anju Agarwal ..... ..... ..... ..... ..... M e m b e r (W).
Dt.10/07/2023. -: J U D G E M E N T:-
Presented by Smt. Jigeesha Mishra, President :-
- The Case of the Complainant is that the wife of the Complainant Binodini Patel was a bonafide policy holder of S.B.I. Life Insurance vide policy No. 76001000135 and Id.No. NSBIJB02012201828325857461. The wife of the Complainant has raised the said policy for her personal purpose under the Pradhan Mantri Jeevan Jyoti Bima Yojana on payment of requisite Premium for her health. On 14/04/2019 the wife of the Complainant died due to illness. The Complainant has placed the insurance claim before Opposite Party No.1 and 2. The Opposite party No.1 and 2 did not settle the claim of the Complainant. The Complainant has also approached the Opposite party No.3 but Opposite Party No.3 also denied to help.
Hence the Complainant filed this case before this Commission.
- The case of the Opposite Parties is that Opposite Party No.1 and Opposite Party No.2 filed their version. Opposite Party No.3 did not appear and did not file version. Sufficient opportunity has been given but Opposite Party No.3 did not turn up. Hence Opposite Party No.3 set exparte.
Opposite Party No.2 and 3 admitted that the deceased Life assured Mrs Binodini Patel was covered under Pradhan Mantri Jeevan Jyoti Bima Yojana under Master policy bearing no. 76001000135 with date of commencement of his insurance cover as 10/10/2018 for a basic sum assured of Rs.2,00,000/-(Rupees two lakh)only. It is also admitted that her husband Jhapu Patel is the nominee under the insurance cover. The Opposite Party No.1 and 2 submitted that the Opposite Parties did not received the claim intimation. The Opposite Parties came to know about the death ofMrs Binodini Patel only on receipt of the legal notice dated 13/12/2019. The Opposite Parties replied to the Legal notice vide letter dated 31/12/2019 and requested to submit claim documents. The Complainant did not submit the required documents.
Hence there is no deficiency on the part of the Opposite Parties.
- Perused the records and it reveals that Opposite Party No.1 and 2 sent a legal notice on 31/12/2019 in reply of legal notice dated 13/12/2019 and request to submit required documents. There is no deficiency on the part of Opposite Party No.1 and 2 as the Complainant has not lodged claim against the Opposite Party No.1 and 2. After perusal of documents it reveals that the Chief Manager Barpali Branch verified all the documents including death certificate of the deceased insured but did not place the claim near the insurance company and also did not submit the documents. Hence the insurance company could not settle the claim of the Complainant. S.B.I. is the master policy holder. Hence it is the duty of Opposite Party No.3 to claim insurance amount near Opposite Party No.1 and 2.
As the Opposite party No.3 did not place claim and did not submit documents, the Opposite Party No.3 is liable for deficiency in service.
As per supra discussion the following Order is passed.
O R D E R
The Complaint is allowed exparte against Opposite party No.3 and dismissed against Opposite Party No.1 and 2. The Opposite Party No.3 is directed to pay Rs. 2,00,000/-(Rupees two lakh)only to the Complainant within one month of this Order. Further the Opposite Party No.3 is directed to pay Rs. 25,000/-(Rupees twenty five thousand)only compensation for harassment and mental agony and Rs.5,000/-(Rupees five thousand)only for litigation expenses.
Failing which the entire amount will carry 12% interest P.A. till realization.
Order pronounced in open court on this 10th day of July 2023.
Supply free copies to the parties.
Typed to my dictation
and corrected by me.
I agree/-
( Smt. Anju Agrawal ) ( Jigeesha Mishra )
Dt.10/07/2023 Dt.10/07/2023
M e m b e r (w) P r e s i d e n t.
