The Complainants have filed this case alleging deficiency-in-service by the O.Ps, where O.P No.1 is the Aviva Life Insurance Company India Limited, Being represented through its Authorised Signatory-cum-the Director Operation, Gurgaon, O.P No.2 is the Branch Manager, Aviva Life Insurance Company India Limited, Balasore Branch and O.P No.3 is Sri Ajay Kumar Giri, At/P.O- Balim, Via- Kamarda, P.S- Bhograi, Dist- Balasore.

                    2. The case of the Complainants in brief is that one “AVIVA WEALTH BUILDER_E07” was issued in favour of the Complainant No.2 (husband of the Complainant No.1) vide policy No.10082389, subsequently assigned in favour of Kadambini Singha (mother of the Complainant No.2) by virtue of letter dtd.15.09.2014 of O.P No.1, wherein the Complainant No.1 is the nominee and the Complainant No.2 is the sole legal heir. The O.P No.3 is the insurance agent and the policy was booked and annual premium amount of Rs.82,472/- (Rupees Eighty two thousand four hundred seventy two) only was paid before O.P No.2. The said policy was issued for a term of 15 years for Rs.8.00 Lacs (Rupees Eight lakhs) only with date of maturity is on 13.12.2018. Policy holder Mrs. Kadambini Singha died on 07.10.2014 during currency of the above said policy. Accordingly, the Complainant No.1 being the nominee lodged death claim along with required documents and contacted the O.Ps in several occasions in the matter. Though the Complainants had appraised the O.Ps in detail about fact and circumstances for due consideration, but the O.Ps did not pay any heed to it. The O.Ps are not only harassing the Complainants, but also trying not to settle the genuine claim of the Complainant. Neither the Complainant No.1 nor the policy holder has suppressed anything to the O.Ps. Thus, the Advocate of the Complainants vide his notice dtd.13.01.2016 requested the O.Ps for payment of legitimate death claim of the Complainants within 15 days of receipt of such notice, but in vain, which amounts to deficiency in service and unfair trade practice by the O.Ps, causing mental agony and financial loss to the Complainants. Although in a similar case, in respect of policy No.TDW3176353, the husband of the Complainant No.1 (here the Complainant No.2) has duly received the amount to a tune of Rs.4,28,000/- (Rupees Four lakhs twenty eight thousand) only from these O.Ps, but the O.Ps are playing hide and seek in respect of the present insurance policy in question and not paying the dues to the Complainants. During the pendency of the present case, again on 18.11.2016, the Complainant No.1 resubmitted the documents as required by the O.Ps, in the Office of the O.Ps No.2 and the O.Ps No.2 has duly received the same. However, the O.Ps No.1 and 2 by virtue of their letter dtd.20.03.2017 (at a much belated stage), addressed to the Complainant No.2, not only admitted to pay Rs.24,571/- (Rupees Twenty four thousand five hundred seventy one) only (instead of agreeing to settle/ pay the sum assured amount), but also again asked for certain documents, which is not only illegal, but also arbitrary. Cause of action to file this case arose on 13.01.2016. The Complainants have prayed for payment of death claim amount with interest along with compensation for mental agony and litigation cost.

                    3. Written version filed by the O.Ps No.1 and 2 through their Advocate, where they have submitted that Mr. Arun Kumar Singha, after going through the key features, documents and sample illustration of the projected maturity value, submitted the proposal form on 13.12.2013 for issuance of an insurance policy namely “Aviva Wealth Builder” and on the basis of proposal form, the Complainant was issued an “Aviva Wealth Builder” policy bearing No.10082389 by the O.Ps-Company commencing from 13.12.2013 for a sum assured of Rs.8.00 Lacs (Rupees Eight lakhs) only with an annual premium of Rs.81,236/- (Rupees Eighty one thousand two hundred thirty six) only for a premium payment term of 15 years. At the time of issuance of the policy, Mr. Arun Kumar Singha was provided with the policy documents consisting of the policy schedule, the ‘Right to Reconsider’ notice, a copy of the proposal form, the first premium receipt and the Standard terms and conditions of the policy. Thus, the Complainant had an option to cancel the aforesaid policy within 15 days of his receipt of the policy documents in case he was not satisfied with any of its terms. In such circumstances, the policy holder is entitled to entire refund of the premium paid subject to nominal deductions. The policy documents were dispatched to the Complainant and duly received by Mr. Arun Kumar Singha without any objection from him during the free look period, therefore the terms of the policy are strictly binding upon him. On 12.09.2014, an assignment request was received by the O.Ps No.1 & 2-Company and acting upon the said request, the O.Ps No.1 & 2-Company vide letter dtd.15.09.2014 duly assigned the aforesaid policy in the name of his mother Mrs. Kadambini Singha. However, as per version of the Complainant, Mrs. Kadambini Singha died on 07.10.2014, but no intimation was received by the O.Ps No.1 & 2-Company regarding her death. The Complainant has not filed any claim till date before the O.Ps No.1 & 2. However, the O.Ps No.1 & 2 are still ready to consider the claim of the Complainant, if he files the same before them along with all the medical and financial documents. Thus, the claim of the Complainant being devoid of any cause of action is liable to be dismissed with cost.

                    4. Though sufficient opportunities were given to O.P No.3, but he has not appeared in this case. The O.P No.3 is set ex-parte.

                    5. In view of the above averments of both the Parties, the points for determination of this case are as follows:-

(i) Whether there is any cause of action to file this case ?

(ii) To what relief the Complainants are entitled for ?

                    6. In order to substantiate their claim, the Complainants have filed certain documents as per list, whereas the O.Ps have not filed any documents in their support. Perused the documents filed. It has been argued on behalf of the Complainants that originally Sri Arun Kumar Singha-the Complainant No.2 was the policy holder and subsequently, Kadambini Singha (mother of the Complainant No.2) became the policy holder by way of assignment, who had died on 07.10.2014 during the currency of the above said policy. But, no death claim has been settled though the O.P No.2 admitted to pay Rs.24,571/- (Rupees Twenty four thousand five hundred seventy one) only. The fact of admitting to pay Rs.24,571/- (Rupees Twenty four thousand five hundred seventy one) only as revealed from the document filed by the Complainants though not marked as annexure, which is on different way and that fact has been entered in the pleading of the Complainants after due amendment. After approaching several times to the O.Ps for settlement of death claim by the Complainants, when they found no result, they came to this Forum praying for payment of death claim amount with interest along with compensation and litigation cost. On the other hand, it has been argued on behalf of the O.Ps No.1 and 2 that no death claim has been received though the policy holder- Kadambini Singha died on 07.10.2014 and no intimation has been received by the O.Ps No.1 and 2 regarding her death, but this fact is not correct as per the document filed by the Complainants as discussed earlier though not marked as annexure. Further, though the Complainants have not filed the death claim, but the O.Ps No.1 and 2 are ready to consider the claim of the Complainants, if they file the same before them along with all the medical and financial documents. On the other hand, during argument, the Advocate for O.Ps No.1 and 2 has admitted that the O.Ps have no objection if death claim is disbursed in favour of the Complainants and also a memo has been filed to this effect. The O.P No.3 has set ex-parte as mentioned earlier.

                    7. So, in this background, though the Complainants have submitted the death claim and the O.Ps No.1 and 2 have received the same and copy of death claim has been filed in this Forum, but nothing has been shown that it was received by the O.Ps No.1 and 2. The O.Ps No.1 and 2 have already denied that they have not received any death claim from the Complainants. So, in the peculiar circumstances of the case, the Complainants are to be directed to file fresh death claim form along with all relevant documents before the O.Ps within 30 days of receipt of this order and the O.Ps No.1, 2 and 3 are jointly and severally liable to settle the death claim as per law within next 30 days after receipt of the death claim form from the Complainants, which meets the ends of justice in this case. There is no compensation and no litigation cost in the peculiar circumstances of the case. Hence, Ordered:-

                                                     O R D E R

                         The Consumer case is allowed in part on contest against the O.Ps No.1 & 2 and on ex-parte against the O.P No.3, but in the peculiar circumstances without cost. The Complainants are directed to file fresh death claim form along with all relevant documents before the O.Ps within 30 days of receipt of this order and the O.Ps No.1, 2 and 3 are jointly and severally directed to settle the death claim as per law within next 30 days after receipt of the death claim form from the Complainants.

                         Pronounced in the open Forum on this day i.e. the 16th day of February, 2019 given under my Signature & Seal of the Forum.