Karnataka

Bidar

CC/8/2015

Sulochana W/o Late Ashok - Complainant(s)

Versus

Birla Sunlife Insurance Co. - Opp.Party(s)

Hanmanthrao S.Adv.

07 Nov 2016

ORDER

::BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,AT BIDAR::

 

 

                                                                                                                 C.C.No 08/2015.

                                                 

                                                                                                 Date of filing : 28/02/2015.

 

                                                                                             Date of disposal : 07/11/2016.

 

P R E S E N T:-                (1) Shri. Jagannath Prasad Udgata,

                                                                                         B.A., LL.B.,

                                                                                                       President.

    

                                           (2) Shri. Shankrappa (Halipurgi),

                                                                                 B.A.LL.B.,

                                                                                           Member.

 

                                   

 

                                               

COMPLAINANT/S:               Ms. Sulochana, W/o Late Ashok,

                                                Age: 50 Years, Occ: House hold,

                                             R/o H.No.1/56, Malchapur,

                                                 Tq: Bhalki, Dist: Bidar.

 

              

 

 

                                            (By Sri. Hanmanthraya.S., Advocate )

 

                                                     VERSUS

 

OPPONENT/S   :-                 Birla sun life Insurance Company Ltd,

                                               53 Dina Building Maharishi Karve Road,

                                               Marine Lines Mumbai-400 002,

                                    Registerd office G.Corp. Tech Park 6^th

                                             Floor, Kasar Vadavali Ghodbunder road,

                                 Thane West-400 601.

 

 

                                            ( Ex parte.,)          
                                         

 

 

::   J UD G M E N T  : :

 

 

 

By Shri. Shankrappa, Member.

 

                    The present complainant u/s 12 of the C.P.Act, 1986 is by a widow, alleging deficiency of service in the part of the opponent describing her grievances as here under:-

 

2.              That, the husband (late) of the complainant by name Ashok Sharanappa Jante had obtained policy No.005094722 from the opponents for an alleged sum of Rs. 2,38,320/- by paying a premium of Rs 15,000/- at the Branch Office of the opponent at Bidar and the same was accepted by the later on 06.09.2011.  The complainant has only submitted the first page of the concerned receipt (Ex P1) of the subsequent year and the policy is not enclosed.   Hence sum assured is not forthcoming from the documents.

 

 

                   

3.                The complainant further submits that, subsequent premium was also paid by her late husband but, on 28.06.2013, Shri Ashok expired as is evident from the attested copy of the death certificate as Ex.P2.  The complainant raising claim, as nominee of the policy to get the insurance value, the opponents refuted the same vide its correspondence date: 31.12.2013, (Ex P3) stating that, the deseased insured was suffering from Hypertension, Type II diabetes prior to purchase of the policy, had not disclosed about the same truth-fully in the application for insurance and had succumbed to death due to complications of the aforesaid deseases and thereby, the opponent not liable to pay the insured sum or benefits of the policy concerned.  In the same correspondence, in the last para, liberty was given to the complainant to register dissatisfaction justifying grounds before The Claims Redressal Machinery.  As per the copy of such dissatisfaction Ex. P4, the  complainant on 20.01.2014, had registered her dissatisfaction (protest) with the opponent to no avail and hence, she is before us with the instant compliant.

 

4.                 From the records it is evident that, abinitio though there was an office objection on the point of jurisdiction, at a later point, the complainant had amended the complainant by inserting para 1-a to the Corollary, stating that, the premium was paid at the Bidar branch of the opponent company thus bringing the matter to the ambits of this Forum.

 

5.                      It is further revealed from the record that, though the opponent was duly served the court notice had not put up appearance and was placed exparte on 08.09.2015.  The entire allegations of the complainant have remain undisputed throughout and  thereby without resorting to exercise and fix points of considerations, we proceed to pass the following orders, basing on the evidence affidavit, written argument filed by the complainant.  Here we note that, the complainant has not produced the policy but only a receipt of the subsequent years payment ( Ex P1- only first page) date: 10.09.2012, which proves that, the policy was in force at the time of death on 28.06.2013, and hence the opponent Insurer is liable to pay the Insured value together with other benefits and there is a deficiency of service.

 

     ::ORDER::

 

           

 

1. The complaint is allowed.
2. The opponent Insurance Company is hereby directed to pay the sum assured of the policy bearing No.005094722 issued to Late Ashok Sharanappa Jante together with all other benefits accrued to it.
3. The opponent is further directed to pay interest @ 12 % p.a. on the Insured amount from the date of death of the policy holder i.e., 28.06.2013 till date of realisation.
4. The opponent is directed further to pay a  compensation of Rs. 10,000/- for the deficiency of services.
5. Office to collect penalty amount ofRs.200/- levied on04.02.2016 before providing copy of the order.

f)   Four weeks time is granted to comply this order.

 

 ( Typed to our dictation then corrected, signed by us and then pronounced in the open Forum on this 7th  day of  November-2016 )

 

 

 

               Sd/-                                                               Sd/-

Sri. Shankrappa H.,                                             Sri. Jagannath Prasad,                                  

       Member.                                                                   President                                              

Documents produced by the complainant

1. Ex.P.1- First page of the premium receipt date: 10.09.2012.
2. Ex.P.2- Attested copy of death certificate.
3. Ex.P.3- Repudiation letter date: 31.12.2013.
4. Ex.P.4-Letter recording dissatisfaction /Protest (copy)
                date:20.01.2014.

 

Documents produced by the Opponent/s

 

-Nil- (placed ex parte.)

 

            Sd/-                                                               Sd/-

Sri. Shankrappa H.,                                             Sri. Jagannath Prasad,                                  

       Member.                                                                   President

 

Sb..