STATE CONSUMER DISPUTE REDRESSAL COMMISSION
BIHAR, PATNA
Appeal No. 01 of 2016
Nazm Tara @ Nazma Tara, Wife of Late Sheikh Rafi Ahmad Siddique, Resident of Village- Piyaur, Post Office- Gai Ghat, District- Siwan, presently residing C/o- Aftab Alam, Resident of Village- Suraliya, PS & PO- Barharia, District- Siwan
… Appellant/ Complainant
Versus
1. The Branch Manager, Life Insurance Corporation of India, 546 Branch, Siwan Mahadeva Road, Siwan, District- Siwan
2. Md. Naimuddin Ansari, agent L.I.C. Code No. 30821546, Resident of Village- Hussainganj, Police Station & PO- Husainganj, District- Siwan.
…. Respondent/ Opposite Parties
Counsel for the appellant: Adv. Amir Alam
Counsel for the Respondent: Adv. Ajay Kumar
Before,
Hon’ble Mr. Justice Sanjay Kumar, President
Mr. Ram Prawesh Das, Member
Dated 18.04.2023
As per Sanjay Kumar, President.
O r d e r
- Office has reported copy of judgment and order dated 27.11.2015 was furnished on 04.12.2015 and appeal was filed on 04.01.2016. The appeal was admitted on 07.01.2016.
- Present appeal has been preferred by complainant/appellant for setting aside the judgment and order dated 27.11.2015 passed by District Consumer Forum, Siwan in Consumer Complaint case no. 22 of 2015 whereby and whereunder the complaint case filed by complainant/appellant has been dismissed.
- Briefly stated the facts of the case is that husband of complainant Sheikh Rafi Ahmad Siddique had purchased on 27.10.2007 a Life Insurance Policy from LIC of India namely Jeevan Surbhi Beema for sum assured amount of Rs. 5,00,000/- having maturity period of 20 years through agent of LIC in which complainant has been made nominee.
- Husband of complainant through LIC agent paid premium of policy till 2010. Husband of complainant went to Saudi Arabia in connection with job where he died on 27.01.2011 due to heart failure. The dead body of husband of complainant was brought to his native village from Saudi Arabia where he was buried.
- Complainant submitted a claim form to LIC of India for payment of sum assured amount on account of death of her husband during validity period of insurance policy along with relevant documents i.e Death certificate issued from Saudi Arabia, Medical certificate as well as LIC Bond of Insurance policy; however no steps was taken by LIC of India to settle her claim, complainant approached the District Consumer Forum for payment of sum assured amount with interest as well as grant of compensation for physical and mental harassment and cost of litigation.
- On notice LIC of India (O.P. no. 1) appeared and filed its written statement stating therein that complaint case is time barred. Premium was to be paid every six months and husband of complainant paid only 3 premiums i.e October, 2007, April, 2008 & October 2008, however on 27.12.2010 the insurance policy was revived although insured on said date was abroad.
- It was further contended that husband of complainant was admitted in Hospital on 25.01.2011 for treatment and died on 27.01.2011 and insured had violated the terms and conditions of insurance policy as such complainant is not entitle for any relief as prayed in complaint case. There has been no deficiency in service by O.P. no. 2.
- O.P. no. 2 also appeared and filed his written statement stating therein that he is appointed by LIC for identification of insured only and it is responsibility of the insured to pay the premium and get the receipt. There is no deficiency in service on his part.
- The District Consumer Forum after hearing both the parties and considering materials available on record held that husband of complainant had purchased Life Insurance policy through O.P. no. 2 (agent of LIC) and thereafter husband of complainant went abroad to Saudi Arabia for job and insurance policy lapsed on 30.11.2009 due to non-payment of premium even after grace period.
- It has further been held that on 27.12.2010 the policy was revived on wrong assertion as husband of complainant was abroad at that time. Physical presence of insured was necessary at the time of revival of policy for his medical checkup.
- The District Consumer Forum has further held that insured died on 27.01.2011 but complainant submitted claim form to O.P. no. 2 on 03.08.2015 and filed complaint case on 29.01.2015 as such her complaint case was time barred and accordingly dismissed the complaint case as time barred.
- Heard counsel for the parties.
- The complaint case of complainant was dismissed being time barred as she filed complaint case after 3 years of cause of action. The insured died on 27.01.2011 whereas complaint case is to be filed within 2 years from the date of cause of action.
- The judgment and order dated 27.11.2015 Passed by District Consumer Forum, Siwan in Complaint case no. 22 of 2015 is not sustainable in eye of law for following reasons:
- Complainant had submitted her claim form on 30.04.2011 but LIC neither closed the claim case nor repudiate the claim case and her claim case remained pending before LIC for latches on part of LIC.
- Non-payment of sum assured is continuous cause of injury and as such it a continuing wrong and cannot be rejected as time barred.
- Complaint case has been dismissed being time barred as such District Commission cannot enter into the merit of case.
The complaint case been filed within time.
For the reasons stated above, the appeal is allowed and the judgment and order dated 27.11.2015 passed by District Consumer Forum, Siwan in Consumer Complaint case no. 22 of 2015 is set aside and matter is remanded to the District Consumer Commission, Siwan to be decided on its own merit.
(Ram Prawesh Das) (Sanjay Kumar,J)
Member President
Md. Fariduzzama
