Orissa

Jharsuguda

CC/106/2017

Mst.Renu Devi W/O- Late Bambam Sing - Complainant(s)

Versus

Branch Manager Golden Multi Service Club of G.T.F.S, - Opp.Party(s)

T.K. Singh

03 Apr 2018

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER COMPLAINT CASE NO. 106 OF 2017

Mst. Renu Devi (35 Yrs.),

W/O- Late Bambam Singh,

R/O- IB Pit Lamtibahal, PO- Lamtibahal,

PS- Brajrajnagar, Dist- Jharsuguda, Odisha.………….….…………Complainant.

 

                                                 

Versus

 

1. Branch Manager,

Golden Multi Services Club of G.T.F.S,

AT/PO- Rourkela, Dist- Sundargarh, Odisha.

 

2. Golden Trust Financial Services,

16, R.N.Mukherjee Road (1^st Floor),

Kolkata-700001 (W.B).

 

3. National Insurance Company Limited,

National Insurance Building,

Ground Floor, Division – III,

8, India Exchange Place, Kolkata- 700001(WB)..…..….……..Opp. Parties

 

Counsel for the Parties:-

For the Complainant                                Shri R.K. Sharma, Adv. & Associates.

For the Opp. Party No.1&2                    Shri Nilakantha Das, Adv. & Associates.        

For the Opp. Party No.3                        Shri A.K.Mishra, Advocate

 

Date of Order: 03.04.2018

 

Present

1. Shri Sundar Lal Behera, President.

 2. Shri Santosh Kumar Ojha, Member.

  3. Smt. Anamika Nanda, Member (W).

 

Shri S. L. Behera, President: - The brief facts of the complainant’s case is that, the complainant’s husband had insured under Group Janata Personal Accidental Insurance Policy from the O.P.No.3 through O.P.No.1 and O.P.No.2.  The insurance period is from dt.08.04.2004 to 07.04.2019 for sum assured Rs.2,00,000/- only  which covered accidental death/loss of limbs/permanent total disablement of the insured. The said husband of complainant expired in electrical shock on dtd.17.04.2016.  The complainant informed the incident to the police vide Brajrajnagar Police case No. 09 of 2016.  The complainant visited to the O.P.No.1 who suggested to submit the plain to O.P.No.3.  The complainant requested the O.P.No.3 through a writing a letter dtd. 13.06.2016 and dtd.02.08.2016 for insurance claim.  The complainant received a letter dtd.28.01.2017 from the O.P.No.3  and as per their advise the complainant submitted the claim form to the O.P.No.3.  The complainant contacted several times for settlement of insurance claim but no result from the O.Ps., hence this case.   

The O.Ps. appeared through their counsel after being noticed. The O.P.No.1 and 2 submitted that and submitted that they act as a facilitator to the said insurance coverage and not as authorized agent/corporate agent/institutionalized agent of the insurance company.  The authority to settled the insurance claim is solely with the insurer (O.P.No.3).  The O.P.No.3 admitted the fact of insurance and after receiving incomplete claim form from the complainant sent reminder dtd. 25.05.2017 demanding relevant documents but the complainant instead of submitting document she file this case.  Till date the O.P.No.3 is awaiting the said documents from the petitioner and claim file is not disposed of.  Both the O.Ps. prayed for dismissal of case.  

Heard and perused the case record along with materials available. The fact of insurance of complainant’s husband is not disputed by the O.Ps.  The O.P.No.1 and 2 presented themselves as a facilitator of O.P.No.3 which is also not disputed by the O.P.No.3. The O.P.No.3 not yet repudiated the claim of complainant as the complainant has not provided some of the required documents. As the insurance policy of the complainant is not disputed by the O.Ps. the complainant is eligible to get the insurance claim.

On the above mentioned facts and circumstances, we are in considered opinion to allow the complaint case with directions to the O.P.No.3 to pay Rs.2,00,000/-only as  sum assured alongwith pay Rs.5,000/-(Rupees five thousand) only  towards harassment, mental agony and cost of the case to the complainant with in 30 (thirty) days from the date of receipt of this order, failing which the O.P.No.3 shall be liable to pay interest @ 10% per annum on the aforesaid awarded amount till realization.

            Accordingly the case is disposed of.

Order pronounced in the open court today the 03^th day of April’ 2018 and copy of this order shall be supplied to the parties as per rule. 

 

           I Agree                                   I Agree.

                                         

       A.Nanda, Member(W)           S.K.Ojha, Member            S. L. Behera, President                 

Dictated and corrected by me

 

      S. L. Behera, President.