DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KANDHAMAL, PHULBANI

                                                                                C.C.NO. 21 OF 2017

Present: Sri Rabindranath Mishra            - President.

                 Miss Sudhiralaxmi Pattanaik   - Member.

                  Sri Purna Chandra Tripathy       - Member.

Kabita Manjari Bhoi, aged – 47 years

W/O: Late Dillip Kumar Bhoi

At present C/O: Prahallad Sahoo

At/PO: Daspalla Dist: Nayagarh.                                               ……………………….. Complainant.

                                Versus.

1. Branch Manager,

L.I.C of India Phulbani AT/PO: Phulbani Dist: Kandhamal

2. Divisional Manager,

L.I.C of India, Berhampur At/PO:Berhampur Dist : Ganjam

3. Block education Officer

At/Po: Charichhak Dist: Boudh.

4. District Education Officer, Boudh

At/Po: Boudh Dist: Boudh                                                 .…………………………….. OPP. Parties.

For the Complainant: Sri P. Sahoo, advocate and his Associates.

For the OPP. Parties: Sri Bijay Kumar Mohanty,Advocate .

Date of Order: 29-11-2017

                                                                                         O R D E R

                                                The case of the Complainant in short is that her husband had one L.I.C Policy bearing No. 570382704 and she was the nominee, but unfortunately her husband died on 07-04-2007 in a Road accident. One G.R case has been registered .The said policy was under salary saving Scheme. The Complainant requested the O.P No.1, the Branch Manager of Phulbani for settlement of the claim but O.P No.1 and 2 refused to settle the claim, as the policy was lapsed.Then, she intimated this matter to the Insurance Ombudsman on 27-10-2016. After hearing the complaint was dismissed.

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 Hence, she has filed this complaint for an award of Rs. 25,000 along with accidental benefit of Rs. 25,000/- along with compensation of Rs. 10,000/-, Rs. 10,000 as litigation cost and Rs. 15,000/- towards interest from the date of death of the policy holder till realization.

                                                The case of O.P No.1 & 2 as per their joint version is that the husband of the Complainant had a policy bearing No. 570382704 dated. 28-10-1999 for Rs.25,000/- under T-T-14-15(15) under Salary Savings Scheme which was lapsed in the month of December 1999 for non-payment of premium . As the death of the policy holder has taken place during the lapse period nothing is payable to the Complainant. As per the procedure of the policy, the policy holder has to pay the premium for the first 2 months and thereafter take steps for deduction of premium from his salary from the third month. In this case the policy holder had not taken any steps for deduction of premium from his salary from the month of December 1999. As a result of which the policy was lapsed from the month of December 1999 and it was not in force on the date of death of the policy holder .i.e. on 07-04-2007. The Complainant has sent a plain application without any document by registered post on 19-05-2015 for the first time to the O.P No.1 & 2. The O.P No.1 immediately submitted an reply by the registered post on 22-05-2015 stating that the above policy was lapsed since beginning of the policy and nothing is payable. On 26-10-2015 the Complainant again filed a plain application without any document to O.P No.2. So, there is no cause of action to file this case. The O.P No.3 & 4 submitted their written statement wherein it is stated that no premium was deducted from the salary of the deceased, policy holder. Hence, the complainant is not entitled to get any claim as well as compensation as claimed by her.  When the Basic Sum Assured on Death is not payable as per the terms and conditions of the policy, the question of Accidental death benefit does not arise. So, the complaint has no merit and the same is liable to be dismissed with cost.

                                                The case of O.P No.3 & 4 as per their joint version is that Late Dilip Kumar Bhoi was working under the control of the then District Inspector of schools, Boudh at present Block Education Officer, Boudh.He was transferred to Baring Primary School under the control of Block Development Officer , Harabhanga and joined on 07-04-2004. On verification of the Pay Acquaintance Roll of the Block Development Officer, Harabhanga, it was found that a sum of Rs. 873/- has been deducted as LIC premium from his salary. But the LIC policy No. was not available in the record.

                                                We have heard the learned counsel appearing for the Complainant and the O.P No.1 & 2. We have also heard the Block Education Officer of Harabhanga of the District Boudh on behalf of O.P No.3 & 4. We have gone through the complaint petition, the version filed by the O.P No.1 & 2 and also the version filed by O.P No.3 & 4. We have perused the copy of the documents filed by the Complainant in support of her case. It is an admitted fact that the husband of the Complainant Late Dilip Kumar Bhoi had started a LIC policy bearing No. 570382704 dated 28-10-1999 for Rs. 25,000 under salary saving Scheme. It is also admitted fact that the policy holder died on 07-04-2007 in a road accident. It is admitted that the Complainant is the nominee of the deceased policy holder being his wife and the policy covers with accidental benefit. It is submitted by the learned counsel of the O.P No.1 & 2 that the deceased policy holder had taken number of policy and only Rs.843/- was deducted

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from other 2 policies bearing no 370143038 and 570143043. It is the specific case of O.P No.1 & 2 that the policy was lapsed since December 1999. So, it is clear that the said policy was not in force on the date of death of the policy holder. No evidence is available in the record regarding the payment of premium   by the husband of the Complainant or his employer since December 1999. The policy holder died on 07-04-2007 and the policy was lapsed since December 1999 but no steps were taken by the deceased policy holder during the said 8 years to continue the policy. There is no evidence on behalf of the Complainant that the deceased policy holder has deposited the premium before the O.P No.1 and 2 through his employer since the starting of the policy which was under the Salary Savings Scheme. It is stated by the O.P No.3 & 4 in their version that a sum of Rs. 873/- has been deducted as LIC premium from the salary of the policy holder but the policy number was not available in their record. It is pointed by the learned counsel of the O.P No.1 & 2 that the deceased policy holder had taken number of policies and only Rs. 843/- was deducted for other 2 policies except the alleged policy.

                                                In the above circumstances it is crystal clear that no premium was deducted by the employer of the deceased towards this policy. Hence, there is no deficiency in service on the part of the Opp.Parties. Accordingly the complaint filed by the Complainant is dismissed on contest being devoid of merit without any cost.

                                                The C.C is disposed of. Supply free copies of this order to both the parties at an early date.

             MEMBER                                                                             MEMBER                                                    PRESIDENT