The complainant Musmat Usha Devi has filed this complaint petition against Branch Manager, Life India Insurance Corporation Motipur, Muzaffarpur and one another for realization of Rs. 50,000/- as death claim with 18 % p.a. interest and Rs. 25,000/- as mental and physical harassment.
The brief, facts of the case is that husband of the complainant namely Mahesh Paswan had purchased a Life Insurance Policy bearing No.-532766635 for Rs. 50,000/- from o.p no.-1 in which the complainant is nominee. The further case is that on 09-03-2010, the husband of the complainant namely Mahesh Paswan died in a road accident and the claimant filed a death claim before o.p no.-1 as nominee. The further case is that due to negligence of o.p no.-1, he didn’t pay the claim amount to the complainant rather he paid the same to another person.
The complainant has filed the following documents with the complaint petition - Photocopy of legal notice annexure-1, photocopy of petition of complainant to B.M. annexure-2, photocopy of petition of complainant to B.M. dated 19-08-2013 annexure-3, photocopy of notices issued by B.M. to Munni Devi to deposit Rs. 14,850/- annexure-4, photocopy of letter of B.M. to advocate Amar Hasan dated 22-04-2014 annexure-5.
On issuance of notices, the o.ps appeared and filed their w.s. on 23-01-2015 with prayer to expunge o.p no.-1 & 2 from the case. It has been mentioned in the w.s. that the claim petition is false, frivolous, baseless and is not legally maintainable as the same is not based on merit. It has been further mentioned in the w.s. that the claimant has no right or cause of action to file the case. It has been further mentioned that the claim petition is bad for mis-joinder, non – joinder of necessary parties. It has been further mentioned that there is no deficiency in service or negligence cct on the part of Insurance Company. It has been further mentioned in the w.s that the nominee/applicant Usha Devi gave the NEFT form with account No. of Munni Devi in place of her own account no., in the L.I.C. It has been further mentioned that the L.I.C Motipur Branch paid the claim through ‘NEFT’ In account no.-465610110005065 which was provided by claimant in the L.I.C NEFT form alongwith photocopy of passbook, bank of India, Kanti Muzaffarpur. It has been further mentioned that as per the L.I.C law and circulars, the claim payments have to be made through NEFT in the account no- being provided by the claimant in the NEFT form and in this case also the same procedure was adopted without any prejudice and the claim amount was delivered in the account provided by the claimant through NEFT. The photocopy of the filled up claim form by nominee Usha Devi with NEFT form and pass book have been annexed as annexure-I. It has been further mentioned that nominee/applicant has admitted in a letter given by her to L.I.C that she had given all papers to one Virendra Paswan to help her, to get the claim amount shown from the L.I.C. when the agent Upendra Mandal failed to do so in two months. It has been further mentioned that later Virendra Paswan with one nominee known as Munni Devi played fraud with the nominee. It has been further mentioned that she later came to know that due to forgery and connivance of Virendra Paswan and her relative Munni Devi, she gave the copy of Bank Pass book and account no. of Munni Devi in NEFT Form.
Issuance of Policy Bearing No.- 25276635 in the name of Late Mahesh Paswan is an admitted fact. There is no dispute that the claimant is not nominee of the D.L.A.
The complainant Usha Devi has filed a photocopy of written petition given to B.M. L.I.C Motipur (annexure-2) in which she has admitted that after death of her husband she requested agent Upendra Mandal for realization of Sum assured with all the papers. After 2 months he expressed his inability for getting the Sum assured. She has further stated in the petition that in the mean time one Virendra Paswan who was standing there asked her that he will got realise the sum assured and he obtained all the papers from the complainant. She has further stated in the same petition that after passing many months she didn’t get the sum assured then she went in the office of L.I.C. and got information that the sum assured has been paid. She has also annexed a petition dated 19-08-2013 ( annexure-3) in which she has stated that the claim amount has been transferred through NEFT in the account of One Munni Devi. On behalf of o.p annexure-I has been filed to show that the death claim amount was paid in the account of one Munni Devi and the bank has issued a notice to her.
On behalf of complainant status report of policy No.-532766635 has been filed to show that the amount of sum assured was paid. On behalf of complainant photocopy of passbook of Usha Devi bearing S/B account no. – 465610110005065 has been filed as annexure-6.
The complainant has also filed a letter dated 22-04-2014 (photocopy ) of L.I.C to Amar Hasain Advocate annexure-5 in which It has been mentioned that claim amount was paid through NEFT in the account No. as provided by the claimant/nominee. So, it is clear that the claim amount was paid in the Saving Account No.- as provided by claimant. NEFT Form has also been annexed on behalf of o.p to show that Usha devi has mentioned the above account no in her NEFT claim and claimants statement.
The complainant has not adduced any evidence contrary to the above facts, so on the above discussion and material available of record, we are of the considered opinion that there is no deficiency on part of o.ps and they paid the sum assured in the account no. and claim NEFT furnished by the complainant.
As regards the payment of sum assured in the account of another, who didn’t pay the same to the nominee, there is fraud on her part and part of one Virendra Kr., So there is criminal liability against the above persons.
In the circumstances the complaint petition is dismissed.
