DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KANDHAMAL, PHUBANI

                                                                      C.C NO. 05 OF 2014

Present : Sri Rabindranath Mishra - President

Miss Sudhira Laxmi Pattanaik - Member .

Sri Chakadola Mallick - Member .

Shyamasundr Sahu 35 years

S/O: Late Makar Sahu At : Gerupada

PO: Kelapad PS: Phiringia Dist : Kandhamal ….............. Complainant .

Versus .

1.Branch Manager ,

L.I.C of India , Phulbani

At/PO/PS: Phulbani Dist : Kandhamal

2.Senior Divisional Manager

L.I.C of India At Khodasingh Berhampur

PO/PS : Berhampur Dist: Ganjam ….............. Opp. Parties .

For the Complainant : Sri B. Pradhan and P.K Behera , Advocates

For the Opp. Parties : Sri Bijay Kumar Mohanty and his Associates .

Date of Order : 27-08-2014

O R D E R

The case of the Complainant in short is that his mother Late Bhanumati Sahu had purchased a policy from L.I.C of India , Phulbani Branch vide Policy No. 570603688 for Rs.25,000/-. She got Rs. 3,750/- two times with five years gap being the money back policy but she died on 25-07-2011 for which the Complainant as nominee applied for the death claim to the Opposite Parties on 09-09-2011. As the death claim has not been settled by the Opposite Parties, the Complainant has filed this complaint for settlement of death claim of his mother and to pay compensation of Rs. 20,000/-along with litigation expenses of Rs. 5,000/- only .

The case of the Opposite Parties as per their version is that as the Complainant did not submit the required documents along with his claim application form , the Opposite Parties were not able to settle the death claim in time . After submission of necessary documents by the Complainant, the Opposite Parties have sent a cheque bearing No. 0041989 dated 23-04-2014 for Rs. 21,311/- in the address of the Complainant . Hence, the opposite Parties are not liable to pay any compensation and litigation expenses as claimed by the Complainant .

We have heard the learned counsels of both the Parties . We have gone through the complaint petition , version of the Opposite parties and documents filed by the Complainant in support of this case . The learned counsel of the Complainant has submitted fairly that the Complainant has received the cheque giving by the Opposite parties for Rs. 21,311/-. But it is submitted by him that the Opposite Parties have settled claim after filing of the present complaint and after more than two and half years from the date of death of the mother of the Complainant .We find sufficient force on the submission of the learned counsel of the

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Complainant . No evidence was submitted by the Opposite Parties for calling any requirement from the Complainant for settlement of death claim . During the said period the claim dues of the Complainant remained with the Opposite parties for which the Complainant is entitled for interest . Hence, we allowed the complaint in part and the opposite Parties are directed to give 9% interest for annum on Rs. 21,311/- from the period of 09-09-2011 to 23-04-2014 (from the date of application of the Complainant) and Rs. 1,000/- towards cost of litigation . The Opposite Parties are further directed to comply this order within 30 days from the date of receipt of this order .

The C.C is disposed of accordingly. Supply free copies of this order to both the parties .

                        MEMBER                                                 MEMBER                                             PRESIDENT