IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.

CASE No.CC/13/2016  

 Date of Filing: 21.01.2016                                     Date of Final Order: 07.09.18

Complainant:  1) Elahi Box, S/O Late Akbar Mondal,

2) Piar Box Mondal,

3) Talep Mondal,

4) Alep Mondal,

                        5) Nasir Mondal,

6) Basir Mondal, All S/O Late Akbar Mondal

                          7) Fatema Bewa, W/O Late Kajem Ali.

                        All of Jagannathpur, P.S. Harihorpara, Dist- Murshidabad.

                          8) Ramecha Bibi, W/O Sukuruddi Sk. of Aminabad,

 P.S. Domkal, Dist- Murshidabad.

                         9) Nurecha Bibi, W/O Nasir Sk, of Pradipdanga,

P.S. Harihorpara, Dist-Murshidabad.

-Vs-

    Opposite Party:  The Branch Manager,

   LICI, Berhampore Branch,

   Berhampore, Murshidabad

   Pin-742101

Agent/Advocate for the Complainant : Sri Siddhartha Sankar Dhar

Agent/Advocate for the Opposite Party         : Sri Sougata Biswas

                       Present:   Sri Asish  Kumar Senapati…………………......... President.                              

                                         Smt. Chandrima Chakraborty ……………………..Member.

                                         FINAL ORDER

ASISH  KUMAR  SENAPATI,  PRESIDING  MEMBER.

This is a complaint under section 12 of the CP Act,1986.

One Elahi Box and 8 others  (here in after referred to as the Complainants) filed the case against the Branch Manager LICI Berhampore Branch (here in after referred to as the OP) alleging deficiency in service.

The sum and substance of the complaint case is as follows:-

One Yar Box Mondal had an LIC policy being No.420718980 who died leaving behind his wife Serina Bibi, father Elahi Box Mondal and mother Nahera Bibi as his legal heirs. Nahera Bibi and Elahi Box claimed their share from the OP and the OP asked them to bring succession certificate. Yar Box Mondal  and Nahera Bibi filed an application for succession certificate before the Ld. Civil judge (Senior Division) at Berhampore being Misc. Case No. 82 of 2005 and the Ld.Court declared the share of Elahi Box and Nahera Bibi to the extent of 5/12^th and 4/12^th share respectively. The Complainant No.1 and Nahera Bibi filed an application before the District Consumer Forum at Berhampore being CC Case No. 110/13 in which it was found that the policy Number was wrongly written in the succession certificate so, the case was dismissed.

 Thereafter, the policy number in the succession certificate has been rectified by an order of the Ld. Civil Judge (Senior Division) Berhampore, but the OP has not settled the claim of the petitioners.

Nahera Bibi died leaving behind her 5 sons, namely, Pian Box Mondal, Talep Mondal, Alep Mondal, Nasir Mondal, Basir Mondal, 3 daughters  namely, Fatema Bewa, Ramecha Bibi, Nurecha Bibi and Complainant No.1 as her heirs. As such the Complainant No.1 is entitled to get 5/12^th share and Complainant No. 1-9 are entitled to get 4/12^th share.

The OP refused to pay the amount on 06.10.15.  So the OP has deficiency in service. The OP put appearance and contested the case by filing written version on 21.09.16. The OP has stated in his written version that the complaint is not maintainable. It is the specific case of the OP that the OP asked the Complainant No.1 by sending a letter dated 07.03.16 by registered post to produce documents but the Complainants did not submit any document. If the Complainants submitted documents, the OP disbursed the amount lying in the said policy. There is no deficiency on the part of the OP and the OP never refused to pay the amount. The OP has prayed for a direction upon the Complainants to produce the documents before the OP for settlement of their claim.

On the basis of the above versions following points are framed for proper adjudication of the case :

Points for decision

1.  Are the Complainants  consumers under the provision of the CP Act, 1986?
2. Has this Forum jurisdiction to entertain the complaint?
3. Is there any deficiency in service on the part of the OP, as alleged ?
4. Is the Complainant entitled to get any relief, as prayed for?

Point No.1

The Ld. Advocate for the Complainants submits that the Complainants are consumers of the OP have their heirs of Yar Box Mondal who had a LIC policy being No.420718980. The Ld. Advocate for the OP has stated nothing on this point. Admittedly, one Yar Box Mondal had a LIC policy being No.420718980 and Yar Box Mondal is no more.

 The Complainants have claimed the sum assured value of the policy as heirs of Yar Box Mondal. Considering facts and circumstances, we are of the view of the Complainants are consumers in terms of the provision of the CP Act,1986.

Point No.2

The Ld. Advocate of the Complainants submits that the cause of action arose within territorial jurisdiction of this Forum and the claimed amount will also within pecuniary limit of the District Forum. The Ld. Advocate for the OP submits that the Complainant is not entitled to get any relief as there is no deficiency in service on the part of the OP.

   On a careful consideration over the materials on record, we find that there is a consumer dispute between the parties and the cause of action arose within territorial jurisdiction of this Forum. We find that, this Forum has pecuniary jurisdiction to entertain the complaint. Hence, we hold that this Forum has both territorial and pecuniary jurisdiction to entertain the case.

Point Nos. 3 & 4

The Ld. Advocate for the Complainants submits that Yar Box Mondal died leaving behind his wife Serina Bibi, father Elahi Box Mondal(Complainant No.1) and mother Nahera Bibi as legal heirs and succession certificate was granted in Misc. Case No.82 of 2005 by the Ld. Civil judge (Senior Division) Berhampore by declaring the share of Elahi Box and Nahera Bibi to the extent of 5/12^th and 4/12^th share. It is urged that Nahera Bibi died leaving behind the Complainants as her legal heirs so, the Complainant No.1 is entitled to get 5/12^th share and Complainants No.2-9 are entitled to get 4/12^th share of the policy. It is argued that the OP refused to pay the due amount to the Complainants. He argues that the OP has deficiency in service. He prays for a direction upon the OP to pay the amount as per share declared in the succession certificate to the Complainants.

In reply, the Ld. Advocate for the OP submits that the OP by a letter dated 07.03.16 asked the Complainant No.1 to produce documents in support of their claim but the Complainants did not submit any document. It is further argued that  the sum assured was Rs.50,000/- and Ld. Civil Judge (Senior Division) Berhampore declared 5/12^th share in favour of Complainant No.1, 4/12^th share in favour of Nahera Bibi and 3/12^th in favour of Serina Bewa. It is urged that Nahera Bibi is dead as per written complaint and Serina Bewa has not been made party to this case. He further argues that none of the Complainants came to the OP claiming their respective share and none of Complainants has filed any document in support of their claim. He argues that the OP will release the due amount to the heirs of Yar Box on production of succession certificate in favour of them. He argues that the OP has no objection to release 5/12^th share to Elahi Box, if Elahi Box claimed his share by producing original succession certificate. He argues that the other Complainants should approach before the appropriate Forum, for succession certificate in their favour for claiming their  share in respect of the LIC policy of Yar Box Mondal.

We have gone through the written complaint, written version, evidence of the Complainant No.1 , written argument of the OP and xerox copies of the documents filed by the Complainants. It appears from the xerox copy of succession certificate issued by the Ld. Civil Judge(Senior Division) Berhampore in Misc(Succ) 82 of 2005 that Elahi Box Mondal, Nahera Bibi and Sarena Bewa are successors to the extent  of 5/12^th, 4/12^th and 3/12^th respectively in respect of LIC policy No. 420718980.

It has not been mentioned in the written complaint whether Serina Bewa is dead or alive. Elahi Box Mondal is the Complainant No.1 and there is no bar to release 5/12^th share of the sum assured in favour of Elahi Box Mondal on production of relevant documents including succession certificate. It is the specific case of the OP that the Complainants did not file relevant documents in support of their claims.

The Ld. Advocate for the OP has submitted that the OP will consider the claim of the Complainants, if the Complainants submit required documents including succession certificate to the extent of their respective claim. It is very difficult to believe that the Complainants specially the  Complainant No.1 received succession certificate and kept it in his custody without claiming his share from the OP. The OP has also not filed any document to establish that the OP took steps for settlement of the claim for release of  sum assured value after death of Yar Box Mondal. We hold that the OP has deficiency in service. Therefore, we think that the OP may be directed to intimate the Complainants and Serina Bewa within 30 days from the date of this order directing them to produce relevant documents by issuing notice for settlement of their claim.

 We also think that the OP may be directed to release the sum assured due to death of Yar Box Mondal in connection with policy No. 420718980 within 2 months from the date of filing relevant documents by the Complainants/legal heirs of Yar Box Mondal in support of their claim.

Reasons for delay

The Case was filed on 21.01.16 and admitted on 08.02.16. The OP contested the case by filing W.V. on 21.09.16.This Forum tried its level best to dispose of the case as expeditiously as possible in terms of the provision under section 13(3A) of the CP Act,1986. Delay in disposal of the case has also been explained in the day to day orders.

In the result, the complaint case succeeds in part.

Fees paid are correct. Hence, it is

Ordered

that the complaint case be and the same hereby allowed on contest against the OP without cost. The OP is directed to intimate the Complainants and Serina Bewa within 30 days from the date of this order directing them to produce relevant documents by issuing notice for settlement of their claim.

 The OP is also directed to release the sum assured due to death of Yar Box Mondal in connection with policy No. 420718980 within 2 months from the date of filing relevant documents by the Complainants/legal heirs of Yar Box Mondal in support of their claim.

Let plain copy of this order  be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand  /by post under proper acknowledgment  as per rules, for information and necessary action.

The Final Order will also be available in the following Website:

confonet.nic.in

Dictated & corrected by me.

             President.                        

        Member                                                                                             President.