PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                                                          CONSUMER COMPLAINT NO. 192/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Ketaki Dip,

W/O-Late Sanatan Dip, Permanent R/O- Sation Road, Attabira,

Ps-Attabira, Dist-Bargarh,Odisha-768027,

At present Jogipali, Po-Jamadarpali, Ps-Hirakud,

Dist-Sambalpur, Odisha-768200.                        ………………Complainant

-Vrs-

Branch Manager, LIC of India,

Having its Office situated at LIC Building, PO-Budharaja,

Ainthapali, Ps-Ainthapali,

Dist-Sambalpur-768004.                                                         ………………Opp. Party

Counsels:-

1. For the Complainant         :- Sri. M.Mukharjee, Adv.
2. For the O.P.                        :- Sri. A.K.Nayak & Associates

Date of Filing:01.11.2023,Date of Hearing :12.03.2024,Date of Judgement :30.04.2024

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that the Complainant’s husband late Sanatan Dip was having a life insurance policy No. 590263801 since 1989 and died on 23.08.1999. At the time of commencement of policy Smt. Manjulata Bag is the nominee, an unknown person. The Complainant is the window and legal heir of the deceased and entitled for the claim. The Complainant came to know from letter dated 14.07.2014 that the deceased was having the policy and claimed the maturity value but the O.P. not paid the maturity value. Being agrieved complaint has been filed.
2. The O.P. in reply submitted that policy No. 590263801 dated 20.08.1989 was issued to Sanatan Dip S/O-Gajaraja Dip of village Attabira Dist-Bargarh for sum assured Rs. 50,000/- and monthly premium fixed for Rs. 221.90P and date of maturity was 20.08.2014 under plan term 93/25/25. Policy was in paid up condition on the date maturity amounting to Rs. 36,925/-(paid  up sum assured Rs. 10,075/- + vested Bonus Rs. 26,850). Maturity Letter No. BO 587/claims dated 12.03.2014 was issued for payment of maturity claim. The Complainant thereafter gave letter dated 03.07.2014 that Sanatan Dip died on 28.03.1999 and the Complainant was not having any knowledge about the policy. The Complainant submitted that Manjulata Bag, nominee is an unknown person. The O.P. submitted that the maturity value is to be paid to the nominee on the event of the policy becoming a claim and custodian of the property. The claim is guided under the law of succession. The nominee has not been made a party and the case is not maintainable.
3. The Complainant submitted:

1. Status report of policy No. 590263801
2. Letter dated 03.07.2014 of the Complainant.
3. Copy of affidavit dated 20.08.2015 sworn by Ketaki Dip and 21.07.2014.
4. Voter ID No. LJQ 6895005.
5. Aadhaar No. 2459-9964-0184.
6. U.Co Bank ID proof P.F. No. 44057 and PAN No. ANVPD-8294 R.
7. Legal heir Certificate Case No. 1987/1999 issued by Tahsildar, Attabira.
8. Death certificate of Sanatan Dip issued by Deptt. of Health & family Welfare dated 04.09.1999.

The O.P. has not submitted any documents.

4. Perused the documents and submission of the parties and the following issues are framed:

ISSUES

1. Whether the Complaint is not maintainable on the point of non-joinder of necessary party and barred by limitation?
2. Whether the nominee is entitled for the claim or the successors/legal heirs of the deceased Sanatan Dip.
3. Whether non-payment of the maturity value amounts to deficiency in service of the O.Ps?
4. What relief the Complainant is entitled for?

Issue No. 1 Whether the Complaint is not maintainable on the point of non-joinder of necessary party and barred by limitation?

It is the admission of both the parties that policy No. 590263801 was issued by the O.P. in favour of Sanatan Luha. The details of policy are as follows.

          Date of Commencement:- 20.08.1989.

Maturity Date                :- 08/2024.

Last due                          :- 07/2024.

Service Branch               :-567

Sum Assured                 :- Rs. 50,000/-

Mode                             :- Monthly.

Nominee                         :- Manjulata Bag

Relation with nominee   :- Wife

Address Given               :- S. Dip C/o- B.M. UCo. Bank, Jharsuguda,

    At/Po-Jharsuguda,

                                            Dist-Sambalpur.

As per statement of the Complainant Sanatan Dip died on 23.08.1999 due to heart attack at village Attabira and she was unaware of the policy and after receipt of policy paper filed the claim. Intimation was given on 03.07.2014 to the OP. from the documents it reveals that the Complainant is the wife of deceased Sanatan Dip as reflected in Voter I.D. No. LJQ-6895005 and from employee ID P.F. No. 44067 it reveals that the Complainant serving in U.Co. Bank. As per legel heir certificate issued by Tahsildar, Attabira the Complainant is the wife of deceased and Jasoda Dip, Nirupama Dip, Kiran Dip are the daughters and Saraswati Dip , mother and Gajara Dip, father. Complainant submitted death certificate of Sanatan Dip who died on 23.08.1999.

From the Statement of both the parties it is clear that there is dispute relating to marital status. As per nominee Manjulata Bag is the nominee/wife and he Complainant claiming to be the wife of deceased.

The Complainant admitted that when she got the maturity intimation thereafter intimated the O.P. on 03.07.2014. The Complainant not explained why since 03.07.2014 till filling of this Complainant on 01.11.2023 no any step was taken. From affidavit sworn dated 21.07.2014 and 20.08.2015 it reveals the claim of Ketaki Dip. Thereafter within period of two years claim was not filed before this forum/Commission.

The second point of consideration is when Manjulata Bag has been shown as wife is nomination, the Complainant claims to be wife. So dispute is there relating to status of the Complainant. The Complainant not made party to Manjulata Bag.

Accordingly, the issue is answered in favour of the O.P.

Issue No. 2 Whether the nominee is entitled for the claim or the successors/legal heirs of the deceased Sanatan Dip.

It is the settled law that the nominee is the caretaker of the property of deceased and the successors are entitled for the claim. From legal heirs certificate it reveals the Complainant is the wife of deceased and other legal heirs have been reflected. This is purely a civil dispute and the Complainant instead approaching the civil court for succession certificate come before this Commission at belated stage.

Accordingly, the issue is answered.

Issue No.3 Whether non-payment of the maturity value amounts to deficiency in service of the O.Ps?

The Complainant not submitted the policy bond nor the O.P. The Complainant admitted that she had no knowledge about the policy. In absence  of original policy the claim can not be settled and the O.P. remained silent. Silence of the O.P. proves/indicates the disputed status of the Complainant. No doubt the Complainant got the job in rehabilitation scheme but it does not conform her absolute right. In presence of a recorded wife Manjulata Bag claim can not be settled and rightly the O.P. remained silent. This Commission does not feel that any deficiency in service exist on the part of O.P.

The issue is answered accordingly.

Issue No. 4 What relief the Complainant is entitled for?

From the Supra discussion it is clear that the Complainant is not entitled for the claim in absence of clearance of her status from competent civil Court and proper documentation before the O.P./insurer.

Taking into consideration the circumstances of the case following order is passed:

ORDER

The Complainant is dismissed on contest against the O.P. The Complainant is at liberty to approach the competent Civil Court to prove her status as wife/legal heir of deceased insured.

No cost and compensation.

Order pronounced in the open court on 30^th day of April, 2024.

Supply free copies to the parties.