BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
CACHAR :: SILCHAR
Con. Case No. 20 of 2015
Smti. Anita Singha
Vill- Rampur, P.O- Karicherra Bazar
P.S- Katlicherra, Dist- Hailakandi, Assam-788165…………….. Complainant.
-V/S-
1. TheBranch Manager,
Reliance Life Insurance Co.Ltd. Jagannath Appartment,
2nd floor, Hospital Road, Silchar-1 Cachar, Assam O.P No.1.
2. The Managing Director (Concerned Officer in the Claims Deptt.)
Reliance Life Insurance Co. Ltd. 9th and 10th Floor, R-Tech Park,
Nirion Compound, Next to Hub Mall, Behind I-Flex Building,
Goregaon (East), Mumbai-400063. O.P No.2.
3. The Concerned Officer (Registered Office)
Reliance Life Insurance Co. Ltd.
H Block, 1st Floor, Dhirubhai Ambani Knowledge City
Navi Mumbai, Maharastra-400710 O.P.No.3.
Present: - Sri Bishnu Debnath, President,
District Consumer Forum,
Cachar, Silchar.
Shri Kamal Kumar Sarda, Member,
District Consumer Forum,
Cachar, Silchar.
Appeared :- Sri Sabyasachi Bhattacharjee, Advocate for the complainant.
Sri Kajal Chanda, Advocate for the O.Ps.
Date of Evidence 13-04-2017, 28-06-2017
Date of written argument 29-07-2017, 27-11-2017
Date of oral argument 19-04-2018, 25-04-2018
Date of judgment 14-05-2018
JUDGMENT AND ORDER
Sri Bishnu Debnath,
The Complaint has been brought by Smti. Amita Singha for award of compensation against the Branch Manager, Reliance Life Insurance Co. Ltd. and its other officer on the ground of disservice etc.
Brief fact is as below:-
Her husband late Khukan Singha purchased 2 (two) Insurance policies from O.Ps. The policy No. 51017107 purchased on 31/05/2013 and Policy No.51166823 purchased on 26/08/2013. Sum assured was Rs.1,08,600/- and Rs.8,30,330/- respectively. He paid the premium accordingly. But very unfortunately, he died on 06/01/2014 leaving his wife (the Complainant) and 3 (three) children. Of course, in the Insurance document he made his wife, the Complainant as nominee.
Accordingly, the said nominee on behalf of all legal heirs of deceased Khukan Singha (Deceased assured) submitted claim application before the O.Ps for receiving the sum assured with accrued benefit. But the claim has been repudiated by the O.Ps by issuing letter dated 23/08/2014.
Accordingly, finding no alternative the Complainant after observing formalities served notice to the O.Ps on 13/09/2014 but the O.Ps send 2 (two) Nos. of cheque on 30/09/2014 vide No.096730 amounting to 22 paisa in connection with policy No. 5107107 and cheque No.096709 amounting to 41 paisa in connection with policy No.51166823 as full and final settlement amounts.
On being aggrieved, the Complainant brought the instant complaint with prayer inter alia of award of sum assured of both the policy with accrued benefit and compensation including cost of the proceeding.
The O.Ps submitted their joint W/S. In this W/S they stated inter alia that during investigation the investigator found that the School Certificate which was submitted by the deceased life assured Late. Khukan Singha with proposal forms were fake. As such they repudiated the claim of the Complainant as per provision of section 45 of the Insurance Act.1938.
During hearing, the Complainant submitted her deposition supporting affidavit and exhibited as many as 30 Nos. of documents including school certificate. The Complainant also examined her elder son Sri Rupom Singha as P.W-2 and Head Teacher of No. 683 Ram Chandi Hindi L.P. School as P.W-3.
The O.P. side examined Sri. Amitabha Das, the Manager of the O.P. as D.W and exhibited proposal form, school certificate with verification report and copies of repudiation of claim.
After closing evidence, both sides’ counsels submitted written argument.
I have perused the evidence on record, written argument, the exhibited documents and heard both sides’ counsels.
In this case all the facts regarding purchasing insurance policy, subsequently the insured Khukan Singha died and the nominee submitted the claim application which were repudiated are admitted by the O.Ps. But the O.P. repudiated the claim only on the ground that at the time of submitting the proposal form by the deceased life assured, he submitted false school certificate as age proof documents.
The Complainant did not agree with the allegation for falsity of age proof document.
Accordingly, she deposed and exhibited school certificate vide Ext.17. The O.P. by adducing evidence of D.W-1 exhibited proposal form vide Ext. A and age proof documents vide Ext.B. The Ext.17 and Ext.B are same documents. In the Ext.B it is noted with verification report that the deceased Khukan Singha was not a student of 683 Ramchandi L.P. school. But the Head teacher who actually issued the Ext. B and Ext. 17 deposed as P.W-3 to support the plea of the Complainant and denied the alleged fact of verification of the Ext. B. he denied the Ext. B(I) verification report and also denied the signature under the verification report. Rather he stated that as per school record the deceased was a student of 863 Ramchandi Hindi L.P. School and date of birth was 26/09/1968. He also deposed that particular mentioned in Ext.17 transfer certificate were matching with counter foil of the certificate book of the School vide Sl.No.5 of book-I. Ext.28 is counter foil but on cross examination he replied that Ext.28 is not the counter foil of Ext.17.
Anyhow, after hearing both sides’ counsels and considering the evidence on entirety it is of opinion that the fact brought by the O.P. that the deceased submitted false/fake School certificate to prove age is not sustained because the authority who issued the Ext.B has not supported the O.P. Moreover, no other reliable evidence brought by the O.P. to justify the allegation that the deceased Khukan Singha intentionally furnished wrong date of birth to the proposal form. As the plea/allegation is brought by the O.P. so, it is their burden to prove it beyond doubt that deceased furnished wrong information about his date of birth to the proposal form. But in this case they have miserably failed to bring any reliable witness or furnish reliable material to conclude that the deceased Khukan Singha submitted false age proof document.
As such, in this case I find no justification to repudiate the claim. Hence, the O.Ps are directed to make payment of sum assured of both the insurance policies to the nominee to deceased life assured Khukan Singha with compensation for mental
agony of Rs.10,000/- and cost of the proceeding of Rs.2,000/-
Thus, the O.Ps are directed to satisfy the award within 45 days from today. If fail interest @ of 10% per annum w.e.f the date of defaulter to be paid by the O.P. The O.Ps are jointly and severally liable to pay the awarded amount with upto date interest.
On receiving the awarded amount the Complainant is to distribute the amount with equal share to her children including herself. If any of the legal heir of the deceased feel aggrieved from non-receiving the share may approach the District Forum for realization of his or her share from the Complainant.
With the above, this case is disposed of on contest. Supply free certified copy of the Judgment to the parties of this litigation. Given under my hand and seal of this District Forum on this the 14th day of May, 2018.
