Tripura

West Tripura

CC/40/2017

Smti. Anita saha. - Complainant(s)

Versus

Branch Manager, Reliance Nippon Life Insurance Company Ltd. - Opp.Party(s)

Mr.B.R.Bhattacharjee.

11 Oct 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSSAL FORUM
WEST TRIPURA : AGARTALA

CASE NO:  CC-  40  of   2017

Sri Anita Saha,
W/O- Lt. Dilip Saha,
C/O- Lt. Kshitish Saha,
of Pratapgarh, P.O. East Pratapgarh,
East Agartala, West Tripura.        .....….…...Complainant.

                         VERSUS         

      1. Reliance Nippon Life Insurance Company Ltd.,
to be represented by its 
Branch Manager,
2nd Floor, Holding No- 602N/602J,
T.G. Road, Ker Chowmuhani,
Above Vijaya Bank, P.O. Ramnagar,
West Agartala, West Tripura- 799002.

       2. Reliance Nippon Life Insurance Company Ltd.,
To be represented by its
Managing Director,
Corporate Office at-
Reliance Centre, 5th Floor,
Western Express Highway,
Santacruz (East),
P.O. Santacruz East,
Mumbai- 400 055.        ............Opposite Parties.
     

 __________PRESENT__________
 SRI A. PAL,
PRESIDENT,
  DISTRICT CONSUMER 
 DISPUTES REDRESSAL FORUM,
      WEST TRIPURA, AGARTALA. 

SMT. Dr. G. DEBNATH
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

SRI U. DAS
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

C  O  U  N  S  E  L

For the Complainant        : Sri Bhabani Ranjan Das,          
                       Advocate.

For the O.P.             : Sri D. Bhattacharya,
                      Sri A. K. Paul,
                      Advocates.

JUDGMENT  DELIVERED  ON: 11.10.2017.

J U D G M E N T

         This case arises  on the petition filed by Smt. Anita Saha U/S 12 of the Consumer Protection Act. 
        Petitioner's case in short is that her husband Dilip Saha purchased one policy from the O.P. Reliance Nippo Life Insurance Company. The policy holder died on 27.02.2015 leaving behind her and her 2 daughters and 2 sons as survivors. After death of her husband complainant filed claim request in connection with the above mentioned insurance policy but O.P. Insurance company did not pay the surrender value and insisted for legal heirs certificate which is to be issued by the  Adminsitrator General. Due to this deficiency of service  of the O.P. Insurance company she suffered a lot and prayed for redress. 

2.        O.P. Insurance company appeared, filed written statement denying the claim. It is stated that petitioner herself is the life assured and her husband was the proposer of the policy. So death benefit can not be given to her. Petitioner failed to produce the succession certificate or legal heirs certificate issued by the Administrator General U/S 29 of the Administrator General Act to process her request. The investment of the policy holder was to gain profit. So, such application before this Forum is not maintainable and liable to be dismissed.

3.        On the basis of contention raised by both the parties petitioner the O.P. following points cropped up for determination;
        (I) Whether petitioner being the legal heirs along her sons and daughters are entitled to get the surrender value?
         (II) Whether there was deficiency of service by the Insurance company and petitioner is entitled to get compensation?

4.        Petitioner produced survival certificate, letters, insurance Policy, legal notice and postal money receipt. Also produced the statement on affidavit of Anita Saha.

O.P. on the other hand produced no evidence and cross examined the petitioner.

On the basis of evidence on record we shall now determine the above points.

            Findings and decision:

It is admitted position that the surrender value of the insurance policy was not disbursed to the petitioner. In the written statement para-10, O.P. admitted that after receiving the surrender request the company informed the complainant to submit certificate issued by Administrator General. Those documents were not produced so request for disbursement for surrender value was stalled.

We have gone through the insurance policy certificate and found that policy holder was Mr. Dilip Saha and the name of life assured was petitioner, Anita Saha. So death benefit only can be given on the death of life assured not the policy holder. Premium paying terms was for 10 years policy terms was for 15 years. Policy maturity date was 28th January, 2026 and premium was Rs.2 lacs. So death benefit was not given by the company rightly. But when the policy holder is dead then surrender request was proper as there was none to continue the policy. In case of death the life assured, nominee was Dilip Saha. But here in this case nominee the policy holder died. In such a case legal heirs of the nominee shall receive the surrender value. The legal heir certificate by Administrator General is not issued in Tripura. But the survival certificate in the form of Legal Heir certificate is issued by the Sub Divisional Magistrate. That copy of survival certificate was produced before us and we found that Anita Saha along with her 2 daughters and 2 sons were the legal heirs of deceased Dilip Saha. But after production of this certificate also the company could not process the request for disbursement of surrender value. As they required the legal heirs certificate issued by Administrator General U/S 29 of the Administrator Act, 1963. Such certificate is not available in Tripura and survival certificate issued by the Sub Divisional Magistrate is honored by all authority. Insurance company should have disbursed this surrender value to the petitioner and her sons and daughters on the basis of survival certificate. But they failed to do so. To some extent it is deficiency of service though it was done by the company for the lack of knowledge.

We therefore, direct the Insurance Company to pay the surrender value as per Policy terms and conditions immediately to the petitioner her sons and daughters being legal heirs. We also direct the O.P. Insurance company to pay Rs.5,000/- as compensation to the petitioner and Rs.5,000/- as litigation cost,  total Rs.10,000/- in addition to the surrender value. Payment is to be made with in 2 months if not paid it will carry interest @ 9% P.A.

 

Announced.

 

 

SRI A. PAL
PRESIDENT,
DISTRICT CONSUMER  DISPUTES 
REDRESSAL FORUM,
WEST TRIPURA,  AGARTALA.

 

 

MT. DR. G. DEBNATH,
MEMBER,
 DISTRICT CONSUMER DISPUTES 
REDRESSAL FORUM, 
WEST TRIPURA, AGARTALA    SRI U. DAS
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.