- The present complaint case has been filed by the complaint Jane Marandi against opposite party no (1) Branch Manager Reliance Nipon life insurance company Ltd. Dumka (2) Chief Manager Reliance Nipon life insurance company east Mumbai (3) Manager Registered Office ‘ H ‘ Block 1st floor Dhirubhai Ambani knowledge Mumbai . Under section 12 of the consumer protection act- 1986 for eligibly and arbitrary note proving proper service
- That the complaint case and brief is that the complainant daughter Sushanti Mery Hansda in her life time have purchased two (2) policy from the afrosaid company bearly No(a) 14896950 (b) 14898760 as on 10th July 2009 and she had made Last premium payment as on 01.06.2012 the policy holder died as on 06.06.2012 in her residence . The policy holder endorsed the name her mother (Jene Marandi) as nominee which is clearly shown the bond paper. After death of the policy holder the nominee (Jene Marandi) mother of policy holder approach to opposite parties for granting the Death benefit amount of Rs 14,00000 (fourteen Lakh ) but the opposite parties did not pay any pain towards payment of the amount.
- Several notice send through speed post to the opposite parties but they never attended for any hearing or they did not submit any answer toward the their reply .
In meantime the complainant wentbefore the court of BIMA LOK PAL Adalat in 25.07.2019 and the court given reliefto the complainant and ordered to pay the Deathmaturity benefit to the complaint Rs 14,00000 (fourteen Lakh) but the conceringinsurancecompany has no any wish to pay the amount. The complainant approach to the concering insurance company with the court order send pleader notice but all in vain.
- There after not getting any relief from the concering insurance company the complaint approched to this forum for relief. The complainant submitted the following document in support of her case. (1) Last premium receipt on 01.06.2012 (2) Death certificate of the policy holder Sushanti Mery Hansda of 06.06.2012 by Government of Jharkhand vide no- 530533 Date- 15.09.2017. (3)Treatment perception of Dr. A.K. Gupta sadar hospital dumka. (4) Death certificates Sushanti Mery Hansda by Dr. A.k.Gupta Dumka. (5) Death Certificate of “Mukhiya” of vill- Bhutokoria Jama. (5) Copy of the policy with 1st premium receipt with contract No.-14896958 client ID No. 70873328 .Date of opening of the policy date 20th July 2009.
5. That Complainant prays the following relief with direction to opposite parties to pay -
(1) Assured Bima Amount Rs-1400000.00
(2) Interest forward compound interest Rs- 500000.00 and CompansasionRs-01 lakh total amount Rs – 2000000.00 only.
6. After proper notice the opposite parties did not turn up and even opposite party no. 3 refuse to receive the notice and their after the court proceeded exparte.
7. The point for determantion the case wheather the complainant is entitled any relief or reliefs as claimed?
FINDING
The complainant filed evidenced oral and documentery evidence infavour of her case and filed the affidavit of witness of Jene Marandi and Latif Ansari as a evidence and also filed documentary evidence as under
EXIBITE :- EX-1 Bond paper of Reliance life Insurance company (photo copy)
EX-2 The order of ‘BIMA LOK PAL’ date- 29.07.2019 .
EX-3 Premium collection receipt Issued by Reliance Life Insurance company Ltd.
EX-4 Death certificate of SushantiMery Hansda.
EX-5 Medical Prescription of Dr. A.K. Gupta .
EX-6 Aadhar card of Jene Marandi bearing No. 529080153152
In the statement the complainant and the other witness fully supported the statement of the complainant, and after several notice the opposite parties not attend the court or nor give any statement toward their motive. In view of the above facts it is crystal clear that the complainant claim is justified and the case proceded toward opposite parties exparty.
8. Heard the argument of the learned party of the complaint and gone through the evidence adduced on behalf of the complaint (Jene Marandi ). Oral and documentary both It is apperant that claim of death materity benefit to the nominee is justified and it is also confirmed by the Bima Lok Adalat. (order enclosed) Which it is Exhibit No- 2
As the policy holder nominated the name of her mother (Jene Marandi) for getting of all benefit to her mother in case of her death. And as per exhibit: (3) the premium collection receipt it is shown that the premium deposited by the policy holder on 01.06.2012 and she died on 06.06.2012. As per record and oral and document evidence it is proof that the complaint demand is justified. And she proved her case successfully. Having rewards to the fact and circumstances of the case and also going through the evidence brought on the record. We find that the complainant furnished all the relevant documents to the opposite parties, but they refused to pay the death benefit. i.e.
Insured amount to complainant who is the nominee of the deceased. The exhibit 2 which is order of BIMA LOK PAL has clearly uphold the case of complainant and directed to the opposite parties to pay the death benefit. But inspiteof that order the opposite parties did not comply the order of the “BIMA LOK PAL”. In this way the opposite parties has acted arbitrary despotic and capricious manner and was negligent and deficient in rendering service to the complainant, Who is a Consumer. We are thus in the opinion that the complaint is entitled to get - that is maturity amount 14,00000.00, (Lakh) Compensation 1 lakh, and a cost of litigation 5000/-
It is therefore.
ORDERED
That the complaint case be and the same is allowed with cost the opposite party……1,….2 and…3 are
Directed to make the payment …..….(1) Maturity amount- 14,00000/- (2) Compensation Rs- 1,00,000/- and (3) Cost of litigation 5000/- to the complainant.
The order must be complied within one month from the date of receipt of the copy of the order failing which necessary legal action will be taken against opposite parties - Insurance Company.
The office clerk is directed to furnish the copy of the order to parties.
This case thus disposed off accordingly.
