DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KANDHAMAL, PHULBANI
C.C.NO.15 OF 2017
Present: Sri Rabindranath Mishra - President.
Miss Sudhiralaxmi Pattanaik - Member .
Sri Purna Chandra Tripathy - Member .
Sri Bidyadhar Jena, aged 52 years,
S/O: Late Hadu Jena AT/PO: Bisipada
PS: Sadar Phulbani Dist: Kandhamal ……………………….. Complainant.
Versus.
1. Branch Manager,
L.I.C of India, Boudh( Controlled by the L.I.C, Phulbani branch )
At- Near Bus-stand PO/PS- Boudh Dist: Boudh.
2. Divisional Manager
Claim Department, L.I.C of India At- Khodasingh , Main Road
PO: Berhampur Dist: Ganjam PIN-760010.
3. Chief Manager,
L.I.C of India, Phulbani BRANCH At/PO/PS: Phulbani Town
Dist: kandhamal …………………………….. OPP. Parties.
For the Complainant: Sri Santosh Kumar Tripathy, Advocate, Phulbani and his associates.
For the OPP. Parties: Sri B.K Mohanty,Advocate,Phulbani and his associates.
Date of Order: 29-07-2017
O R D E R
The Case of the Complainant in brief is that his wife Kadmbini Nayak had deposited Rs. 27818/- before the O.P No.1 on 31-03-2014 under the scheme New Jivan Ananda Vide Policy No.573453979. The sum assured of the above policy was Rs. 5, 00000/- but the policy bond was not issued against her favor by the O.P No.1. On 09-09-2014 the insured died due to cardio failure.
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Thereafter the Complainant intimated the O.P No.1 and filed claim application to get the death benefit of the deceased. But the O.P No.1 had not taken any steps to release the death benefit in favor of the Complainant. So, on 04-10-2016 he sent a pleader notice to the O.P No.1 & 2. Then the O.P No.1 asked the Complainant to produce the medical details of the deceased and accordingly the Complainant furnished all the necessary documents before the O.Ps. But the O.P failed to pay the death benefit of the deceased to the Complainant. Hence, he is suffering both mentally and financially and filed this complaint to get the death benefit of his deceased wife along with compensation of Rs. 50,000/- towards mental agony and financial loss.
The case of the O.Ps as per their joint version is that the Complainant is the husband of the deceased and also he is the nominee of the policy bearing No. 573453979. The Complainant has filed an affidavit before the O.P that the original policy bond was lost by the policy holder. As per the death certificate filed by the Complainant the policy holder died on 09-09-2014. As it is an early claim the corporation has to enquire the matter to ascertain the genuiness of the claim. So, the O.P has no intention to cause delay. In the mean time the O.P has settled the death claim and paid Rs. 6,25,000/- on 28-03-2017 in favor of the Complainant vide check No. 00048883. As the Complainant has already received his claim, there is no necessity to proceed with the case.
We have heard the learned counsel appearing for both the parties. We have gone through the complaint petition, the version of the O.Ps and the documents filed by the Complainant in support of his case. As per version of the O.Ps the Complainant had already received Rs. 6, 25,000/- on 28-03-2017 towards the death claim of his deceased wife. The Complainant has not also filed any objection that he had not received the said death claim of his deceased wife from the OPP. Parties.
In the above circumstances there is no evidence that the O.Ps committed any deficiency in service on their part. So, the Complaint filed by the Complainant is dismissed on contest but without any cost.
The C. C is disposed of accordingly. Supply free copies of this order to both the parties at an early date.
MEMBER MEMBER PRESIDENT
