MR. PRAVAT KUMAR PADHI, PRESIDENT:-
Complainant has filed C.C.Case No. 9/2021 U/s-35 of C.P.Act,2019 before this Commission seeking following relief:
“ Honbl’e Commission may kindly issue necessary direction to the Ops be directed to pay the entire claim amount bearing Policy No. R-OR-BN-EA-691, OR-EA-3544-MR along with interest from the date of 19.12.2014 till the date of actual payment through this Commission.
Brief fact of Complainant is that the Complainant’s deceased husband Akshya Kumar Parida during his life time insured his life with the Ops bearing Policy No. R-OR-BN-EA-691 & other Policy OR-EA-3544-MR for Rs. 20,000/- from Patkura Sub-Post Office(Opp No.3), on the date of making of the Policy he nominated the Complainant to receive policy benefit amount in the event of his death. After death of husband of the Complainant who insured his life on 14.03.2000, the Complainant made claim under the Policy under prescribed application as provided by OpNo.3 & sent the original policies, death certificate, legal heir certificate of his deceased husband to the OpNo.2 as advised by the Op No.3 by Regd. Post with A/D vide Receipt No. RO434921253 in dt. 19.12. 2014 for settlement of claim under the policies. But the Ops slept over the matter & did not settled the claim under the policy. When matter stood thus, the Complainant received a letter from Op No.3 bearing No. LI/PLI-RPLI-complaint/2013 dt. 17.02.2015 where in it is stated that the RPLI Policy has not been received by their office and asked the Complainant to intimate where she deposited the policies. Complainant intimated OP No.2 that the original policies are sent to its office by Regd. Post. The Complainant since then had been to the office of OpNo.2 on each subsequent years till the date of filing of this complaint more than fifty times, but it yield no result and they went on assuring complainant to do needful for disbursement of policies benefit shortly. When the OP No.3 have no response, the Complainant sent a notice through Advocate by Regd. Post with A/D on dt. 23.12.2020 calling upon them to settle the claim within 15 (fifteen) days of receipt of notice failing which she will be compelled to take shelter of court of law. But the Op-3 did not at upon the notice and even did not reply to complainant and her advocate.
The Ops have filed their written version stating that, briefly stated the fact of the case is that the petitioner, Smt. Janaki Parida, is wife of Late Akshya Kuamar Parida. During his life time Late Akshya Kumar Parida had availed two numbers of policies with Policy No.OR-EA-3544-MR on 29.08.1996 for sum assured of Rs. 20,000/- and Policy No. R-OR-BN-EA-691 on dt. 02.03.1999 for sum assured Rs. 30,000/-. In both those policies the insurant had nominated the complainant as nominee. On 19.12.2014, Smt. Janaki Parida sent one written application dt. 18.12.2014 vide RL No. RO464921453in which has been annexed by the Complainant in this case. In the said application, she had clearly mentioned to have sent the original policy bond and premium receipt earlier. In response to it, OpNo.2 i.e, DDM (PLI) vide his letter No. LI/PLI-RPLI-complaint/2013 dt. 17.02.2015, intimated the complainant that, the document regarding settlement of death claim of RPLI Policy had not been received at their end. There after almost five years, the Complainant sent another notice, through her advocate Deba Kishore Kar on 23.12.2020 and later filed this case. In the reply to the averments made in Para-2 of the complaint petition, it is humbly submitted that, the complainant made a false statement by saying that, she had sent the original policies, death certificate, legal heir certificate of her decease husband to the OP No.2 by Regd. Post A/D No. RO 464921453IN on 19.12.2014. As the same is clearly evident from the document list of her application, wherein it was clearly mentioned that, the original policy bond and premium receipt earlier. But no such original documents received at the end of OpNo.2 from the complainant earlier. Hence, in absence of the complete documents, the Ops could not be able to sanction the maturity amount in favour of the Complainant.
Though Complainant has made a vague statement that she had sent the Policy bond in 2014 earlier but there is no proof. Inspite of repeated request of Ops the Complainant is not co-operating and besides that the claim is a stale claim and barred by limitation. However keeping the interest of widow lady. We direct that the Ops shall receive the claim application without insisting on Policy bond and Complainant shall submit her claim application, (identity bond if any) within a period of 45 days from the date of receipt of this order and the Ops shall settle the claim within a period of two(2)months for the date of receipt of the claim application.
We impose no cost and compensation as complainant has not proved to submit her application before Ops.
With the aforesaid observation and direction the C.C.Case No. 9/2021 is disposed off. No order as to cost.
Issue extract of the order to the parties for compliance.
Pronounced in the open Commission, on this the 9th day of August,2023.
I, agree.
Sd/- Sd/-
MEMBER PRESIDENT
