West Bengal

Paschim Midnapore

CC/117/2017

Surajit Dutta - Complainant(s)

Versus

Divisional Manager, L.I.C. of India - Opp.Party(s)

Apurba Chakraborty

12 Dec 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.                           

     

Bibekananda Pramanik, President,

Pulak Kumar Singha, Member,

and

Sagarika Sarkar, Member.

Complaint Case No.117/2017

 

Surajit Dutta, S/o-Satiranjan Dutta,

Vill-Gombhirnagar, P.O. & P.S.-Ghatal,

District-Paschim Medinipur

                                                                ..………..……Complainant.

Vs.

1. The Divisional Manager, Life Insurance Corporation  Company of India, Kharagpur Divisional Office, Malancha Road, P.O.-Nimpura, P.S.-Kharagpur(T),

District-Paschim Medinipur;

2. B.M., Tamluk-Ghatal Central Co-operative Bank Ltd., Ghatal Branch,

P.O. & P.S.-Ghatal, Dist-Paschim Medinipur

                                                                                          ...……….….Opp. Parties.

                                                    

                For the Complainant  : Mr. Apurba Chakraborty, Advocate.

                For the O.P.                 : Mr. Diptendu Ghosh, Advocate.

 

                Decided on: 12/12/2017

                               

ORDER

            Pulak Kumar Singha, Member : 

 

                     Complainant files  this case u/s 12 of the C.P. Act, 1986.

  In short the case of the complainant is that late Purnima Dutta has Savings Bank account at Tamluk Ghatal Central Co-operative bank Ltd., Ghatal Branch, Dist-Paschim Medinipur vide A/c no.60303002736-3 and  from that account she paid Rs.300/- as insurance policy premium on 01/06/2015 to O.P.no.1 through O.P. no.2 and sum assured was Rs.2,00,000/-(Rupees two lakhs) only. The complainant was the nominee of

                                                                                                                                                              Contd……………P/2

 

                                                                                                ( 2 )                                                                                                   

the said insured late Purnima Dutta who died on 15/07/2015. On 15/08/2015 complainant lodge claim before O.P. no.2 for payment of claim amount from O.P.no.1. But O.Ps. did not pay heed to the claim of the complainant. Complainant approached before this Forum for getting relief as per prayer of his complaint.

 O.P. no.1 contested the case by filing written statement denying the allegation of complainant stating inter alia that the case is not maintainable, after receipt of all relevant documents this O.P. made payment of Rs.2,00,000/- in the bank account of the complainant through NEFT on 31/03/2017. This O.P. has no deficiency of service and prayed for dismissal of the case. In spite service of summon O.P. no.2 neither appear nor contested the case, hence the case against O.P. no.2 is heard ex-parte.

                                                                                                        

                             Decision with reasons

We travelled over the complaint, written objection and documents. It is admitted that one Life Insurance Policy, namely Pradhan Mantri Jivan Jyoti Bima Yojna purchased by late Purnima Dutta from O.P. no.1 through O.P. no.2 by way of  premium paid  Rs.330/- from her Savings Bank Account under O.P. no.2. Late Premium Dutta, insured died on 15/07/2015 and complainant being a nominee of the said policy lodged claim before O.P. no.2 who  send the claim for payment to O.P. no.1.

It is admitted that by the O.Ps. that late Purnima Dutta purchased policy through  her Saving Bank Account by paying required premium and complainant is the nominee of the said policy and there is also no dispute by the O.Ps. in respect of death of insured. O.P. no.1 stated in their written objection that insured claim amount Rs.2,00,000/- has already paid to the complainants bank account on 31/03/2017 through NEFT. It revels from the bank pass of complainant and complainant also admits it.

Insured Purnima Dutta died on 15/07/2015 and as nominee complainant lodged claim before O.P. no.1 through O.P. no.2 on 15/08/2015 and several times knocked the door of O.Ps. for payment of Insurance claim but O.Ps. did not pay heed to the claim of the complainant as such the complainant filed this case for getting redressal. It appears from the documents that after lodging claim before O.Ps. both O.Ps. made correspondences through e-mail from 27/01/2017 but claim lodged on 15/08/2015. O.Ps. did not produce any documents or adduce any evidence that they were processing claim but due to lack of documents or any latches on the part of the complainant payment of claim is delayed. It appears from the documents that from the date of lodging claim before O.Ps., none of the O.P. made a single correspondence with the complainant as such complainant

                                                                                                                                                          Contd……………P/3

 

                                                                                          ( 3 )

had no knowledge regarding making payment by the O.P. no.1 Complainant after filing this case when he updated the pass book, came to learn insured amount is deposited by O.Ps. through NEFT. From the documents it is clear insured amount of  Rs.2,00,000/- paid by O.P. no.1 to the complainants bank  account about one and half years later.

In view of the above discussions it is clear that complainant has no fault or any negligence, on the other hand both O.Ps. are negligent and deliberately delayed for payment of claim. Be it mentioned here that Pradhan Mantri Jivan Joyti Bima   has been launched by the Central Government for the purpose of help to the poorer section in case of death of insured person and in case of such claim of this policy the Insured amount should be made as early as possible but in the instant case both O.Ps. are gross negligent, careless and  harassed the complainant and deliberately delayed for payment.

Under the above discussions in the instant case the complainants is entitled to get interest of the insured amount and compensation for harassment and deficient in rendering service as a service provider.       

            The case of the complainant is succeeds.                                                                                                         

           Hence, it is,

                                                 Ordered,

                          that the complaint case be and the same is allowed on contest against O.P. no.1 and ex-parte against O.P. no.2 with cost.

O.Ps. are directed to pay jointly or severally Rs.18,000/- as interest and Rs.10,000/- as compensation for harassment and deficient in service and Rs.2,000/- as litigation cost to the complainant within one month from the date of order.

Failure to comply the order O.Ps. are liable to pay penal cost of Rs.2,000/- per month to be paid to this Forum in A/c of Legal Aid Fund from the date of order till date of realization.

                       Let plain copy of this order be given to the parties free of cost.

           Dictated and Corrected by me

                        

 

                             Member                                      Member                                 President

                                                                                                                         District Forum

                                                                                                                      Paschim Medinipur