BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

CACHAR :: SILCHAR

Con. Case No. 1 of 2017

            Sri. Ashit Chandra Dey

            Vill- Siddheswar Part-II, P.O & P.S- Katigorah

            Dist. – Cachar, Assam, Pin- 788805………………………………         Complainant.          

                                                                        -V/S-

1. The  Exexutive Director., (CRM)

      3, Middleton Street, Prafulla Chandra Sen Sarani

      Kolkata, West Bengal - 700071,                                                                    O.P No.1.

2. The Zonal Manager, LICI,

      4, Cittrranjan Avnue, Kolkata- 700072                                                         O.P No.2.

3. The Divisional  Manager , LICI,

      Meherpur, Silchar, 788015, Dist. Cachar, Assam                                         O.P No.3.

4. The Branch Manager, LICI, Silchar Division,

      Silchar- 788001, Dist. Cachar, Assam

Present: -                                Sri Bishnu Debnath,                                          President,

District Consumer Forum,

                                                Cachar, Silchar.                                            

                                                            Sri Kamal Kumar Sarda,                                Member,

                                                            District Consumer Forum,

                                                            Cachar, Silchar.                                            

         Appeared: -        Mr. M.P. Chakraborty &Rahul Roy, Advocate’s for the complainant.

                                       Mr. Prasenjit Deb, Advocate for the O.P.No.3 & 4.

                                       None for O.P.No. 1 & 2.

                                                 Date of Evidence                             21-06-2017, 30-11-2017

                         Date of written argument                  02-04-2018

                         Date of oral argument                        03-05-2018, 04-09-2018 (None has argued)

                         Date of judgment                               26-09-2018

JUDGMENT AND ORDER

                              Sri Bishnu Debnath,

1. The complaint under the provision of the Consumer protection Act. 1986 has been filed by husband of deceased life Insured against the Life Insurance Corporation of India and its Officer including Branch Manager LICI, Silchar Division, Club Road for award of Sum Insured and compensation etc. on account of death of Life Insured Parbati Dey vide Insurance Policy No.494245492 who died on 15/08/2015 after brief treatment at Mediland Hospital, Silchar.
2. On receiving the notice, the Divisional Manager, LICI, Silchar and Branch Manager submitted joint W/S. In this W/S stated inter alia that the claim has been repudiated because the Complainant did not submit required documents. The Executive Director (CRM) LICI, and Zonal Manager LICI did not contest the Case.
3. During hearing the Complainant submitted deposition and exhibited document including status report of Insurance Policy, 1^st premium receipt, death certificate of the Life Insured issued by Birth and Death Registrar. After closing evidence, the Ld. Advocate of the Complainant submitted written argument. The O.P.No. 3 & 4 submitted deposition of D.W-1. Name of the D.W -1 is Sudhangshu Sekhar Bhattacharjee. But the contesting O.Ps did not submit written argument and none has appeared for oral argument.
4. Anyhow, during preparation of the Judgment, I asked the Complainant to produce the medical papers regarding treatment of the Complainant at Mediland Hospital, Silchar. Accordingly, some medical paper and cause of death certificate (issued by attending doctor of Mediland Hospital) supplied.
5. From the evidence on record it is clear that the wife of the Complainant purchased Insurance Policy No. 494245492 on 15/06/2015. The sum insured was Rs.7,00,000/- and paid First premium of Rs.24,451/- on 09/06/2015 vide Ext.1 & Ext.2 respectively. It is also evident from the relevant documents on record that the Life Insured was admitted to Mediland hospital from ailment on 15/08/2015 and died at night 9:40 P.M on the same date and attending doctor certified that cause of death is natural.
6. The contesting O.P. though submitted deposition of witness but not produce any reliable material to conclude that death of the Life insured was not natural rather died from a disease which was concealed at the time of executing the proposal form for purchasing of the Insurance Policy.
7. As such in this case I do not find any cogent ground to repudiate the claimant. So, the Complainant being he nominee of the deceased life Insured is entitled the sum insured and cost of the proceeding from the O.P. Insurance Company and from its officer. Thus, the O.Ps are jointly and severally liable to pay sum insured of Rs.7,00,000/- and cost of the proceeding of Rs.2,000/- to the Complainant within 45 days from today. In default, interest to be added on the awarded amount of Rs.7,02,000/- at the rate of 10% per annum from the date of defaulter till realization of the full.

8. With the above, this case is disposed of on contest. Supply free certified copy of judgment to the parties. Given under my hand and seal of this District Forum on this the 26^th day of September, 2018.