The instant case was instituted on the basis of a petition under Section 12 of Consumer Protection Act, 1986 filed by one Smt. Anjali Biswas, Wife of Late Ramani Biswas, resident of Nabopara, P.O.- Gowlin, P.S- Goalpokhar Dist.- Uttar Dinajpur which was registered as Consumer Case No. 53/16 in this Forum.

The fact of the case as revealed from the petition of complaint as well as from the evidence is that the husband of the complaint (Sri. Ramani Biswas) was an account holder of State Bank of India, Lodhan Branch bearing savings bank account No-31839684544. The Bank Authority gave an opportunity to the all account holders to purchase an accidental life insurance policy. Accordingly, the husband of the complainant accepted the offer and purchased a personal accidental policy in the year 2015 on the basis of his savings bank account No.31839684544.

During the life time the husband of the complainant purchased the personal accidental policy No-143820000000 for Rs.200000/-(Two lakh) for a period of one year from 31/01/2015 by paying one time premium of Rs.100/-(One hundred).

The O.P.No-1 issued an Insurance Policy in the name of the husband of the complainant in which the complainant was the nominee.

But unfortunately during the subsistence of the said policy the husband of the complainant (Ramani Biswas) died on 18/12/2015 by a road traffic accident at Debiganj on Kishanganj Kokrada State High Way under the Goalpokhar Police Station.

After the said accident a criminal case was started under Section 279 & 304(A) I.P.C on the basis of a written complaint lodged by one Swapan Biswas and after investigation the Goalpokhar Police submitted a charge sheet.

After the death of the husband of the complainant contacted with the O.P.No-1 & 2 several times to pay the amount but all the attempts of the complainant were in vain. As such the complainant has come to the forum for getting her relief.

The petition has been contested by the O.P.No-1 & 2 by filing W.V denying all the material allegations as labeled against the Insurance Company contending inter alia that the complainant has no cause of action to file the case against the S.B.I General Insurance Company.

The further defence case is that the complainant did not submitted the documents as asked for this is why the Insurance Company did not pay the amount. The Insurance Company also denied the fact of accident and the death of the husband of the complainant. Considering such facts and circumstances the O.P.No-1 & 2 has prayed for dismissal of the case.

The O.P.No-3 that is S.B.I, Lodhan Branch separately filed the W.V denying all the material allegations as labeled against the S.B.I, Lodhan Branch contending inter alia that the instant case is not maintainable and the case is also barred by non joinder of necessary parties and also barred by law of limitation.

The further defence case is that the O.P.No-3 has admitted that the husband of the complainant was an account holder of Lodhan Branch vide SB account No31839684544 and purchased a personal accidental policy in the year 2015 and in that policy the complainant was the nominee but the O.P.No-3 denied during the subsistence of the policy that no such incident took place and Ramani Biswas did not expired on 18/10/2015 due to the road traffic accident. So, considering such facts and circumstances the instant case is liable to be dismissed.

 In order to prove the case the complainant Anjali Biswas was herself examined as PW1 and she was cross examined and filed some documents.  On the other hand the O.P did not adduce any evidence.

Now, the point for determination as to whether the complainant is entitled to get any relief from this forum or not?

             D E C I S I O N  W I T H  R E A S O N S:

At the time of argument the Ld. Lawyer of the complainant submitted that the Xerox certified copy of Goalpokher Police Station regarding F.I.R and charge sheet has been filed from which it will be seen that Ramani Biswas died by road traffic accident and on the basis of such F.I.R the post mortem was held over the dead body of Ramani Biswas from which it is found that the death was due to affects of injuries. One SBI account has been filed  by the complainant from which it will be seen that Ramani Biswas was an account holder and also the policy was issued for Rs.200000/-(Two lakh) for personal accidental policy affecting form 31-01-2015. The Ld. Lawyer of the complainant argued that by those documents it has been well established that the Ramani Biswas died due to the road traffic accident. The defence case is that the complainant did not supply the documents as asked this is why the O.P did not pay the amount.

It is to be mentioned that the complainant is a village rustic women and when it has come to the knowledge to the O.P that Ramani Biswas died as it appears from the letter issued by S.B.I General Insurance Company on 29 January 2016, O.P should have take step to satisfy the claimant. How a village rustic woman will collect such documents. It is to be mentioned that due to the sudden demise of her husband the complainant became perplexed. So it is not possible for her to collect the documents. The written argument has filed by the O.P.No-1 & 2 is that the claim was repudiated as the documents were not submitted before the authority. As and when the complainant filed the documents before this Forum, the complainant has been able to prove the case. There is no allegations against the O.P.No-3 that is S.B.I, Lodhan Branch as it appears from the cross examination of PW1. As such the complainant is entitled to get an order as prayed for.

C.F. paid is correct,

Hence, it is,

                                O R D E R E D:

 That the complainant case being No. CC-53/16 be and the   same is allowed on contest against the O.P Nos- 1 & 2 with cost.

The complainant gets Rs.200000/-(Two lakh only) from the O.P.Nos- 1 & 2. Besides that the complainant is also entitled to get Rs.30,000/-(Thirty thousand) for mental pain and agony and Rs.5000/-(Five thousand) for litigation cost. The O.P.Nos- 1 & 2 are directed to pay the amount of Rs.200000/-(Two lack) along with the interest at the prevailing banking rate over savings bank account from 18/12/2015. The O.P.Nos-1& 2 are also directed to pay the amount of Rs.30000/- + 5000/- = 35000/-within 45 days from the date of order failing which it will carry an additional interest over the amount at the rate of 9% per annum from the date of filing of this case.

 In the case of default of payment of Rs.200000/-(Two lack) along with the interest as specified from the date 18/12/2015 within the 45 days from the date of order it will carry an additional interest @ 9% per annum over the amount of Rs.200000/-(Two lack) from 18/12/2015. The case is dismissed against the O.P.No-3 as the complainant has no claim against the O.P.No-3.

Let a copy of this order be given to the parties free of cost on proper application.