Smt. Protima Dutta,

wife of late Tapan Kumar Dutta,

residing at Paschim Santinagar, P.O. Sapuipara,

P.S. Nischinda, District –Howrah,

PIN – 711227. --------------------------------------------------------------  COMPLAINANT.

-          Versus   -

1.         HDFC Ergo  General Insurance  Company Ltd.,

            Metro Tower, 10^th floor, Hochimin Saroni,

            Kolkata – 71.

2.         The Divisinal Manager,

            HDFC Ergo General Insurance  Company Limited,

            Metro  Tower, 10^th floor,

Hochimin Saroni,

Kolkata – 71.  ------------------------------------------------------OPPOSITE PARTIES.

                                                P   R    E     S    E    N     T

President     :     Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.

Member      :      Shri P.K. Chatterjee.

Member       :     Smt. Jhumki Saha.

                                                 F  I   N   A    L       O   R   D    E     R

1.               Complainant, Smt. Protima Dutta, by filing a petition U/S 12 of the C.P. Act, 1986 ( as amended upto date ) has prayed for a direction to be given upon the o.ps. to pay  interest @ 18% on Rs. 15,40,150/- for nineteen months’ delay in making the full payment of sum insured being Rs. 25,00,000/- on account of her husband’s death, to pay an amount of Rs. 50,000/- as compensation for carrying mental pain, agony, physical harassment etc. along with litigation costs of  Rs. 5,000/- and other reliefs as the  Forum may deem fit and proper. 

2.               Brief facts of the case is that complainant’s husband late Tapan  Dutta, bought an insurance policy from o.ps. being 50624440/0001 for a sum insured of Rs. 25,00,000/- vide Annexure ‘A’. And he died on 06-05-2011. After filing the claim form being no. PA/11/2/234, o.ps. issued a cheque of Rs. 9,59,850/- only vide cheque no. 158395 dated 01-11-2011. But it was a very meager amount and the complainant was entitled to the entire sum assured of  Rs. 25,00,000/-. Complainant then lodged a complaint before the Ombudsman, and after long 19 months, complainant got another cheque of Rs. 15,40,150/- from o.ps. vide cheque no. 472552 dated 24-12-2012 without any interest although as per the complainant, she was also entitled to the interest on the said amount of  Rs. 15,40,150/- for delayed payment. Thereafter complainant made several  requests to o.p. to give that interest amount. Moreover, it is also stated by the complainant that before the payment of Rs. 15,40,150/-, she was directed to file an affidavit stating therein that she would never claim interest on the amount of Rs. 15,40,150/-. And complainant, being a helpless widow, filed such an affidavit. Now, she has filed this instant petition alleging deficiency in service on the part of the o.ps. with a prayer to direct the o.ps. to pay the interest amount on the said amount of Rs. 15,40,150/- for delay in making payment. 

3.               Notices were served. But none  appears and no  written version has been filed by the o.ps.  Accordingly, the case was  heard ex parte.

4.               Upon pleadings of both parties two points arose for determination :

i)          Is there any deficiency in service on the part of the O.Ps.  ?

ii)                  Whether the complainant is  entitled to get any relief as prayed for ? 

DECISION  WITH   REASONS      :

5.               Both the points are  taken up together for consideration. Complainant filed her petition of complainant, sworn on affidavit, along with all documents. From the Annexure ‘8’, it is evident that in case of death of Tapan Kumar Dutta, beneficiary was Smt. Protima Dutta, wife of Tapan Kumar Dutta and under the column ‘Benefit’, it is mentioned ‘100%’. The o.ps. should not have tried to settle the claim amount at a very small figure of Rs. 9,59,850/- on 01-11-2011. And it was done even after six months’ of death ( 06-05-2011). And the complainant had to move to  the Ombudsman and filed a complaint for her legitimate claim for which o.ps. already received premium. Complainant had to wait for a long time of 19 months and only after filing of an affidavit swearing that she would not claim any interest amount, o.ps. gave the second cheque of  Rs. 15,40,150/- towards the settlement of total claim amount of Rs. 25,00,000/-. We fail to understand here, what prompted o.ps. to send a cheque of Rs. 9,59,850/- on 01-11-2011 when it was mentioned in policy document that benefit is 100%. O.ps. should have sent a cheque of Rs. 25,00,000/- at the first instance. Unnecessarily they harassed the complainant. However,  complainant had filed an affidavit that she would not claim the interest amount. It may be under dying compulsion. But affidavit has got its own value. Accordingly, we cannot allow the prayer of the complainant with respect to the interest amount. But o.ps. made a great delay, in making payment of the total sum assured for which she had to run from pillar to post.  And o.ps. also did not appear before this  Forum even after receiving summon. Accordingly the case was heard ex parte  and allowed in part against o.ps.  Points under consideration are accordingly decided.

      Hence,

                                    O     R     D      E      R      E        D

      That the C. C. Case No. 402 of 2013 ( HDF 402 of 2013 )  be  allowed ex parte  with  costs  against the O.Ps. 

      That the o.ps. are jointly and severally directed to pay an amount of Rs. 5,000/- as compensation and Rs. 2,000/- as litigation costs, totaling Rs. 7,000/- within one month from this order i.d., it shall carry an interest @ 10% p.a. till actual payment.

      The complainant is at liberty to put the decree into execution after expiry of the appeal period.

      Supply the copies of the order to the parties, as per rule.            

DICTATED  &    CORRECTED

BY   ME.  

      (  Jhumki Saha  )                                                                  

  Member, C.D.R.F.,Howrah.