BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

CACHAR :: SILCHAR

Con. Case No. 2 of 2018

                Md. Mofur Uddin

            Vill- Hawaithang, P.O.- Lailapur,

            P.S- Dholai, Dist- Cachar (Assam) ………….…………………………………………… Complainant.     

                                                            -V/S-

1. India First Life Insurance Co. Ltd.

Represented by The Managing Manager,

301, ‘B’ Wing, The Qube, Infinity Park,

Dindoshi – Film City Road, Malad (East), Mumbai. …………………………………… O.P.No.1

2. The Branch Manager, India First Life Insurance Co.Ltd.

2^nd Floor, Pallavi Complex, Above Bank of Baroda, Beltola,

Tiniali, Guwahati- 781028 ………………………………………………………………………… O.PNo.2

Present: -                                Sri Bishnu Debnath,                                         President,

District Consumer Forum,

                                                Cachar, Silchar.                                             

                                                            Sri Kamal Kumar Sarda,                                        Member,

                                                            District Consumer Forum,

                                                            Cachar, Silchar.                                            

            Appeared: -    Mr. Subir Dey, Advocate for the complainant.

                                       Mr. Niladri Ray, Advocate for the O.P.

                            Date of Evidence                                       03-05-2018, 03-05-2019

                         Date of written argument                           03-06-2019,

                         Date of oral argument                                 10-07-2019, 22-07-2019

                         Date of judgment                                         07-08-2019

                                 Sri Bishnu Debnath,

1. This complaint has been brought by Md.Mofur Uddin against the India First Life Insurance Company Ltd., its Branch  Manager of Guwahati Branch and against its Agent Md. Matlab Uddin Laskar for award of death claim of his mother Late Chakiya Begum the deceased life assured (DLA) and compensation for dis-service under the provision of the Consumer Protection Act, 1986. the above opposite parties are referred hereinafter as OP No.1, OP No.2 and OP No.3 respectively.

2. The  facts stated by the complainant is briefly stated as :- The mother of the Complainant Late Chakiya Begum wife of Chayar Ali Laskar of Hawaithang, Lialapur, Cachar, Assam, purchased a life insurance policy No.70219988 from the OP No.2 on 05/03/2015. The sum insured was Rs.1,24,000. The period of life risk coverage of the policy was from 10/03/2015 to 10/03/2031. The initial half yearly premium of Rs.3,919 was paid and obtained the receipt. Next premium due was on 10/09/2015. But very unfortunately the DLA died on 25/07/2015 due to cardiac-respiratory failure.  Thus, the complainant being the nominee of the DLA submitted the death claim but the OP. No.1 on some false and flimsy grounds repudiated the same on 19/01/2016. The OP No.1 & 2 in their joint WS denied the allegation and stated inter-alia that the claim has been repudiated because the DLA did not disclose the pre-existing illness at the time of purchasing the insurance policy.

3. During hearing the case the complainant submitted his deposition supporting affidavit and exhibited some documents. The OP No. I & 2 submitted deposition of Mr. K.R. Viswanarayan and exhibited some documents. Both the OP No.1 & 2 and the Complainant submitted their written arguments at the ending of the submission of the deposition but the OP No.3 did not contest the case for which the case is proceeding ex-parte against him, vide, order dated 03/05/2018.

4. I have heard the argument of both sides' counsels and perused the evidence on record including written argument. In this case the DW in the deposition stated that during investigation the Investigator collected medical certificate issued by I/C Palonghat M.S.C. and medical case sheet dated 06/01/2016 of DLA from OPD of Guwahati Medical College and Hospital (GMCH) vide Exhibit OP-4(colly). The said DW further stated that the above medical papers and certificate revealed the  facts that on 19/08/20 the DLA was having breathing problem, hepatitis and weakness. He again stated that it has also been revealed from medical case sheet of GMCH that on 06/01/2014 the DLA was under treatment as OPD patient for complaint of suffering from Rheumatic Heart Disease with Mitral stenosis and Mitral Regurgitation with chest pain. 

5. The Complainant denied the aforesaid facts and by adducing evidence supporting affidavit stated that his mother, i.e., DLA never visited GMCH for any treatment and never visited at Palonghat Medical Sub-Centre prior to 23/07/2015. Thus, the Complainant specifically denied the truthfulness of the Exhibit OP-4(colly) documents. Of course he stated that his mother died due to cardiac-respiratory failure on 25/07/2015 and in support to that fact exhibited medical certificate vide Ext.3 issued by  I/C Palonghat M.S.C. Anyhow, when the complainant denied the facts brought by the OPs regarding  pre-existing illness of the DLA, so, it is the onus of the OP to establish those facts beyond doubt, but except producing some medical papers and a certificate against the claims of the complainant no evidence of the attending Medical Officer or any reliable witness adduced by the OPs.

6. Hence, in my considered view, the facts brought by the OPs with the allegations that the DLA suppressed the material facts regarding her ailment at the time of putting signature on the Proposal Form to purchase the insurance policy is not established beyond doubt. Therefore, the Complainant is entitled to get the death benefit of the DLA from the OPs in respect of the insurance policy, vide Ext.13.

7. Accordingly, the OPs are both jointly and severally liable to pay sum insured of Rs.1,24,000 (Rupees One Lakh Twenty Four Thousand) only with compensation of Rs.10,000 (Rupees Ten Thousand) only for dis-service to the complainant. They are also liable both jointly and severally to pay cost of the proceeding of Rs.5,000 (Rupees Five Thousand) only. They are directed to make arrangement for payment of the awarded amount within 45 days from today and if default, interest at the rate of 10% per annum shall added to the awarded amount from the date of defaulter till realization of the full.

8. With the above reliefs the 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 7^th day of August, 2019.