On perusal of the materials available on record as well as on hearing of argument both sides the facts of the case came out, in brief, that one Pratima Majumder (Roy) was an agent of L.I.C.I of Alipurduar Branch being her Agency Code No. 02942459 and License No. 0371958246. She used to work as an agent of the aforesaid L.I.C from 2005 to 2014 continuously till her death with a very good reputation. Pratima Majumder (Roy) died on 13/10/2014 on her disease carcinoma since 2012. She was under treatment of Tata Medical Hospital, Mumbai. Having been the nominee and husband of Late Pratima Majumder (Roy) the complainant Sri Subhash Kr. Roy received all the eligible terminal benefits from the O.Ps (L.I.C.I, Divisional Office at jalpaiguri, P.O.- Jalpaiguri, P.S. – Kotwali, Dist. – Jalpaiguri, Pin – 735101 and L.I.C.I, Chief Manager, Alipurduar Branch, P.O. – Alipurduar Court, P.S. & Dist. – Alipurduar, Pin – 736122) as per rules excepting the group insurance amount / claim. For the sake of realization of the group insurance amount / claim the complainant Sri Subhash Kr. Roy preferred to visit the branch office of the O.Ps but he did not get any satisfactory reply resulting which finding no alternative way having been the nominee and husband of deceased Pratima Majumder (Roy) filed this case against the O.Ps for realization of the group insurance amount / claim from the O.Ps as per L.I.C.I norms and prays for direction upon the O.Ps for payment amounting to Rs. 1,00,000/- for his mental agony and a further amount of Rs. 10,000/- for litigation costs, inter alia.
Appearance made on behalf of the O.Ps and written version has been submitted on their behalf wherein some denials are made but admissions are made therein that Smt. Pratima Majumder (Roy) was possessed a valid license to act an insurance agent under part (ii) of the Insurance Act, 1938 till her sad demise and the O.Ps have released all the eligible terminal benefits as per rules of the corporation. O.P side prayed dismissal of this case.
Considering the above pleadings the following issues are necessarily come out for consideration to reach just decision of the case. Complainant has also filed some original documents with firisty. O.P side also filed document as per their firisty.
POINTS FOR CONSIDERATION
- Is the complainant a consumer u/s.2 (1)(d)(ii) of Consumer Protection Act, 1986 ?
- Has this Forum jurisdiction to entertain the instant case?
- Have the O.Ps any deficiency in service as alleged by the complainant?
- Is the complainant entitled to get any relief/reliefs as he prayed for?
-
DECISION WITH REASONS
As all the points are interlinked to each other as such all the points are taken up together for consideration for the sake of brevity and convenience.
The complainant Sri Subhash Kr. Roy, H/O – Smt. Pratima Majumder (Roy), Resident of Itkhola, Ward No. 13, P.O. & P.S. – Alipurduar, Dist. – Alipurduar, Pin – 736121. O.P No. 2 is situated in Alipurduar. It is admitted facts that Smt. Pratima Majumder (Roy) was an agent of the O.Ps from 2005 to 2014. Therefore, as per Ref. No. Mktg./ZD/37/2011 dated 15/09/2011 from Executive Director (Mktg.) dated 15/09/2011 of the L.I.C. Smt. Pratima Majumder (Roy) is entitled to her group insurance coverage as mentioned in the said reference in category no. (iii) that is 5 to 10 years within coverage 3, 00,000/- and that amount has not been disbursed to the nominee and her husband of deceased Pratima Majumder (Roy) despite his demand / claim. As per provision laid down U/S – 2(1)(d)(ii) of the Consumer Protection Act, 1986 the status of the complainant is a consumer and as such he is entitled to a legitimate amount of Rs. 3,00,000/- in view of the aforesaid reference.
Whereas the complainant is a resident of Itkhola, Ward No. 13, P.O. & P.S. – Alipurduar, Dist. – Alipurduar, Pin – 736121. O.P No. 2 is situated in Alipurduar and whereas the O.P No. 2 situated under P.S. & Dist. Alipruduar as such this Forum has territorial jurisdiction to try this case and whereas the claim amount is less than the pecuniary jurisdiction of this Forum as such this Forum has ample jurisdiction to try this case.
Considering the admission of the O.Ps in respect of agency of deceased Pratima Majumder (Roy) the complainant is entitled to receive the legitimate amount as per category no. (iii) of Ref. No. Mktg./ZD/37/2011 dated 15/09/2011 from the Executive Director (Mktg.) of L.I.C.I as the nominee and husband of the deceased Pratima Majumder (Roy). Despite the claim of the complainant the O.P side did not disburse the legitimate amount to the complainant as such there is deficiency in service on part of the O.P side.
Considering the admission of the O.P side having been the nominee and husband of deceased Pratima Majumder (Roy) the complainant is entitled to get further relief apart from the group insurance amount whereas he has been harassed by the O.P side. In respect of claim of the complainant we are of the view that it should be justified to decree the complainant amounting to Rs. 3, 00,000/- as his legitimate claim in view of the Ref. No. Mktg./ZD/37/2011 dated 15/09/2011 from Executive Director (Mktg.) of the L.I.C.I together with Rs. 45,000/- for his mental agony and sufferings along with a further amount of Rs. 5,000/- as his litigation costs; total Rs. 3,50,000/-.
Contd.
Thus all the points are disposed of accordingly.
Fees paid are correct.
Hence, for ends of justice; it is;-
ORDERED
that the instant case be and the same is allowed on contest with costs against the O.Ps.
The complainant Sri Subhash Kr. Roy do get a decree of amounting to Rs. 3,00,000/- as his legitimate claim and he further do get a further decree of Rs. 45,000/- for his mental agony and sufferings + Rs. 5,000/- as litigation costs against the O.Ps. Both the O.Ps are hereby directed to pay the total decreetal amount of Rs. 3,50,000/- to the complainant within 30 days from this day failing which the complainant will be at liberty to put this decree into execution according to law.
In case of realization of the decreetal dues through execution in that event the complainant be entitled to 8% interest per annum on the decreetal dues from the date of filing of this case from 18/09/2017 till liquidation of the entire decreetal dues and the O.Ps shall have to pay Rs. 50/- as fine per-day to the Consumer Legal Aid Account of District Consumer Disputes Redressal Forum, Alipurduar.
Let a copy of this final order be sent to the concerned parties through registered post with A/D or by hand forthwith for information and necessary action.
Dictated & Corrected by me-
