DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST

       GOVT. OF NCT OF DELHI

      CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.

CC No: 1110/2014

D.No.______­­____________                          Dated: ______________________

IN THE MATTER OF:

Smt. AZIMA KHATOON,

W/o LATE SH. MOHD. JAHAGIR,

R/o H. No. 408/1, POCKET D-6, SECTOR-6,

ROHINI, DELHI-110085.         … COMPLAINANT

Versus

LIFE INSURANCE CO. OF INDIA,

(THROUGH THE MANAGER),

29-30, ANUVRAT TOWER, COMMUNITY CENTRE,

WAZIRPUR, DELHI-110052.

ALSO AT: LIC OF INDIA,

(THROUGH THE MANAGER),

6/32-33, WEA GURUDWARA ROAD,

KAROL BAGH, NEW DELHI-110005.

ALSO AT: LIC OF INDIA,

(THROUGH THE MANAGER),

3^RD FLOOR, JEEVAN PRAKASH,

25, K.G. MARG, NEW DELHI-110001.… OPPOSITE PARTY

CORAM :SH. M.K. GUPTA, PRESIDENT

                SH. BARIQ AHMED, MEMBER

      MS. USHA KHANNA, MEMBER  

                                                            Date of Institution: 18.09.2014

                                                                     Date of decision: 17.09.2018

SH. M.K. GUPTA, PRESIDENT

ORDER

1.       The complainant has filed the present complaint against the OP

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          under Section 12 & 14 of the Consumer Protection Act, 1986 thereby alleging that the complainant is the consumer and widowof  Late Sh. Mohd. Jahagir and also the nominee in the policy of OPand the policy holder/husband of the complainant died in an accident in Bihar on 20.11.2001 and the deceased had purchased 4 policies in his name from OP and out of 4 policies the insured amount alongwith the double accident benefit has been released by OP. The complainant further alleged that the deceased Mohd. Jahagir had purchased 2 policies vide policies nos. 111904487 & 111904218 for sum assured of Rs.1,00,000/- each with accident benefit of Rs.1,00,000/- each and the complainant being the nominee and widow of the policy holder claimed against the policy nos. 111904487 & 111904218 as per law and for the same OP has released the sum assured amount of Rs. 1,00,000/- each but did not release the double accident benefit amount till date despite repeated requests. The complainant further alleged that OP is giving assurance regarding the issuance of double accident benefit but not taking fruitful action and OP is demanding again and again documents which were supplied several times to OP at various offices but till date no fruitful result and the policy bond of both the policies has been deposited with OP earlier when OP released the sum assured amount. The complainant further alleged that the

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          complainant is a poor and illiterate widow lady and she is facing very hardship in Delhi especially financially as she has two school going children with her and she is the only guardian for her children and the double accident benefit amount is Rs.2,00,000/- which should have released earlier at the time of releasing the sum assured amount for both the policies. The complainant further alleged that OP neither refused till date nor released the same and the complainant was shockedwhen OPsent a letter dated 06.01.2014 demanding several documents and the complainant several times has handed over the same and complete documents as per requirement and as per direction but all in vain. The complainant further alleged that the complainant visited several officers of OP and wrote letters also but no one is ready to release the amount best known to OP and as such there is unfair trade practice and deficiency in service on the part of OP.

2.       On these allegations the complainant has filed the complaint praying for direction to OP to release double accident benefit of Rs.2,00,000/- (for both the policies) alongwith interest @ 18% p.a. from the date of death of the policy holder and to pay compensation of Rs.2,00,000/- for causing mental agony and physical harassment. The complainant has also sought of Rs.25,000/- towards litigation cost.

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3.       OP has been contesting the case and has filed reply. In the reply,OP submitted that the complaint is liable to be dismissed as there is no deficiency in service on the part of OP. OP further submitted that OP had issued insurance policies bearing no. 111904218 and 11904487 to Mohd. Jahangir granting insurance cover on his life and insurance was granted for a sum of Rs.1,00,000/- each under the above mentioned policies and insurance was granted subject to terms & conditions of the policy and as per terms & conditions if the life assured dies due to accident then an additional amount of Rs.1,00,000/- will also become payable. OP further submitted that life insured died on 20.11.2001 and the complainant being the nominee under the policy lodged claim with OP and OP paid a sum of Rs.1,00,000/- each under both the policies in full & final settlement of the claims and the complainant also submitted a 2 separate discharge vouchers to OP under each of the policies stating as under: “I do hereby acknowledge receipt from OP. The sum of Rs.1,00,000/- in full & final settlement and discharge all my claims and demands under the above mentioned policy.” OP further submitted that the complainant thereafter represented to OP that she is entitled to get additional amount of Rs.1,00,000/- each under both the policies as her husband had died due to an accident and OP vide letter dated 05.11.2014informed the complainant as under: “Regarding: -Accident benefit paid under policy no. 111904487 &

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          111904218 favoring Late Mohd. Jahangir. “With reference to your claim for accident benefit under above policies on the life of your deceased husband we have to inform you that as per the FIR and chargesheet and huming of his body, this was a preplanned and premediated murder and it is not an accidental murder. As such the above cases falls in the category of murder simpliciter not being an accident and accordingly the accident benefit claimed under above policies are rejected as per the terms & conditions of the policy.” OP further submitted that there is no deficiency in service on the part of OP and the complaint is liable to be dismissed.

4.       The complainant filed rejoinder and denied the submissions of the OP and re-affirmed allegations in the complaint.

5.       In order to prove hercase the complainant filed her affidavit in evidence and has also filed written arguments. The complainant also placed on record copy of letter dated 06.01.2014 sent by OP to the complainant, copy of letter dated 27.02.2014 sent by the complainant to OP, copy of FIR, copy of death certificate of Mohd. Jahangir and copy of adhar card. The complainant has also filed copy of letter dated 05.11.2014 sent by OP to the complainant through speed post and copy of judgment dated 31.07.2006 passed by the Court of Additional District & Sessions Judge, Darbhanga in Session Trial no. 108/2006 and 109/2006, holding that it was not a preplanned and premediated murder.

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6.       On the other hand, Sh. D.K. Joshi, Manager (L & HPF) of OP filed his affidavit in evidence which is as per the line of defence taken by the OP in the reply. OP has also filed written arguments.

7.       This forum has considered the case of the complainant as well as OP in the light of evidence and documents placed on record by the complainant. The documents and evidence of the parties shows that the deceased husband of the complainant had purchased 2 policies of Rs.1,00,000/- each from OP which fact is not disputed by the OP. The factum of death of Mohd. Jahagir on 20.11.2001 who was the husband of the complainant is not disputed by the OP. OP has not proved the terms & conditions of the policy to prove its defence. Accordingly, OP was not justified in refusing the claim of the complainant for additional benefit of Rs.1,00,000/- each in respect of the 2 policies and OP ought to have released the said amount to the complainant. Failure on the part of the OP to release the amount of Rs.2,00,000/- towards additional benefit in respect of the 2 policies shows deficiency in service on the part of OP. Thus, OP is held guilty of unfair trade practice and deficiency in service.

8.       Thus, holding guilty for the same, we direct the OP to

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05.11.2014 till the date of this order.

ii) To pay to the complainant an amount of Rs.50,000/- as compensation for harassment and mental agony suffered.

9.  The above amount shall be paid by the OP to the complainant within 30 days from the date of this order failing which OP shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of this order till the date of payment.  If OP fails to comply with the order within 30 days from the date of receiving of this order, the complainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.

10. Let a copy of this order be sent to each party free of cost as per   regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.

Announced on this 17^th day of September, 2018.

 BARIQ AHMED                        USHA KHANNA                         M.K. GUPTA

   (MEMBER)                       (MEMBER)                             (PRESIDENT)

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