Order no. 23 dated 30.9.15
The case of the complainant in short is that his maternal uncle Sibu Biswas Dhara , the bona fide Jiban Saran Policy –Holder died of massive Cardio Respiratory failure on 22.4.2012 and the matter was reported to the Branch Manager of the OP for necessary action. But they refused to issue claim form with misbehavior saying that the claim will not be settled. Being aggrieved the complainant has come before us with the present case of unfair trade practice and deficiency of service against the Op LIC with the prayer for settlement of death benefit and compensation with litigation cost. Certain documents in Xerox copies viz. premium receipts , policies and death certificate.
The OP/LIC contested the case by filing Written version challenging therein that the case is not maintainable for want of cause of action on the ground that there was no occasion or incident of non supply of prescribed claim form as alleged by the complainant. Apart from that the present claim being a peculiar in nature attracting the alleged death of insured within a period less than two months from the date of several policies which is a subject of full and comprehensive investigation for the purpose of claim settlement subject to submission of claim form. Thus the case should be dismissed.
Upon the case of both parties the following issues are framed.
ISSUES
Whether the case is maintainable for want of cause of action ?
If the complainant is entitled to get relief as claimed for ?
What other relief or reliefs the complainant is entitled to ?
DECISION WITH REASON :
All the points are taken up together for convenience of discussion and brevity of the case.
Learned advocate for the complainant made his argument that there is no dispute regarding the death of insured person who was a bona fide policy holder under the oP LIC. It is alleged that immediately after death of insured person the complainant approached to the OP for obtaining relevant forms but he was refused by them. Ultimately, the complainant moved before us along with necessary documents. So this is a clear case of deficiency on the part of LIC.
The case of the complainant is challenged by the ld. Advocate appearing for OP LIC and submitted that this is a false case that the complainant was refused to obtain claim form . There is no piece of evidence from the end of the complainant to convince and establish the case of refusal of claim form. Normally, what a prudent man can expect is that at least the complainant can show any paper or evidence in any form showing that the complainant attended or submitted any requisition praying for relevant claim form but was refused to get the same. There is no such evidence . So the complainant has no case of deficiency against the OP/LIC.
We have carefully considered the case of both parties and it is found that the basic case of the complainant stands mere on the plea of refusal or non supply of the relevant claim form for the purpose of processing registration of the claim for death benefit in respect of the policies. In this connection, there is no convincing and satisfactory evidence on the part of the complainant in order to show that he was refused the supply of claim form which is an appropriate vessel for presentation of the insurance claim before the OP LIC. Out of generosity the OP LIC has , openly before us , proposed for receiving the relevant form irrespective of the question of alleged plea whether the complainant had, at all approached before the OP authority for the said purpose.
Under the facts and circumstances, it is held and decided that there is no cause of action for presentation of this case of deficiency of service against the oP/LIC and as such the case should be dismissed with liberty to file with fresh cause of action if any.
Accordingly all the issues are disposed of against the complainant.
Hence ordered
That the case be and the same is dismissed on contest with liberty to the complainant for presentation separate petition of complaint on fresh cause of action , if arises in future.
The OP /LIC is hereby directed to supply of requisite claim form in favour of the complainant immediately.
Let a copy of t his order be made over to the parties free of cost.
