Tripura

West Tripura

CC/89/2016

Smti. Ranjani Debbarma & others. - Complainant(s)

Versus

Life Insurance Corporation of India, Agartala Branch No. 1 & others. - Opp.Party(s)

Mr.B.Saha.

08 Feb 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
WEST TRIPURA :  AGARTALA

CASE   NO:   CC- 89 of 2016 

Smt. Ranjani Debbarma,
W/O- Late Aghor Debbarma.

Sri Runu Debbarma,
S/O- Lt. Aghor Debbarma,

Sri Sukumar Debbarma,
S/O- late Aghor Debbarma.

Smt. Anjana Debbarma,
D/O- Late Aghor Debbarma.

Smt. Baishakhi Debbarma,
M/O- Late Aghor Debbarma.

Residents of 
Maheshpur, Durganagar,
P.S. Ranirbazar,
West Tripura.        ....…..…...Complainants.
        
            VERSUS

Life Insurance cororation of India,
Agartala Branch No.1,
Paradise Chowmuhani,
(Hospital road Extension),
Agartala, West Tripura,
(Represented by its
Branch Manager).

Life Insurance corporation of India,
Silchar Divisional Office,
Jeevan Prakash, Meherpur,
Silchar-15, State of Assam,
(Represented by its
Divisional Manager).     ............Opposite parties.

                 __________PRESENT__________

 SRI A. PAL,
PRESIDENT,
  DISTRICT CONSUMER  
DISPUTES REDRESSAL FORUM,
      WEST TRIPURA, AGARTALA. 

SMT. Dr. G. DEBNATH
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

SRI U. DAS
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

C O U N S E L

    For the Complainant    : Sri Bijan Saha,
                      Sri Saptarshi Pal,
                  Advocates.
                     
    For the O.P. No.1        :  Smt. Puspita Chakraborty,
                      Advocate.

            JUDGMENT  DELIVERED  ON:  08.02.2017

 

J U D G M E N T    
           
        This case arises on the petition filed by Ranjani Debbarma and 4 others U/S 12 of the Consumer Protection Act. They filed this petition against Life Insurance Corporation of India(in short LICI) alleging that death claim in respect of Aghor Debbarma was not entertained by LICI in time. Their predecessor  Aghor Debbarma purchased a policy which commenced from 24.05.12 for Rs.15 lacs. During the existence of the policy on 03.01.13 Aghor Debbarma died. Petitioner along other petitioners as legal heirs and nominee of the aforesaid  policy Runu Debbarma prayed for satisfaction of death claim but LICI O.P. did not take step for satisfying the claim. Demand notice was given in the year 2016. Inspite of the demand notice the claim not satisfied. Cause of action arose on September 2016 when the legal demand was not entertained by the O.P. Petitioner claimed the sum assured along with other benefits and also Rs.50,000/- for mental pain & agony and also cost of litigation. 
        
2.        O.P. LICI appeared filed W.S denying the claim. It is stated that original policy certificate was not produced till 18.01.16. When it is produced then the claim is under process and it will be satisfied soon. It is also stated that the petitioner given false statement at the time of purchasing the policy. He wrote his age as 38 years at the time of opening policy. But as per Postmortem report  his age is 50 years. It is a early claim where death occurred after 6 months from the date of commencement of the policy.  So some enquery was done. There was no deficiency of service by the O.P. Claim therefore is liable to be rejected. 

3.        On the basis of assertion denial made by the parties following points cropped up for determination;
        (I) Whether the petitioners being the legal heirs and nominee were deprived of their legal right by the act of the LICI?
        (II) Whether the petitioners are entitled to get redress and compensation?

4.        Petitioners side produced the original money receipt, demand notice, legal notice.

        Petitioner also produced statement on affidavit of one witness Runu Debbarma, nominee of the policy. One letter dated 01.12.16, another letter dated 07.12.16. 

5.        O.P. on the other hand produced statement on affidavit of one witness M.A Chowdhury.

6.        On the basis of evidence on record we shall now determine the above points.

        Findings and decision:

7.        It is admitted and established fact that the policy was purchased on 24.05.12.  Sum assured was Rs.15 lacs. It is also not denied that the life assured Aghor Debbarma died on 03.01.13. Death certificate, survival certificate nothing produced by the petitioner side. But as those are not challenged and admitted by the O.P. so this matter is ignored. It is also admitted that Runu Debbarma is the nominee. Demand notice was filed by her on 20.06.16. Petitioner side produced nothing before us to support that just after the death in the 2013 any step was taken by the nominee demanding the amount immediately. Whether death claim earlier in the year 2013 was made or not is not clear to us for want of evidence.  From the correspondence of LICI it is found that on 01.12.16 only manager of the LICI requested the nominee to submit the identity proof. On 07.12.16 again LICI requested Runu Debbarma the nominee to produce the photocopy of PAN Card and Adhar Card of the deceased late Aghor Debbarma. So, all these documents were asked to be produced on 07.12.16. Any other earlier communication or any letter by the petitioner to satisfy the death claim not produced before us.
         
8.        The petitioner nominee Runu Debbarma in his statement on affidavit  stated that he informed the O.P. regarding death of his father and submitted the claim for sum assured. He did not get positive response and many time approached the O.Ps. He did not tell the specific date for submitting the application or copy of the application. Demand notice was produced on 20.06.16. So, the petitioner has also not contributed in respect of delay in satisfaction of the claim. 

9.        O.P. in their evidence stated that the policy certificate was not produced and it was lost in the year 2014. Later it was received. Original policy certificate is not required as the copy of the same is preserved by the LICI. 

10.        Another question raised by the O.P. is that there was suppression of material fact as the age of the petitioner was found 50 in the Postmortem report. But age in the Postmortem report is not the proof of age. O.P. manager administration of LICI Agartala in his cross examination stated that they collected the age proof of the deceased from the employer of the deceased and found age was 38. So, there was no suppression of material fact. LICI also could not prove that complainant lost the policy at the beginning. It was the duty of the LICI to take initiative for satisfaction of the claim. Any enquery if necessary is to be completed within 3 months. LICI failed to show that any enquery was made for satisfaction of the claim. 

11.        We therefore, of the considered opinion that there was some deficiency of service by LICI. Petitioners being the legal heirs are entitled to get death claim benefit and also other benefits as per terms of the policy. The sum assured amount Rs.15 lacs is to paid to the nominee Runu Debbarma who is to distribute the amount to  other legal heirs equally. Petitioners are also entitled to get Rs.10,000/- for deficiency of service by LICI. Both the points are decided accordingly.
        
12.        In view of our above findings over the two points the petition is allowed. We direct the O.P. LICI to pay the sum assured Rs.15 lacs to the nominee of the policy, Runu Debbarma who is to distribute the amount to 4 other legal heirs equally. We also direct LICI to pay Rs.10,000/-(Rupees Ten Thousand) to the petitioners for deficiency of service and Rs.3,000/-(Rupees Three Thousand) for cost of litigation in addition to Rs.15 lacs along with other benefits if any. The amount is to be paid within one month. If not paid it will carry interest @ 9% P.A.       
                               
                                          Announced.

SRI A. PAL
PRESIDENT,
DISTRICT CONSUMER  DISPUTES 
REDRESSAL FORUM,
WEST TRIPURA,  AGARTALA.

 

SMT. DR. G. DEBNATH,
MEMBER,
 DISTRICT CONSUMER DISPUTES 
REDRESSAL FORUM, 
WEST TRIPURA, AGARTALA    SRI U. DAS
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
    WEST TRIPURA,  AGARTALA.