Date of Order : 31.01.2017
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to pay the amount of DAB i.e. Rs. 1,00,000/- ( Rs. One Lack only ) along with 18% interest.
- To direct the opposite party to pay Rs. 5,00,000/- ( Rs. Five Lackonly ) as compensation.
- To direct the opposite party to pay Rs.75,000/- ( Rs. Seventy Five Thousand only ) as litigation costs.
- The facts of this case lies in a narrow compass which is as follows:-
It has been asserted by the complainant that her husband had taken a policy from the Branch office of L.I.C. Danapur (opposite party no. 3) which was effective from 28.03.2000 for the sum of Rs. 1,00,000/- with double accident benefit. The first half yearly premium of Rs. 815/- was paid and accordingly the policy bond under table 111/21 was issued by Branch office which has been annexed as annexure – 1. The husband of the complainant was rendering service as security person in “Creation Company” in GIDC, Sub – District Parady and District – Valsad, Gujrat.
It is the further case of the complainant that while her husband was on duty, robbery took place and her husband was killed by robbers for which Parady P.S. CR. No. 1/222/2000 was registered for office U/s 396, 397, 398/34 IPC against unknown robbers. After death of her husband the complainant made claim with all required documents before the opposite parties for death claim under the policy and the complainant was paid Rs. 99,185/- as death claim and she was assured by opposite parties that after proper enquiry double accident benefit will be paid. When no action was taken in order to redress the grievance of the complainant despite her repeated request then she pursued the matter vehemently and lastly letter dated 09.07.2007 ( annexure – 2) was issued from Divisional office by which a certified copy of the police final report was asked from the complainant for consideration of DAB, which she submitted with the authority vide annexure – 3 (receipt).
It is the case of the complainant that almost two years have been passed from the date of Police Final report for payment of double benefit but neither the payment has been made nor any communication has been made in this regard.
From record it appears that despite filing vakalatnama on behalf of opposite parties no written statement has been filed.
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The only grievance of the complainant is that after receiving the police final report vide annexure – 3 the opposite parties have neither made payment nor made any communication in this regard.
As there is no counter version of the opposite parties hence we have no option but to rely on facts asserted by the complainant on oath which disclose serious deficiency on the part of opposite parties.
From annexure – 1 it is crystal clear that the policy was taken by the husband of the complainant and from bare perusal of annexure – 2 it is crystal clear that on behalf of opposite parties a letter was addressed to Sunita Devi complainant assuring her that her claim of DAB will be considered after receiving the police report.
From bare perusal of annexure – 3 it appears that the said police report was received on 14.05.2009 by opposite party no. 2 Division office.
It is very serious matter that despite receiving the Police Final report no action has been taken regarding the payment etc. of the amount under DAB.
Hence we direct the complainant to file a representation to opposite party no. 2 i.e. Senior Divisional Manager within the period of two month from the date of receipt of this order or certified copy of this order and if such representation is filed by the complainant the opposite parties are directed to pass appropriate order with regard to the final payment of DAB in accordance with law within the period of two month from the date of filing of aforesaid representation by the complainant failing which opposite party no. 2 will pay Rs. 50/- per day till the final order is made.
Accordingly this complaint stands Disposed Off.
Member President
