The Complainant has filed this case alleging deficiency-in-service by the O.Ps, where O.P No.1 is the Life Insurance Corporation of India, Chief Manager, Balasore Branch, Balasore and O.P No.2 is the Life Insurance Corporation of India, Sr. Division Manager, Division Office, Cuttack.

                    1. Factual matrix of the dispute is that the Complainant is the father of Bhagirathi Malik, the deceased life assured (in short D.L.A), who died on 16.05.2014. The deceased life assured had four numbers of Life Insurance Policies with the O.Ps bearing Policy Nos. 584316172, 598038097, 598389010 and 598037360. After the death of Bhagirathi Malik, the Complainant submitted above said policies before O.P No.1 for death claim of his son on 25.06.2014, but the O.P No.1 paid Rs.1,13,100/- towards death claim vide Policy No.598389010 and other policies are pending for settlement of claim yet. Thus, the Complainant approached to O.P No.1 for death claim settlement of other three policies, but the O.P No.1 avoided to settle the claim of other three policies on the pretext the date of birth of the D.L.A differs with the affidavit filed by the Complainant. The Complainant has filed an affidavit of D.L.A with the O.P No.1 stating Date of birth of his son is 03.06.1993 as per transfer certificate issued by the school. But, the O.P No.1 avoided to settle the claim of remaining three numbers of policies even after several request made by the Complainant. Thus, the Complainant filed this case for payment of his son’s death claim policies along with interest.

                    2. Written version field by the O.Ps through their Advocate, where they have denied about maintainability as well as its cause of action. They have further admitted that the claim of the Policies are pending for consideration before the O.Ps. The O.Ps also submitted that the Complainant submitted an affidavit disclosing the date of birth of his deceased son as 03.06.1993 without filing any School Leaving Certificate or Transfer Certificate. Since date of birth of D.L.A differs in three life insurance policies bearing no. 584316172, 598038097and 598037360. Details of  Policies  of  D.L.A-Bhagirathi Malik is as under:-

     Sl. No.          Policy No.            Date of Commencement           Date of Birth

        1.               584316172                       15.01.2002                        01.07.1990

        2.               598038097                       07.03.2011                        03.03.1993

        3.               598037360                       07.03.2011                        03.03.1993

        4.               598389010                       20.06.2011                        17.05.1991

                         But, in the affidavit the Date of Birth declared by the Complainant is 03.06.1993. But, in the proposal form, different Date of Birth is mentioned obtaining three different School certificates in different policies, which do not tally with the Affidavit. Thus, the life assured misled the O.Ps and has paid lesser premium than the actual premium payable for the same Table and Term for specified correct age, which created doubt about the genuineness of the age proof, for which the O.Ps are still verifying with the issuing authorities about the genuineness of age proof documents and the claim is pending for consideration. The version of the Complainant regarding Date of Birth of D.L.A as 03.06.1993 is accepted in the Policy No.584316172 with D.O.C as 15.01.2002 can’t be issued as the life assured did not attain 12 years (minimum age prescribed for this Policy under Table-14). And also in case Policy No.598038097, 598037360 and 598389010, previous Policy no.584316172 was not disclosed, accordingly these three policies were issued. Had it been so, then the O.Ps calculated the correct premium taking Date of Birth of life assured as 01.07.1990 (Policy No. 584316172- D.O.B is 01.07.1990). However, the genuineness of the age proof documents, being verified by the O.Ps appear to be false, as the issuing Offices of School certificate are not traceable. Thus, the O.Ps have decided to take Date of Birth notionally of D.L.A as 01.07.1990 since the present Complainant, being the father of D.L.A disclosed his Date of Birth as 01.07.1990 and accordingly premium for all other policies to be re-calculated fresh in order to determine correct premium, which is to be recovered from the Complainant at the time of settlement of the death claim for all the policies. But, the Complainant should give consent to accept Date of Birth of the D.L.A as 01.07.1990 and also should agree for recovery difference of premium from claim proceeds of all Policies. However, the death claim is pending for consideration.

                    3. In view of the above averments of both the Parties, the points for determinations of this case are as follows:-

(i) Whether this Consumer case is maintainable in eye of Law.

(ii) Whether there is a cause of action to file this case.

(iii) To what relief the Complainant is entitled for ? 

                    4. In view of the above disputes, both the Parties have filed documents in support of their claim. Perused the same. It is undisputed fact regarding the death of the son of the Complainant on 16.05.2014. Regarding Date of Birth of the son of the Complainant, the Complainant has filed an affidavit before the O.Ps as stated by the O.Ps disclosing the Date of Birth as 03.06.1993, which differs from the Date of Birth as mentioned in the Policy application i.e. the Proposal form as mentioned earlier. In support of the Date of Birth is to be 03.06.1993, the Complainant has filed one School Transfer Certificate dt.24.06.2010 of Basuli High School, wherein the Date of Birth is recorded as 03.06.1993. The Advocate for the Complainant while arguing the case submitted that the Complainant, being a poor person is unable to obtain the birth certificate at this stage to be issued by the Competent Authority as per Law and the School Transfer Certificate produced by him is to be treated as correct as no specific material is available to dispute the same. On the other hand, it has been argued on behalf of the O.Ps that the Complainant has given three different dates regarding Date of Birth of his son in four different Policies, out of which one has been settled and in rest three, Date of Birth are disputed and not according to the School Transfer Certificate produced. But the fact remain that the son of the Complainant is the Policy holder and premiums are paid. But strangely enough, out of three disputed Policies, Policy No.584316172, the Date of Birth is mentioned to be 01.07.1990, wherein the date of Commencement of the Policy was 15.01.2002. So by that time, the son the Complainant (D.L.A) is less than 12 years, though according to the Policy under Table-14 (the minimum age prescribed for this Policy is 12 years). So in that Policy, the Complainant is not entitled for the death benefits as per Law. Regarding Date of birth as mentioned in the School Transfer Certificate, it is found to be disputed as Xerox copy of same has been filed, wherein Date of birth has been mentioned as 03.03.1993 having all others same. So, in order to avoid dispute, now we are of the opinion that Birth Certificate from Competent Authority as per Law is required for settlement of the disputed claims.        

                    5. So, now on careful consideration of all the materials available in the case record, this Forum is of the opinion that the Complainant is not entitled for the death claim of the Policy No.584316172, but is entitled for return of the premium amount paid in that Policy and in respect of other two Policies, the Complainant is entitled for receiving of the death benefits, as per Birth Certificate to be obtained from the Competent Authority and on production of the same before O.Ps on payment of differential amount, if any for the difference of age at the time of Commencement of Policy; failing which it will carry interest @ 9% per annum, which will meet the ends of justice in this case. Hence, Ordered:-

                                                     O R D E R

                         The Consumer case is allowed in part on contest against the O.Ps without any cost. The O.Ps are directed to pay all the premiums paid in the Policy No.584316172 to the Complainant and also pay to the Complainant all the death benefits in other two Policies bearing Policy No.598038097 and 598037360 taking the Date of Birth of the D.L.A as per Birth Certificate to be obtained from the Competent Authority and on production of the same before O.Ps on payment of differential amount by the Complainant, if any for the difference of age at the time of Commencement of Policy within 60 days from the date of production of Birth Certificate from the Competent Authority by the Complainant before O.Ps, failing which it will carry interest @ 9% per annum from the date of order till realization. The Complainant is also at liberty to realize the same from the O.Ps as per Law, in case of failure by the O.Ps to comply the Order.

                         Pronounced in the open Forum on this day i.e. the 29th day of May, 2017 given under my Signature & Seal of the Forum.