DIST. CONSUMER DISPUTES  REDRESSAL  COMMISSION

NORTH 24 Pgs., BARASAT.

C. C. NO- 340/2019

Date of Filing:                                                                            Date of Disposal:

04.12.2019                                                                                          06.04.2021       

P R E S E N T   :-         Smt. Sukla Sengupta………..…..President.

                          :- Smt.  Monisha Shaw….………..   Member.

       :-          Sri.  Susmit Hrishikesh Bhattacharya………… Member.

Judgment

This complaint is filed by the Complainant under section 12 of the Consumer Protection Act., 1986 (as amended up to date) alleging deficiency in service as well as unfair trade practice against the OP as the OP did not take any step to redress his grievance till filing of the complainant.

The brief fact of the complaint is that the complainants Mr. Satish Chandra Debnath and Mr. Parth Krishna Debnath entered into an agreement with the Life Insurance Corporation of India (OP no.1) and the Manager the Life Insurance Corporation of India (OP no.2).The Complainant no.1, the husband of the insured and deceased Mrs. Sikha Hazra, the Asst. Teacher, Gopalnagar Haripada Institution (H.S.), Gopalnagar, North 24 Parganas, Pin-743262 and the Complaint no.2 is the son of the insured and deceased Mrs. Sikha Hazara.Mrs. Sikha Hazra died at home on 25.03.2006 due to Cardiac Respiratory failure.The Complainant no.2 was a minor at the time of the death of his mother Mrs. Sikha Hazra and recently became major.

The complainants are consumers as the contemplated under section 2(d) of Consumer Protection Act of 1986 and Rules and Regulations framed

therein and happened to be his husband and son respectively and insured persons, Mrs. Sikha Hazra since deceased.Mrs. Sikha Hazra since deceased obtained a life insurance policy being no.423148355 Jivan Mitra Triple Cover (Table 133) on her life commencing on and from 28.03.2003, maturity date March, 2018 and paid regular premium till her demise on 25.03.2006.The last premium was paid on 27.12.2005 by late Sikha Hazra @ Rs.2509/- per quarter.Thus, she paid 3(three) years premium to LICI, Bongaon Branch.

Late Sikha Hazra died at her mother’s home suffering from Cardiac Respiratory failure due to Bronchitis at Hazra Bhaban, Chandpara Station Road, Chandpara, North 24 Parganas, Pin-743245.After her death, the Complainant no.1 communicated the fact of death against the above said policy to the opposite party and such intimation was received by the opposite party on 27.05.2006 at the Life Insurance Corporation of India (LICI), Bongaon Brach, Ramnagar Road, Pin-743235.

The Complainant no.1 submitted claim papers and forms along with original LICI policy bond paper and agreement paper between customer (Let Sikha Hazra) and LICI (service provider) on 11.08.2006 as required by the OP.In the mean time, OP no.2 the Life Insurance Corporation of India (LICI), Kolkata Suburban Divisional Office, DD 5, Sector 1, Salt Lake City, Kolkata – 700064 issued letter on 21.07.2007 and on 24.10.2007 to complaint no. 1 to submit claim form and other documents for settlement of claim.So the complainant No.1 submitted other relevant documents as desired by the OP no.2 vide his memo KSDO/CLAIMS/BONGAON/BR1W-D-4830/DC, Dt.21.07.2007 on 12.10.2007 through Bongaon Branch Office.

The Complainant further stated that the process of mediation is not successful due to difference of opinion between complainant and opposite party.

Having no other alternative, the complainant lodged this case on 04.12.2019.It is evident from the record that the OP no.1 has received the notice on 10.01.2020 and OP no.2 has received the notice on 09.01.2020.Records revealed that on 24.02.2020, OP no.1 and 2 did not appear and from this day, the case proceeded exparte against OP no. 1 and 2 (vide order no.3, Dt.24.02.2020).

From the record, it appears that this Commission has accepted the postal track report finally regarding service of notice upon the Ops and being satisfied, this Commission proceeded for exparte hearing of this case.

Considering the fact and circumstances as well as nature and character of this case, the following points are necessarily come out for consideration to reach just decision of the case:-

1. Is the Complainant a consumer U/S 2(1)(d)(ii) of the consumer Protection Act, 1986 ?
2. Has this Forum jurisdiction to entertain the instant case ?
3. Has the OP any deficiency in service as alleged by the Complainant?
4. To what other reliefs the complainant is entitled ?

On perusal of the materials along with supporting affidavit related to documents available in case record as well as hearing of arguments by the Ld. Advocate for the Complainant, it reveals that the complainant paid the last premium of Rs.2509/- per quarter on 27.12.2005.Thus, she paid 3(three) years premium to LICI, Bongaon Branch.Here the status of the OPs are insurer (who insures) and the complainants are insuree resulting

which the status of the complainants are consumer as per provision laid down under section 2(1)(d)(ii) of the CPC Act, 1986 (as amended up to date).The Complainant resides at Flat D1, 30A, Barwaritala Rd., KMC, Beleghata, Kolkata – 700010, P.S. Beliaghata and the house of the OP no.1 is situated within the district of North 24 Pgs and the claim amount does not exceed the pecuniary limit of this Commission.Therefore, this Commission has ample power to try this case.

We have perused the complaint filed by the complainant.We have perused the copy of the money receipt along with the supporting affidavit, other documents filed by the complainant.On perusal of the aforesaid material, it appears that the complainant paid Rs.2509/- per quarter as last premium on 27.12.2005.As per Jivan Mitra triple cover (table 133), it appears that the death benefit is thrice the sum assured plus bonus on the basic sum assured to dateis payable in lump sum upon the death of life assured.Since the OPs did not pay the assured amount as per declared death benefit for the said policy, so there is deficiency in service on part of OPs.

The discussed point bears positive result.As such we are of the view that the complainant is entitled to receive such death benefit amount with vested bonus.They are also entitled to other relief or reliefs that will be reflected in the order portion.

Thus, all the points are discussed accordingly.

Fees not require as the claimed amount is not exceeded Rs.5,00,000/-.

Hence, for ends of justice :

It is :

that the instant case being no.CC340/2019 be and the same is allowed exparte against the OPs with costs.The complainant, Shri Satish Chandra Debnath and Partha Krishna Debnath do get a decree of Rs. 3,14,900/- towards death claim against the policy no.423148355 insured by the OP along with 6% interest per annum since her death up to maturity.The complainant do get a further decree or Rs.1000/- as compensation for his mental agony and suffering and Rs.1000/- as litigation cost.

The O.Ps are hereby directed to pay the aforesaid decreetal amount to the complainant within 40 days from this date, failing which the complainant will be at liberty to put this decree into execution according to law.

In case of realisation of decreetal dues through execution the complainant will be entitled 8% interest per annum on the total decreetal dues from the date of filing of the case from 04.12.2012 till realisation of the entire of decreetal dues.

Let plain copy of this order be given to the parties free of cost as per CPR, 2005.

Dictated & Corrected By me

Member