J U D G M E N T.
Fact of the case in brief :- The present complaint in this case is the husband of Shakuntala Herna, she had insured her life with the L.I.C of India in Nuapada Branch under Jeevan Anand Policy vide Policy Bond No.572205405 dated 20.04.2009 for the sum assured of Rs.1,000,00/- (Rupees One Lakh) Only Shakuntala Herna had also insured her life for sum assured Rs. Rs.1,000,00/- (Rupees One Lakh) Only with the L.I.C of India Berhampur Branch under Jeevan Anand Policy on dated 28.05.2009 the half yearly premium 2482 vide policy bond No. 572205969 dated 28.05.2009.
Both the Policy inforce Shakuntla Herna who died on 21.12.2009, The Complainant being the legal heir and nominee of the said policy. He has submitted in Branch (L.I.C of India) required documents and Policy Bond after the death of the deceased Shakuntla Herna and claimed insurance benefit in above both the policies for settlement.
The complainant being a nominee in the above two policies and he claimed for insurance benefit and submitted required documents as asked by the Ops for settlement of death claim of his wife Shakuntala Herna.
The petitioner prayed for release of entire Insurance benefit under the above two policies along with interest from the death of the life assured till realization of claims and an order for payment of Rs.50,000/-( Rupees Fifty Thousand)only towards mental agony and suffering.
The Complainant files the reliable documents as under:-
- Voter ID Card.
- School Leaving Certificate(for age proof)
- Both L.I.C Bond
- Death Certificate of Shakuntala Herna.
The OP L.I.C of India have repudiated the death claim under policy No.572205969 on dated 30.03.2011 vide letter No. BDDO/Claims/Rap/57A dated 31.03.2011 and in another policy No.572205405 is also repudiated by L.I.C(OPs) vide letter No. BDO/Claims/Rap/57A dated 31.03.2011 on the ground withhold of materials information regarding actual age of insured at the time of proposal for Insurance. The O.P has admitted the contacts of para 6 & 7 of the petition. As per the version, the OP had insured her life with the Ops under “Jeevan Anand” with profit along with accidental claim scheme. The first policy on dated 20.04.2009 vide No.572205405 for sum assured Rs. Rs.1,000,00/- (Rupees One Lakh)only and the second policy is on dated 28.05.2009 vide No.572205963 for sum assured Rs. Rs.1,000,00/- (Rupees One Lakh)only.
In the both the L.I.C polices Shakuntala Herna mentioned her date of Birth is 15.04.1978 in support of the same. The petitioner has submitted School Transfer Certificate (T.C) have been issued by the Head Master “Harijanpada Nimna Madhyamika Chatsali” dated 19.07.1991, accordingly the OP in good faith believed her age to be 31 (Thirty one) years on the date of policy. And the policy holder died on 21.12.2009 with in about seven months of the policy.
The Jeevan Anand Policy follows the guideline about the age group of 18 to 75 years accordingly the premium of Rs.2313/-(Rupees Two Thousand Three Hundred Thirteen)only per year up to 27.04.1951 in respect of policy No.572205405 dated 20.04.09 and in respect of policy 572205969 dated 28.05.09 half yearly premium 1482 has to paid till 28.11.2013.
The D.L.A deliberately understated her age in order to avail Life Risk Coverage for a higher sum assured by depositing a lowest premium.
O R D E R.
Perused the record and after hearing and argument by both the parties the Hon’ble Forum has decided the that the Complainant is Husband of deceased Shakuntala Herna who died on 21.12.2009 and she had done two L.I.C Policy Jeevan Anand on dated 20.04.2009, 28.05.2009 the No. mentioned above after more then one year the Complainant repudiated the death claim of her wife Shakuntala Herna.
The Complainant files this case in this Hon’ble Forum in a belated stage on dated 30.08.2012 which is beyond the limitation of time which is more than two year and 8 months and the complainant may choose any other Forum or Court for repudiation of his L.I.C death claim for settlement. Due to cause of action arose from 21.12.2009 this Case is barred by limitation by Consumer Protection Act 1986.
Hence this case is not maintainable in the Open Court.
Judgment pronounced in the Open Court of the District Consumer Disputes Redressal Forum, Nuapada, this the 30th day of December 2014.
Dictated & corrected by
Sd/-Mr.K.K.Tripathy Sd/-Mr.K.K.Tripathy
President, President,
Dist.C.D.R.Forum,Nuapada. Dist.C.D.R.Forum,Nuapada.
I a g r e e I a g r e e
Sd/-Mrs.T.S.Panda Sd/-Mr.B.B.Mishra
Member, Member,
Dist.C.D.R.Forum,Nuapada. Dist.C.D.R.Forum,Nuapada.
