DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KANDHAMAL, PHULBANI

                                                                                     C.C.NO.66 OF 2022

                                                                                    Date of Filing : 03.11.2022

                        Date of Order : 26.12.2022

           1.Rusana Kanhar

           W/O- Mahadev Kanhar

           VILLAGE- Sikeri, PS- Phiringia

           DIST- Kandhamal

           2. Sameer Kanhar

            S/O- Late Sanjiban Kanhar

            VILLAGE- Sikeri, PS- Phiringia

            DIST- Kandhamal

           3. Sanuja Kanhar

            S/O- Late Sanjiban Kanhar

            VILLAGE- Sikeri,PS- Phiringia

            DIST- Kandhamal                                             ………….  Complainants

-Versus-

           Manager (CRM)

           Life Insurance Corporation of India,

           Bhubaneswar, Divisional Office                            .……... OPP. Party

Present: Sri Purna Chandra Mishra    - President.

                           Sri Sudhakar Senapothi     - Member.

For the Complainant: Mr.Krushna Chandra Senapati, Advocate & associates

For O.P.-  Ex-parte

JUDGEMENT

Sri Purna Chandra Mishra, President

Complainant Rusana Kanhar alongwith her two grandsons namely Sameer Kanhar and Sanuja Kanhar has filed this case U/s. 35 of CP Act 2019 alleging deficiency in service and unfair trade practice for not paying the insurance claim after the death of the policy holder and praying therein for direction to the OPs to disburse the insurance amount with interest and pay cost and compensations of Rs. 20,000.00 each for mental agony and cost of litigation.

1. Brief fact leading to the case is that the complainant is the mother-in-law of one Sanjeebani Kanhar who was having a LIC policy bearing no. 597102480 which was opened on 25.03.2014 and the wife of the policy holder Sangeeta Kanhar was the nominee and the insured value was Rs. 1,00,000/. The policy holder Sanjeebani Kanhar died on 04.04.2017 and the nominee died on 20.04.2017. After the death of the policy holder and the nominee, the complainant No. 1 who happens to be  the mother in law of Sanjeebani Kanhar made several approaches to the OPs but nobody attended her grievances to make payment of the insured amount to her and complainant No. 2 & 3  who happens to be the legal heirs of the policy holder for which she has filed this case alongwith complainant no. 2 & 3 praying therein for direction to the OPs to disburse the insurance amount with appropriate interest and Rs. 20000/- each for mental agony and cost of litigation.
2. Notice was sent to the OPs by registered post with postage prepaid in the correct address but the OPs did not appeared in-spite of service of notice. So, this commission proceeded to disposed off the case on the basis of ex-parte.
3. The complainants in support of their case have filed the copy of the Aadhar card of all the complainants, copy of the legal heir certificate of Late Sanjeebani Kanhar and Sangita Kanhar issued by Tahasildar, Phiringia, copy of the ration card, copy of the death certificate of Sanjeebani Kanhar and Sangita Kanhar issued by the competent authority, copy of the passbook of Sangita Kanhra of UCO Bank, Copy of the letter issued by LIC of India, copy of the policy bond with its annexure.
4. The only point of adjudication is whether the complainants are entitled to get the benefit of the insurance policy of Late Sanjeeban Kanhar. Notice was issued to the OPs but the OPs did not appear nor raised any protest against the allegations made by the complainants. It is seen from the copy of the Policy bond that the basic sum assured is Rs. 1 Lakh and the policy was in force from 25.03.2014 to 25.03.2033 and Sangeeta Kanhar was the nominee being his wife. Unfortunately both of them died during the force of the policy and the wife died soon after the death of the husband within a gap only 16 days and both the children i.e. complainant no. 2 & 3 being 9 & 6 years  respectively are taken care by complainant no.1. The complainant no. 1 is the grandmother of both the children and Tahasildar, Phiringia in the legal heir certificate has categorically stated that the 3 complainants are the legal heirs of Late Sanjiban Kanhar and Sangita Kanhar. Since the competent authority i.e. Tahasildar, Phiringia has already issued the legal heirs certificate infavour of the complainant on dated 27.02.2018. the legal heir are entitled to get the death benefit alongwith the basic sum assured and nonpayment thereof amounts to deficiency in service and the OPs are liable for causing deficiency in service and harassment to the complainants and hence the order.

ORDER

The Complaint petition is allowed ex-parte against the OP. The OP is   directed to make payment of the amount to the complainants and the share of money of complainant no.2 & 3 are to be kept in a fixed deposit in any nationalized bank till they attend majority and the share of complainant no.1 is to be disbursed to her. The OP is further burdened with compensation of Rs. 15,000/-(fifteenth thousand) only and a sum of Rs. 10,000/-(ten thousand) only towards cost of litigation. The order is to be complied within a period of 30 days from the date of receipt of this order failing which the amount as directed shall carry interest @ 12% per annum from the date of order till it is actually paid to the complainant.

                                              Computerized & corrected by me.

         I Agree

      MEMBER                                                                        PRESIDENT

Pronounced in the open Commissioner today on this 26th day of December 2022 in the presence of the parties.

                 MEMBER                                                               PRESIDENT