West Bengal

Murshidabad

CC/150/2017

Beli Bibi - Complainant(s)

Versus

Manager, IFFCO TOKIO General Insurance Co. Ltd. - Opp.Party(s)

MD. Saddam Hossain

05 Aug 2022

ORDER

 

 

                                     

 

 

IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, MURSHIDABAD AT BERHAMPORE.

                                     CASE No.  CC/150/2017.

 Date of Filing:                   Date of Admission:               Date of Disposal:

   07.09.17                                    14.09.17                           05.08.22

 

 

Complainant: Beli Bibi

         W/O- Md. Golam Mostafa Sk,

          Vill- Loknathpur,

                       PS- Rejinagar, Pin- 742189

                       

 

-Vs-

Opposite Party:  Manager, IFFCO TOKIO General Insurance Co. Ltd.

42-A, Shekespeare Sarani,

           Express Tower, 3rd Floor, Flat No. 3-A,

            Kolkata- 17

                          

 

Agent/Advocate for the Complainant             : Saddam Hossain

Agent/Advocate for the Opposite Party         : Prabir Banerjee.

 

 

            Present:   Sri Ajay Kumar Das………………………….......President.     

                             Sri. Subir Sinha Roy……………………………….Member.                        

                                Smt. Aloka Bandyopadhyay……………………..Member.

                                     

FINAL ORDER

 

 Sri.ajay kumar das, presiding member.

 

This is a complaint under section 12 of the CP Act, 1986.

                       

                             One Beli Bibi (here in after referred to as the Complainant) filed the case against Manager, Iffco Tokio Gen. Insurance Co. Ltd. (here in after referred to as the OP) praying for compensation alleging deficiency in service.

 

    The material facts giving rise to file the complaint are that:-

                             The Complainant is the mother of deceased Md. Sabkadar Ali Sk who purchased a Bima Uojana Policy in his name being Policy No. 31435091 under         (Pravashi Bharatiya Bima Policy 2006) with Iffco Tokio Gen. Ins. Co. Ltd. for the period 10.01.17 to midnight of 09.01.19. And the said Md. Sabkadar Ali sk went to Kuwait for labour profession under sponsorship of consolidated contractors Co. with a passport bearing No. N5807932.

                             Subsequently, the said Md. Sabkatar Ali Sk died on 01.02.17 at Al-Qushani Yah Area and his dead body was sent by the Quait Govt. to India and the same was received by the Complainant and relatives.

                             The Complainant being the mother and nominee of the said policy entitled to get death benefit of the deceased Md. Sabkatar Ali Sk. and accordingly the Complainant applied to the Insurance Company for getting the said benefit and filed all relevant documents and meet with the authority concerned for several times but the OP Insurance Company pay no heed to that effect and having no other alternative the Complainant filed this application for getting proper relief and redressal.

                             Finding no other alternative the Complainant filed this instant case.  

                

                Defence Case

                             After service of the notice OP put his appearance and filed written version on 04.02.2019 contending inter alia that the case is not maintainable, the petition is barred by the principles of estoppels, waiver and acquiescence, the petitioner be stopped by his own conduct, the petitioner is not entitled to get any relief at his forum and the petition is vague, indefinite and baseless.

                             Specific defence case is that the alleged accident took place on 01.02.2017 at Al-Qashani Yah area in aboard and it was found that the Complainant had purchase a policy under Pravasi Bhartiya Bima Yojana Policy-2006 and covering Personal accident covering death and permanent total disability, but as per their documents it is found that the death was occurred due to Asphyxia of Hanging, so it is a case of suicide and as such the Complainant is not entitle to get compensation as per norms and condition of the policy. The Complainant filed this instant case before the Ld. Forum with intend to grab the money from this OP and to make harassment. There is no deficiency of service on the part of this OP.

 

     On the basis of the complaint and the written versions the following points are framed for proper  adjudication of the case :

 

 

Points for decision

1. Isthe Complainant a consumer under the provision of the CP Act, 1986?

2. Has this Forum jurisdiction to entertain the complaint?

3. Has the OP any deficiency in service, as alleged?

4. Is the Complainant entitled to get any relief, as prayed for?

 

Decision with Reasons:

 

Point no.1

From the materials on record, we find that the deceased paid the premium of insurance policy and as such the petitioner being the legal heir of the deceased is the consumer. Moreover, this point was not raised either by the Complainant or by the OP at the time of hearing argument, and as such this point is decided in favour of the Complainant.

Point No.2

From the materials on record, we find that the Complainant Beli Bibi is a resident of village Loknathpur under PS Rejinagar within the District of Murshidabad. Such being the position, we are of the view that this Commission has jurisdiction to entertain the complaint, particularly when this point was not raised either by the Complainant or by the OP at the time of hearing argument, and as such this point is decided in favour of the Complainant.    

Point Nos. 3&4

                        Both the points are taken up together for the sake of convenience and brevity of discussion. The OP has stated in his written version that the matter was not informed to the OP and as such OP was not able to inspect the spot of the accident. On this point it is mentioned that one Sunny Bhandari, Authorised Signatory, IFFCO TOKIO Gen. Ins. Co. Ltd., General Manager, Berhampore, Murshidabad has stated in his evidence,

                        ‘’ That Md. Sabkatar Ali Sk. died on 01.02.17 at Al-Qashani Yah area and his dead body was send by the Quait Govt. to India and the same was received by the Complainant and relatives. This is true to my knowledge.

              The Complainant being the mother and nominee of said policy entitled to get death benefit of the deceased Md. Sabkatar Ali sk. The Complainant applied to the Ins. Co. Or getting the said benefit or file relevant documents and meet with authority concern for several times but OP Co. pay no heed to that effect. This is true to my knowledge.’’

                        The Complainant Beli Bibi has stated in his complaint that The Complainant is the mother of deceased Md. Sabkadar Ali Sk who purchased a Bima Uojana Policy in his name being Policy No. 31435091 under (Pravashi Bharatiya Bima Policy 2006) with Iffco Tokio Gen. Ins. Co. Ltd. for the period 10.01.17 to midnight of 09.01.19. And the said Md. Sabkadar Ali sk went to Kuwait for labour profession under sponsorship of consolidated contractors Co. with a passport bearing No. N5807932.

                        Subsequently, the said Md. Sabkatar Ali Sk died on 01.02.17 at Al-Qushani Yah Area and his dead body was sent by the Quait Govt. to India and the same was received by the Complainant and relatives.

                        At the time of hearing argument, Ld. Advocates for both the sides fairly submit before this Commission that the case of the Complainant is admitted by them but the only point of dispute is that as per submission of the Ld. Advocate for the OP that the Complainant is not entitled to the compensation amounting to Rs.10,00,000/- as value of insurance policy as the cause of death of the deceased was due to Asphyxia of Hanging. As per his submission it is a clear case of suicide and the case of the Complainant comes within the ‘’general exclusions’’ of the insurance policy.

                        Ld. Adv. for the Complainant submits that as the death of the deceased was due to Asphyxia of Hanging. So it is a clear case of unnatural death. As the Ld. Advocate for the OP submits that it is a case of suicide, so, the burden of proving the case of suicide lies upon the OP. But the OP has not placed any material to show that the deceased committed suicide. As the OP has failed to prove the same the Complainant is entitled to get the compensation as claimed for. In support of his contention he has sited a decision of the National Consumer Disputes Redressal Commission, New Delhi reported in Idbi Federal Life Insurance Co… Vs. Mrs. Anuva Ghosal, on 5^th January, 2015 and The United India Insurance Co… Vs. Smt. Manali Mohan Kadam and Others on 12 October, 2012.

                        In view of the matters discussed above and considering the legal position, we are of the view that the Complainant is entitled to get the relief as claimed for. In the result the instant complaint case is allowed on contest against the OP with litigation cost of Rs.2,000/-.

 

                       

Reasons for delay

The Case was filed on 07.09.17 and admitted on 14.09.17. This Commission tried its level best to dispose of the case as expeditiously as possible in terms of the provision under section 13(3A) of the CP Act,1986. Delay in disposal of the case has also been explained in the day to day orders.

    

In the result, the Consumer case is allowed.

    

     Fees paid are correct. Hence, it is

                                                                Ordered

 

that the complaint Case No. CC/150/2017 be and the same is  allowed on contest  against the OP with litigation cost of Rs.2,000/- ( Rupees Two Thousand) which is payable by OP to the Complainant within 60 days from this day.

            OP is directed to pay compensation of Rs.10,00,000/- (Rupees Ten Lakhs) as value of insurance policy with litigation cost of Rs.2,000/- to the Complainant within 60 days from this day in default the awarded amount will carry interest @ 6% PA from the date of this order.

            Let plain copy of this order  be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand  /by post under proper acknowledgment  as per rules, for information and necessary action.

The Final Order will also be available in the following Website:

    confonet.nic.in