In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, 4^th Floor, Kolkata-700087.

CDF/Unit-I/Case No.405/2010.

1)                   Soma Kundu,

            27, G.T. Road, Baidyabati, District-Hooghly.                                ---------- Complainant

---Versus---

1)                   National Insurance Co. Ltd.,

1, Shakespeare Sarani, Kolkata-700071.

Also division III, National Insurance Buliding,

Gr. Floor, 8, India Exchange Place, Kolkata-700001.

2)                   Golden Trust Financial Services Ltd.,

16, R.N. Mukherjee Road, 1^st Floor, Kolkata-700001.                               ---------- Opposite Party

Present :           Sri Sankar Nath Das, President.

                        Dr. Subir Kumar Chaudhuri, Member.

Order No.   29    Dated  29-11-2013.

          The case of the complainant in short is that O.p. no.1 is an insurance provider and o.p. no.2 is the registered agent of o.p. no.1. Sanjay Kundu (now deceased) was a policy holder under o.p. no.1 and the policy was made by o.p. no.2. The name of the policy was Group Janata Personal Accident Insurance Policy. Sanjay Kundu on 2.3.02 deposited the one time premium of Rs.1015/- with o.p. no.2. O.p. no.1 issued the policy certificate of sum assured of Rs.5 lakhs covering a period of 7 years commencing from 31.3.02 to 30.3.09 bearing policy certificate no.100300/47/01/9700022/01/96/31161.

            All of a sudden on 24.5.05 Sanjay Kundu met with a train accident at Bandel Station and expired. On 24.6.05 complainant informed o.p. no.2 and o.p. no.2 issued a claim form to the complainant and complainant submitted the claim form with all relevant documents within the stipulated time of 90 days. On 3.12.05 o.p. no.2 forwarded the claim form to o.p. no.1 along with a forwarding letter dt.3.12.05 and sent the copy of the same to the complainant also.

            On 17.3.06 o.p. no.1 sent a letter to the complainant asking for some documents and complainant complied with the requirements by a letter dt.5.4.06. On 27.8.06 o.p. no.1 appointed an investigator to investigate the claim of the complainant which was sent to the complainant for proper co-operation from her side to complete the investigation.

            On 1.11.06 o.p. no.1 sent a letter to the complainant stating that the process regarding her claim is going on and side by side they asked the complainant to submit the detailed progress of New India Assurance Co. Ltd. (another insurance company where the complainant had a claim with).

            Thereafter, a number of correspondences occurred between o.p. no.1 and the complainant, but till today o.p. no.1 neither settled the claim of the complainant nor repudiated the claim. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.

            O.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.ps. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.

Decision with reasons:

            We have gone through the pleadings of the parties, evidence and documents in particular and we find that the complainant has some other insurance policy wherefrom complainant got the said insured sum, but this fact was suppressed to o.ps. by the complainant.  

            In view of the findings above and on perusal of the entire materials on record we are of the opinion that the complainant is not entitled to relief.

            Hence, ordered,

            That the case is dismissed on contest without cost.