DATE OF FILING : 30-09-2013. DATE OF S/R : 30-10-2013. DATE OF FINAL ORDER : 28-01-2014. Smt. Sayar Devi Baid, wife of late Bahadur Singh Baid, residing at P-54, VIP Road, C.I.T. Scheme, 7M, 3rd floor, Kakurgachi. Kolkata – 700054.--------------------------------------------------------------- COMPLAINANT. - Versus - 1. New India Assurance Company Ltd., Howrah Branch, Unit No. 512200, having their office at P-2 Dobson Road ( 2nd floor ), P.S. Golabari, District – Howrah, Howrah – 711101. 2. Golden Trust Financial Services Ltd., having their office at 10, R.N. Mukherjee Road, 1st floor, Kolkata – 700 001.------------------------------------------------OPPOSITE PARTIES. P R E S E N T President : Shri T.K. Bhattacharya, M.A. LL.B. WBHJS. Member : Shri P.K. Chatterjee. Member : Smt. Jhumki Saha. F I N A L O R D E R 1. The instant case was filed by complainant U/S 12 of the C.P. Act, 1986 wherein the complainant has prayed for direction upon the o.p.no. 1 to release the claim amount of Rs. 5 lakhs together with interest @ 18% and compensation of Rs. 1 lac together with litigation costs of Rs. 10,000/- as the O.P. no. 1 New India Assurance Company Ltd., in spite of submission of the proper claim form did not release the amount on several pretexts. 2. The o.p. insurance company in their written version challenged the maintainability of the complaint and contended interalia that the deceased Bahadur Singh Baid was not a field worker of the O.P. no.2, G.T.F.S. and that Bahadur Singh Baid, since deceased was engaged as a full time agent of Life Insurance Corporation of India. So the complaint should be dismissed. 3. O.P. no. 2, Golden Trust Financial Services in their written version supported the complaint and reiterated that Bahadur Singh Baid was a field worker and that the policy was issued by the O.P. no. 1 after proper scrutiny. 4. Upon pleadings of both parties two points arose for determination : i) Is there any deficiency in service on the part of the O.Ps. ? ii) Whether the complainant is entitled to get any relief as prayed for ? DECISION WITH REASONS : 5. Both the points are taken up together for consideration. The death of the insured Bahadur Singh Baid on 21-02-2007 not being disputed, the O.P. no. 1 cannot shove their responsibility under the carpet. 6. The policy certificate distinctly reflects that it was issued in favour of Bahadur Singh Baid after proper scrutiny wherein the complainant Smt. Sayar Debi Baid was shown as nominee. After issuing the Annexure A, the O.P. no. 1 cannot wriggle out from their obligation by raising fragile reasoning whether the deceased fell the category of field worker or not. To be precise the O.P. no. 1 cannot have any respite from the rigours of law and is bound to release the insured amount in favour of the complainant. Both the points are accordingly disposed of. In the result, the complaint succeeds. Hence, O R D E R E D That the C. C. Case No. 340 of 2013 ( HDF 340 of 2013 ) be and the same is disposed of on contest with costs against the O.P. no. 1 and dismissed without costs against O.P. no. 2. The O.P. no. 1 be directed to release the insured amount of Rs. 5,000,00/- in favour of the complainant within 30 days together with interest @ 9% from submission of the claim from i.e., 19-04-2007 till date of payment within 30 days from the date of this order The o.p. no. 1 do also pay a compensation of Rs.20,000/- to the complainant for causing prolonged harassment. The complainant is also entitled to a litigation cost of Rs. 3,000/- from the O.P. no. 1. The complainant is at liberty to put the decree into execution after expiry of the appeal period. Supply the copies of the order to the parties, as per rule. DICTATED & CORRECTED BY ME. ( T.K. Bhattacharya ) President, C.D.R.F.,Howrah. | 
