BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
CACHAR :: SILCHAR
Con. Case No. 30 of 2014
Md. Ikbal Hussain Mazumder, ……………………………………. Complainant.
-V/S-
1. Punjab Metlife India Insurance Co. Ltd.
Regd. Office Brigade Sashamahal, No.5 Vani Vilas Road,
Basavanagudi, Banglore – 560004……………………………….... O.P No.1.
2. Punajb National Bank, Represented by its Branch Manager,
Silchar Branch, Hospital Road, Silchar-1 ……………………….. Proforma O.P.
Present: - Sri Bishnu Debnath, President,
District Consumer Forum,
Cachar, Silchar.
Mrs. Chandana Purkayastha, Member,
District Consumer Forum,
Cachar, Silchar.
Shri Kamal Kumar Sarda, Member,
District Consumer Forum,
Cachar, Silchar.
Appeared :- Sri A. Biswas, Advocate for the complainant.
Sri Debabrata Deb, Advocate for the O.Ps.
Date of Evidence……………………….. 04-02-2015, 14-05-2015
Date of written argument……………… 16-06-2015, 12-06-2017
Date of argument………………………. 14-08-2017
Date of judgment………………………. 30-08-2017
JUDGMENT AND ORDER
Sri Bishnu Debnath,
- Md. Iqbal Hussain Mazumder, the son of the deceased Sonahar Ali Mazumder brought this complaint against Punjab Metlife India Insuranc Co. Ltd. and against Punjab National Bank (PNB), Silchar Branch for award of compensation including payment of sum assured of Rs.8,40,000 – Rs.73,625 = Rs.7,66,374.56/. In this case, Md. Iqbal Hussain Mazumder is referred as Complainant, Punjab Metlife India Insurance Co. Ltd. is referred as O.P.No.1. and Punjab National Bank, Silchar branch is referred as O.P.No.2.
- The Complainant brought the following facts. His father deceased Sonahar Ali Mazumder purchased an Insurance Policy during his lifetime from the O.P.No.1 on 30/04/2013 vide Insurance Policy No.21068338 under Metsmart Platinuim Unit Ltd. Insurance Plan. But very unfortunately after payment of three quarterly insurance premium @ Rs.30,000/- per quarter, on 12/12/2013 the insurer died on normal cause. Accordingly, the Complainant being son of the deceased and nominee for the aforesaid Insurance Policy, submitted claim Form before the O.P.No.1. But the O.P.No.1 repudiated the claim of the Complainant and at the same time send a cheque of Rs.73,625.44 in favour of the Complainant as full and final settlement of the amount. Being aggrieved the Complainant send a pleader notice on 29/05/2014 but the O.P.No.1 has not settled the claim. Therefore the Complainant rather compelled to institute the instant case.
- On receiving the notice from this District Forum both the O.Ps submitted their W/S separately. The O.P.NO.1 in his W/S stated inter alia that the deceased died on Cardio respiratory failure due to septicemia on his left foot. The O.P.No.1 also stated that prior to submit the proposal Form to purchase the insurance policy the insured Sonahar Ali Mazumder was hospitalized for a period from 05/03/2013 to 15/03/2013 due to Diabetic with Liver Cirrhosis and gangrene on left foot. But the aforesaid fact of illness was not disclosed in the proposal Form, for which as per O.P.No. 1 the deceased life assured violated the terms and conditions of Insurance policy and as such Insurance Company is not liable to pay sum assured to the Complainant due to death of the Life assured Sonahar Ali Mazumder. O.P.No.2 in his W/S also stated that the Claimant is not entitled to any relief because the case is false and fabricated and also the case is bad for misjoinder of party.
- During hearing the Complainant deposed as PW and exhibited as many as 8 (Eight) documents including Insurance Policy, Death certificate of deceased Sonahar Ali Mazumder etc. The O.P.No.1 also examined its Manager (Legal) Mr. M. Uday Kumar Jain as D.W and exhibited 4(Four) series of document including copy of proposal Form, copy of Medical certificate (M.C), copy of hospital discharge certificate etc. The O.P.No.2 did not examine any witness. However, both the Ld. Advocate of the Complainant and the Ld. Advocate of the O.P.No.1 submitted written argument. We have heard oral argument of the O.P but none has appeared for oral argument on behalf of the Complainant, we have also perused the evidence on record and written argument of both sides counsels.
- It is admitted fact that Life assured Sonahar Ali Mazumder died on 12/12/2013 i.e during the period of coverage of life risk in view of the Insurance Policy No. 21068338 vide Ext. 1. The Complainant in his complaint stated that the life assured Sonahar Ali Mazumder died normally on 12/12/2013, but the O.P.No.1 very illegally repudiate the claim. The plea of the O.P. NO.1 is that the cause of death of the Life assured Sonahar Ali Mazumder was Cardio respiratory failure due to Septicemia. However, the Complainant by adducing evidence exhibited death certificate (DC) vide Ext. 3. In that certificate nothing mention regarding the cause of death. But the O.P.No. 1 by adducing evidence of DW 1 exhibited some medical papers in connection with the treatment of the deceased life assured Sonahar Ali Mazumder. The O.P.NO.1 exhibited the medical certificate issued by the attending doctor, i.e Dr. Asik Iqbal Mazumder. As per the said medical certificate the deceased Sonahar Ali Mazumder was under his treatment, as the patient was suffering from type 2 (Two) Diabetes and developed severe infection on left foot and the cause of death was cardio respiratory failure due to septicemia. To support the said cause of death the O.P.No.1 also exhibited other relevant medical paper which includes discharge certificate of Silchar Medical College Hospital (SMCH). As per that Discharge certificate the deceased Sonahar Ali Mazumder was admitted to the SMCH as Indoor patient on 05/03/2013 because he was suffering from Hepatitis B with Cirrhosis.
- From the above evidence on record it is concluded that one and half month prior to purchase of the Insurance Policy from the O.P.No.1, the deceased Sonahar Ali Mazumder was suffering from Hepatities B with liver cirrhosis and Doctor’s certificate revealed that he was also suffering from gangrene on left foot, while he was of diabetic patient.
- But in the proposal Form for purchasing the Insurance Policy he did not furnish the above information regarding his disease rather furnishes information in negative in the appropriate column. So, we do believe the plea of the O.P.No.1 that the life assured deceased Sonahar Ali Mazumder knowingly suppressed the information regarding his disease in the proposal Form. Therefore, the O.P.No.1 has rightly repudiated the claim of the Complainant.
- In view of the above observation and finding we are of opinion that the Claimant is not entitled any relief as sought for or any other relief as per equity. Therefore, this case is dismissed on contest without any cost of the proceeding.
Given under the hand of the President and Members of this District Forum and seal of the Office of the District Forum on this the 30th day of August, 2017.
