Orissa

Jajapur

CC/45/2014

Biraja Kishore Behera - Complainant(s)

Versus

Rakesh Kumar Mohanty - Opp.Party(s)

P.Ray

21 Aug 2015

ORDER

IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JAJPUR.

                                                                      Present:  1.Shri Biraja Prasad Kar, President,

                                                                                      2.Sri Pitabas Mohanty, Member,

                                                                                      3.Miss Smita Ray, Lady Member.                                                                 

        Dated the 21st day of August,2015.

                                        C.C.Case No.45 of 2014

Braja kishore Behera,S/O Late Prahallad ch.Behera

Vill.Gouda Sahi,P.O.Mansara,P.S.Binjharpur,

Dist.Jajpur.

…… ……....Complainant .

                                     (Versus)                                                       

1.Rakesh kumar Mohanty,S/O Dillip kumar Mohanty

     At.Nanpur,P.O./ P.S.Balichandrapur ,Dist.Jajpur.

2.Branch Manager,H.D.F.C STANDARD LIFE INSURANCE CO.LTD,

At/ P.O./ Bani vihar  Bhubaneswar,Dt.Khurda.

 

3.The Manager,H.D.F.C,STANDARD LIFE INSURANCE CO.LTD, Ureka

Towers 5^th floor ,5^th floor,mind space complex,link Road,Malad. West.                                                  

                                                                                                                       ……………..Opp.Parties.                                                                                                                                                                                                                                                                                                                                          

 

For the Complainant:                      Sri  L.D.Nayak, Advocate.

For the Opp.Party No.1                 Sri  R.K.Mishra,Sri L.M.Mohanty, Advocates.

For the Opp.Party No.2 and 3  Sri B .M.Pattanaik,R.K.Dash,P.Ray,H.K.Sunani,S.C.Rana,Adv                                                                              

                                                                                                 Date of order:   21. 08. 2015.

SHRI  PITABAS  MOHANTY, MEMBER .

                        Deficiency in service is the grievance of the complainant.

                        The facts as stated by the complainant in the complaint petition are that his father was the policy holder of H.D.F.C standard Life Insurance and product H.D.F.C person super .  The father of the O.P.no.1 is the colligue of the complainant there is a cordial relation between the complainant and the father of the O.P. no.1 .Owing to the above opportunity the O.P.no.1 went to the house of the complainant and persuaded to the late father Prahallad Behera of the complainant to be a Life assured of H.D.F.C pension  super,. The complainant and his father has been motivated by the O.P no1. So the father of the complainant became a Life Assured holder bearing policy No.13456063. The plan started on dt.12.02.2010 and the maturity date is 12.02.2025. Term of 15 years. The premium has been fixed an amount of Rs.8,000/- .It was half yearly premium.

                        The complainant is the  nominee of the Life Assured .The complainant used to pay the premium amount through O.P.no.1 regularly and obtained receipt thereof . The complainant due to financial hardship could not pay the next premium after payment of 3 consecutive premium. Thereafter the L.A met a road accident on 10.06.2012 .

                        The complainant has made a payment towards 3 premium amount of Rs.25,000/- including interest and also revised amount to the O.P no.1 at his house in presence of Kalandi Behera and Sapan Kumar Das. The O.P no.1 gave assurance to the complainant to supply the money receipt after depositing the above amount. The complainant had awaited months together but the O.P no.1 did not give money receipt to the complainant inspite of several request still the complainant had a faith upon the O.P no.1. But the O.P no.1 used to avoid the complainant. When the father of the complainant died owing to the accident, the complainant being a nominee claimed to get the benefit from the office of the O.Ps. but the O.P repudiated the claim of the complainant with an intimation that policy has lapsed due to non deposit of premium amount.

                        Accordingly finding no other way the complainant has filed the present dispute with the prayer to direct the O.Ps to settle the death benefit and to pay Rs.50,000/- as compensation for mental agony ,harassment and monetary loss .

                        After appearance the O.Ps. have filed the written version denying the allegation of the complaint petition.

                        As per written version the O.P no.1 taken the pleas as stated below:

1. The present dispute is not at all maintainable in the eye of law.
2. That the father of the complainant became a life assured holder bearing policy No.13456063. The plan started on dt.12.02.10 and the maturity date was 12.02.2025 since period of policy is 15 years . The premium has been  charged  an amount of Rs. 8,000/- . It was half yearly premium.

                        It is false to say that the complainant is the nominee of the life assured and the complainant used to pay the premium amount through O.P no.1 regularly and obtained receipt thereof and the complainant due to financial hardship could not pay the rest premium after payment of 3 consecutive premium and there after the L.A met a road accident on 10.06.12 and he was under one medical treatment as an indoor patient since 28.09.12 and unfortunately he breathed on 29.09.12. The complainant has made a payment towards 3 premium amount of Rs.25,000/- including interest and also revised amount to the O.P no.1 at his house in presence of Kalandi Behera and Sapan Kumar Das . The O.P no.1 gave assurance to the complainant to supply the money receipt after depositing the above amount. The complainant had awaited months together but the O.P no.1 did not give money receipt to the complainant inspite of several request though the complainant had a faith upon the O.P no.1. But the O.P no.1 used to avoid the

complainant. When the father of the complainant died owing to the accident, the complainant being a nominee claimed to get the benefit from the office of the O.Ps. but the O.P repudiated the claim of the complainant with a intimation that policy has lapsed due to non deposit of premium amount. All the allegation made by the complainant against the O.P no.1 are all false, fabricated, concocted  at all and the complainant is to prove his all allegations strictly.

                        Under the above  facts and circumstances the complainant should be rejected with  an exemplary cost .

                        The O.P. no.2 and 3 stated in their written version that the complainant case is not maintainable as the allegations are beyond the scope of section-2(1)(d) of the C.P. Act.

                        It is an admitted fact that the complainant had obtained a policy being HDFC Pension Super Plan” having policy No.13456063 on dt.08.02.2010 . The term of the above policy is of 15 years with a mode of half yearly premium of Rs.8,000/- .That the complainant after paying the first 3 premium dues has stopped the payment and as a result the policy was lapsed due to non payment of premium which is admitted by the complainant in his complain petition itself.

                        That all of a sudden the complainant has intimated the death of the life assured and by getting the information regarding the death of the policy holder . The O.P immediately process the claim payable under the lapsed policy and paid an amount of Rs.3,712.74/- on dt.05.05.12 by NEFT as benefit payable under the said policy. That is the unutilized fund value as per clause-5(ii) of the policy term and conditions. The complainant on dt.05.03.2013 had made an complaint to the O.P and the same was replied by the O.P on dt.14.03.13 clarifying the doubts of the complainant against the letter dt.05.03.2013 of the  complainant . The averment made in para-5  regarding payment of Rs.25,000/- towards default premium and interest are not at all aware by the O.Ps. The O.Ps. have responded to all queries of the complainant when the same was made by him, which is quite evident .  Hence the O.Ps. prays that the matter be dismissed against them as they have acted as per the terms and conditions of the Insurance policy.

                        After perusal of the record along with documents in details we are inclined to decide the dispute on the following observations:-

(a)As regards the policy there is no doubt the complainant father obtained a policy of HDFC pension Super Plan bearing policy No.13456063 on dt.12.02.2010 . The policy became lapsed at the time of accident of the life assured as admitted by the complainant .

(b)  The averments made in para-5 regarding payment of Rs.25,000/- towards defaulted premium of policy and interest  of the complaint petition regarding payment of Rs.25,000/- to O.P no.1 ( as default premium of policy) with interest. We are in the considered view that in absence of any documentary evidence regarding payment of defaulted premium amount we are declined to accept such contention of the complainant.

.                                                           O R D E R

                    In the net result the dispute is dismissed .  No cost.

          This order is pronounced in the open Forum on this the 21st day of August ,2015. under my hand and seal of the Forum.