Orissa

Cuttak

CC/122/2011

Sandhyarani Choudhury - Complainant(s)

Versus

Sahara India Commercial Corporation Ltd - Opp.Party(s)

N K Sahoo

22 Mar 2017

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

C.C No.122/2011

 

1.        Smt. Sandhyrani Choudhury,

W/O:Late Sunil Kumar Choudhury,

 

2.        Swagat Choudhury

S/O:Late Sunil Kumar Choudhury,

 

3.        Swagatika Choudhury,

D/O:Late Sunil Kumar Choudhury,

Being minor, represented through their

Mother Sandhyarani Choudhury,

All are of At/PO:Kumarpur,Via:Chabatia,

P.S:Gurudijhatia,Dist:Cuttack.                                                           … Complainant.

 

                Vrs.

 

1.         Sahara India Commercial Corporation Ltd.,

Command Office,Sahara India Bhawan-I,Kapoortala,

Complex,Lucknow.

 

2.        The Branch Manager,Sahara India,

Choudhury Bazar Branc,

Choudhury Bazar,PO:Chandini Chowk,

Town/Dist:Cuttack.

 

3.        The Branch Manager,

Sahara India,Chandichhak,

PO:Buxibazar,Town/Dist:Cuttack.

 

4.        National Insurance Company Ltd.,D.O.4,

Jivan Bhawan,

Phase-I,43Hazratganj,Lucknow.                                                      … Opp. Parties.

            

Present:               Sri Dhruba Charan Barik,LL.B. President.

Sri Bichitra Nanda Tripathy, Member.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:   24.5.2011

Date of Order: 22.03.2017.

 

For the complainant:       Sri N.K.Sahoo,Advocate & Associates.

For O.Ps(O.P.1,2 & 3) :    Sri Somanath Nanda,Advocate & Associates.

For O.P No.4:                     Sri B.Udgata,Adv. & associates.

 

Sri Bichitra Nanda Tripathy,Member.

                The complaint is against the O.Ps for deficiency in service.

1. The complainants are the wife and children of Late Sunil Kumar Choudhury.  Shortly the complaint is that Late Sunil Kumar Choudhury had invested  in 2 accounts with the O.Ps under the scheme “Sahara Rajat Yojana” & such two account nos. were 13529206695 and 13529206939 vide which Rs.10,000/- was deposited in each account on 28.8.2004 and 25.9.2004 respectively.  (Annexure-2 & 3).  Apart from credit values as payable for the said account (Annexure-1), in case of accidental death of an account holder within the stipulated period of 10 years the following amount was also payable against each account as per clause-18 of the scheme.  (Annexure-1-page-11).

If accidental death occurs                                                                                            Amount payable

1. After one year and up to 2 years.                                                                     Rs.50,000/-
2. After two years and up to 3 years                                                                     Rs.1,00,000/-
3. After three years and up to 4 years                                                                 Rs.1,50,000/-
4. After 4 years and up to 10 years                                                                        Rs.2,00,000/-

 

Account holder Sunil Kumar Choudhury died in a road accident on 18.5.2008(Annexure-4).  The nominee of Late Sunil Kumar Choudhury submitted required papers as directed by O.Ps 2 & 3 relating to the claim.  The complainant No.1(wife of Late Sunil Kumar Choudhury) was refunded with credit value which was payable after 3 years i.e. Rs.13,990/- in each account but could not get the amount payable on death i.e. Rs.1,50,000/- for each account which comes to Rs.3,00,000/- for two accounts as promised vide clause-18 of the said scheme.  On enquiry, the O.Ps intimated vide their letter dt.4.11.2009 and 16.11.2009 that the required papers relating to accidental claim of Late Sunil Kumar Choudhury has been submitted to the concerned Insurance Company for settlement.(Annexure-6). On 24.6.2010 again the complainant lodged written complaint with O.P No.1 for settlement of the claim (Annexure-7) but it yielded no result.

Finding no other way the complainants took shelter of this Hon’ble Forum.  She has prayed for the Insurance claim as payable for the said two accounts amounting to Rs.1,50,000/- each which comes to Rs.3,00,000/- with interest and a further sum of Rs.1,50,000/- as compensation towards harassment and cost of litigation.

Vide application dt.30..2011 under order-1 rule-10 of Civil Procedure Code-1908 the learned counsel for the O.Ps intimated this Hon’ble Forum to implead National Insurance  Company in the array of parties since such accounts were covered under Group Insurance Policy of National Insurance Company,DO-4,Jeevan Bhaban,Phase-1,43,Hazratganj,Lucknow vide Policy No.451500/46/07/9500000035 and such policy was valid for the period from 5.9.2007 to 4.9.2008.  Although the learned counsel for the complainant stated that such facts were never intimated to the complainant for which National Insurance Company Ltd. is not a necessary party.  The learned counsel for the O.Ps produced required papers indicating payment of claim amount by the said insurance company which also indicates that a sum of Rs.75,000/- has been paid for Late Sunil Kumar Choudhury.  As such National Insurance Company was taken as a party as on 7.3.2012.

2. The O.Ps(1 to 3) vide their written version dt.4.1.2012 have admitted that Late Sunil Kumar Choudhury had invested under Sahara Rajat Yojana in 2 accounts @ Rs.10,000/- each through Control No.13529206939 & 13529206695 on 28.8.2004.  But unfortunately died on 18.5.2009.  The O.Ps had taken a special contingency policy from National Insurance Company vide Policy No.451500/46/07/9500000035 which was valid from 5.9.2007 to 4.9.2008 to provide insurance cover to its employees, agents,Associates,Journalists,Sanchar Sathis and regular depositors/investors.  As per terms and conditions of the policy accidental death benefit is payable by National Insurance Company.  As such the present dispute is purely between the insurer (National Insurance Company) and the insured ( Late Sunil Kumar Choudhury).

The O.Ps (1 to 3) vide their written version dt.14.8.2013 had further intimated that the Group contingency policy No.451500/46/07/9500000035 which was valid from 5.9.2007 to 4.9.2008 was taken/hired by the Sahara India under which the accidental death of all the investors was insured.  Late Sunil Kumar Choudhury was an investor vide account No. 13529206939 & 13529206695. As such the complainant being the nominee of the deceased beneficiary under the policy and has got rightful claim against the Insurance Company.  National Insurance Company has settled the claim of the complainant for Rs.75,000/- unilaterally without consultation or consent of the parties.  The National Insurance Company is bound to honour his commitment made with O.P No.1 to 3.  However, the complainant has wrongly calculated the claim amount @ Rs.1,50,000/- for each account and thus has claimed Rs.3,00,000/- for both the accounts.  The OPs have also stated that  in comprehensive Group insurance policies, the benefit of accidental death claim is provided only per person and not per account.  Thus the complainant can claim Rs.1,50,000/- and the claim for Rs.3,00,000/- against two accounts is not admissible to which the complainant has not objected.

O.Ps (1 to 3) vide their written brief dt.23.12.2013 have again repeated the facts as stated above in their favour and O.P No.4 has also repeated the mater in favour of O.P No.4.  O.P No.4 has also intimated that the claim was settled for Rs.75,000/- on 9.2.2010 as per terms and conditions of the policy and the Sahara India(O.PNo.1) has signed the required discharge voucher without any objection towards full and final settlement of the claim and as such no further claim is maintainable against O.P No.4.  They have further intimated that O.P No,.4 vide their letter dt.7.3.2015 has intimated the details of terms and conditions to O.P No.1 to 3.  Such letter was acknowledged by Sahara India on 11.3.2005.  The claim was settled as per the terms and conditions of agreement as spelt out vide letter dt.7.3.2005.

The O.P.4 vide their written brief dt.5.4.2013 has intimated that the complainant or her husband(deceased) has not taken insurance policy from O.P No.4 and as such there is no relation of consumer  and service provider between the complainant and O.P No.4.  It was further intimated that GPA/SCP policy was sold by O.P.4 to Sahara India Ltd. to cover their investors and employees for personal accidental benefits for settlement of such claims and agreement was undertaken between O.P.4 and Sahara India Ltd.  As per provision of the said policy claim was lodged by Sahara India with O.P No.4 and as per agreed terms and conditions of such policy a sum of Rs.75,000/- was settled by O.P.No.4 and the discharge voucher was signed by Sahara India, the claimant without any objection.

3.                We have gone through the case in details, heard the learned counsels from all the parties at length, perused minutely the documents/papers as submitted by the complainants and as well as by the O.Ps including decisions of different courts as submitted by all the O.Ps.  We have observed that Late Sunil Kumar Choudhury had invested in two accounts with Sahara India @ Rs.10,000/- each during the period 20.8.2004 and 25.9.2004 and died in an accident on 18.5.2008.  The period of accidental death falls within the period from 3 years to 4 years.  As per clause-18 of such deposit scheme the nominee of the investor will receive Rs.1,50,000/- as accidental death cover.  Even if Late Sunil Kumar Choudhury has made two such accounts of Rs.10,000/- each the death cover available is per person and not per account.  As such the nominees of Late Sunil Kumar Choudhury will get Rs.1,50,000/-.  It is also a fact that Sahara India had taken a special contingency policy with National Insurance Co. Ltd. and the account of Late Sunil Kumar Choudhury was also covered under the said policy for which National Insurance Company has already paid a sum of Rs.75,000/- towards full and final settlement of the claim against Late Sunil Kumar Choudhury.  It is pertinent to mention it here the O.Ps (1 to 3) vide their letter dt.8.2.2005 has intimated the terms and conditions to O.P No.4 for such special contingency policy and vide letter dt.7.3.2005 O.P No.4 has intimated to Sahara India(O.Ps1 to 3) that the accidental death benefit occurring after  opening of account as proposed by O.Ps 1 to 3 (Sahara India) was not acceptable to O.P.4 and in spite of such declaration made by O.P.4, Sahara India has continued the policy with O.P.4 which was also valid for the period from 5.9.2007 to 4.9.2008 and the investor  Sunil Kumar Choudhury died on 18.5.2008 i.e. between such policy period. As per agreement of contract O.P.4 has already settled the claim for Rs.75,000/- on 9.2.2010 after receiving all claim papers as required for the purpose.  Moreover, Sahara India has accepted such claim against Late Sunil Kumar Choudhury without raising any objection, so we conclude that Sahara India has received the claim for Late Sunil Kumar Choudhury as per the policy agreement as made with National Insurance Co. Ltd.  But Sahara India has made a commitment to the investor vide clause-18 of such deposit scheme that the nominee of the investor is entitled to get Rs.1,50,000/- in case the death occurs between 3 to 4 years of making the deposit.  Investment in this particular scheme is by way of a contract in between the complainant and  Sahara India(O.Ps 1 to 3) . The Sahara India (O.Ps 1 to 3) are bound by the terms and conditions of said contract and it cannot avoid for payment under any circumstances  However, it is also open for Sahara India to get the paid amount reimbursed from National Insurance Company in case such an contract was made  with the concerned insurance company ( which O.Ps 1 to 3 have failed to prove before this Forum)to this effect by making proper application as per terms and conditions as agreed upon with the said Insurance Company.  But payment to the nominee must not be affected for this cause and nominee of the investor must not be allowed to suffer for such an act of O.Ps( 1 to 3).   As such the nominee is entitled to get such amount from Sahara India and not from National Insurance Co. Ltd.

Basing on the judgment as delivered by Hon’ble High Court of Odisha in W.P( C) No. 27646 of 2013 on 16/10/2014 and also basing on the  facts and circumstances as stated above, we conclude that Sahara India is at fault for deficiency in service and we allow the case against O.Ps(1 to 3) .  Since the complainants are supposed to receive Rs.1,50,000/- from Sahara India but have received only Rs.75,000/- from National Insurance Company, Sahara India(O.Ps 1 to 3) will pay the rest amount of Rs.75,000/- to the complainant.

                                                                                                ORDER

                   O.Ps 1 to 3 (Sahara India) will pay a sum of Rs.75,000/- to the complainant along with interest @ 12% per annum from  filing of this suit by the complainant  i.e.24.5.2011 till the date of final payment.  O.Ps(1 to 3) will also pay  sum of Rs.10,000/- towards cost of litigation to the complainant.  Such payment shall be made to the complainant within 45 days from the date of receipt of this order by Sahara India, failing which the complainant is at liberty to take shelter of this Hon’ble Forum again as per C.P.Act,1986.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 22^rd  day of March,2017 under the seal and signature of this Forum.

 

   (Sri B.N.Tripathy )

                                                                                                        Member                                                                                                                                                                                                           (  Sri D.C.Barik )

                                                                                                           President.

                                                                                                    (Smt. Sarmistha Nath)

                                                                                                              Member