MR. PRAVAT KUMAR PADHI, PRESIDENT:-
Complainant has filed C.C.Case No. 64/2023 has been filed U/s-35 of C.P.Act, 2019 seeking direction to disburse the maturity value of the policies in favour of the Complainant and Op No. 1 & 2 and not to disburse the same only in favour of Op No.1 in any manner. Complainant claims to be the second unmarried daughter of the deceased Policy holder Rabindranath Kar. Complainant and OpNo.2 &3 are the legal heirs of the deceased Policy holder as such they are consumers as defined U/s-2(7) of C.P.Act, 2019.
The name of the Complainant appears in all the documents i.e, Aadhar Card, CBSE Certificate, Birth Certificate, Legal heir Certificate etc.. The Ops have disputed the right, title, interest of Complainant. In such a disputed situation neither the OpNo.3 nor this Commission can take any action to disburse the maturity amount/death claim. The more the delay the more loss for both the parties. Since disputed question of fact is involved in this case, the same should have been decided by the appropriate Civil Court. The Counsel for Complainant filed decision of Honbl’e High Court of Odisha in WP( c) No. 13627/2007, wherein it was held that, the Hon’ble Court directed both the parties to appear before the Insurance Company with their identification and the amount may be released by the Insurance Company in favour of the Petitioner in presence of the nominee.
Keeping in view the above position of law, we direct the Op No.3 to fix a date and call both the parties and explain the position of law and if both parties agreed, then amount may be disbursed in accordance with rules and if any dispute arises then Op No.3 shall keep the amount lying and await the decision of appropriate Civil Court.
With the aforesaid observation and direction the C.C.Case No. 64/2023 alongwith IA No. 33/2023 are accordingly disposed off. No order as to cost.
Issue extract of the order to the parties for compliance.
Pronounced in the open Commission, on this the 1st day of November,2023.
I, agree.
Sd/- Sd/-
MEMBER PRESIDENT