Orissa

Kendrapara

CC/64/2023

Anurupa Kar - Complainant(s)

Versus

Sasmita Kar - Opp.Party(s)

Sri N.Samantaray & Associates

01 Nov 2023

ORDER

OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,
KENDRAPARA, ODISHA
 
Complaint Case No. CC/64/2023
( Date of Filing : 03 May 2023 )
 
1. Anurupa Kar
D/o- Late Rabindra Kar At/Po- Purusottampur Dist-Kendrapara
Odisha
...........Complainant(s)
Versus
1. Sasmita Kar
W/o- Late Rabindra kar At/Po- Purusottampur Dist-Kendrapara
Odisha
2. Debasmita Kar
D/o-Late Rabindra Kar At/Po- Purusottampur Dist-Kendrapara
Odisha
3. Branch Manager,
LIC of India, Kendrapara Division. At/Po/Dist-Kendrapara
Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Pravat Kumar Padhi PRESIDENT
 HON'BLE MR. Bibekananda Das MEMBER
 
PRESENT:Sri N.Samantaray & Associates, Advocate for the Complainant 1
 Sri Rajesj Roshan Swain & Associates, Advocate for the Opp. Party 1
Dated : 01 Nov 2023
Final Order / Judgement

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

 
 
[HON'BLE MR. Pravat Kumar Padhi]
PRESIDENT
 
 
[HON'BLE MR. Bibekananda Das]
MEMBER
 

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