The complainant filed this case U/S 12 of Consumer Protection Act, 1986 with the prayer directing the O.P. to pay the insured amount of Rs.50,000/- along with interest @ 9% p.a. and compensation of Rs.25,000/- for harassment and deficiency in service and litigation cost of Rs.5,000/- from the O.P./ insurance company.

The case of the complainant is that the complainant’s son Rihan Parvez made a life insurance policy vide No.86000052102 valid from 01.09.2008 to 01.09.2018 and the sum assured was Rs.50,000/- through O.P. No.2. On 01.09.2008 the premium of said policy Rs.521/- was paid but suddenly on 23.09.2008 said son died due to cardiac failure. Then his father Jamal Aktar submitted necessary papers to the office of the O.P. for getting insured amount of Rs.50,000/- on 14.11.2008 and thereafter several reminders for payment dated 04.11.2008, 12.12.2008 and 05.12.2010, but no payment is made. Unfortunately the said father Jamal Aktar died on 10.06.2011 then complainant sent a letter dated 10.08.2012 to the office of the insurance company for the said sum assured of Rs.50,000/- for the death of her son, Rihan Parvez. Cause of action arose, when the last correspondence was done by the complainant on 10.08.2012.

O.P. No. 1 and 3 appeared to contest the claim by filing written version where they denied the allegation that following the contract of the insurance policy, the company refused or neglected to pay the sum assured. That the complaint is filed after more than 5 years and is barred by limitation and that the company is not liable to pay any claim amount except death due to accident and during 45 days of the date of commencement. But at last O.P. stated that as a special case, as a service gesture O.P. has decided to settle the claim of Rs.50,000/- for death of said Rihan Parvez, and that his father Md. Jamal Aktar was  nominee under the insurance cover. Therefore the instant case filed by Shakila Bewa, allegedly the mother of Rihan Parvez, after the death of father Jamal Aktar on 10.06.2011, is not within the knowledge of O.P. and O.P. questioned whether the actual legal heir of Rihan Parvez makes the claim petition. At the same time O.P. is ready and willing to make payment of Rs.50,000/- towards the sum assured and decided to settle the claim as a special case. A copy of Membership Form and copies of D. Ds. was annexed as ‘B’ & ‘C’ and certificate of insurance annexure - ‘D’ was cited by the O.P. O.P. denied any deficiency in service and stated there is no cause of action to raise any legal dispute.

At the time of hearing the complainant filed certificate of counselor of Ward No.09 of Islampur Municipality certifying the fact that Rihan Parvez died on 23.09.2008 living behind legal heirs the parents Jamal Aktar & Shakila Bewa of whom Jamal Aktar also died on 10.06.2011.

The complainant filed an affidavit swearing before the Notary, Uttar Dinajpur stating all this fact. Peruse the complaint petition, the written version filed by the O.P. Nos. 1 & 3 and also the documents filed by the parties.

We are of the opinion that the complainant Shakila Bewa aged 53 years is the only legal heir of Rihan Parvez. At the time of hearing Ld. Lawyers of both sides agreed to settle the matter amicably out of this Forum and O.P., S. B. I. Life Insurance Company Limited is ready and willing to pay the insured amount of Rs.50,000/- to the mother of deceased Rihan Parvez i.e. the complainant.

In view of the discussions above we are also of the opinion that the claim be disposed of accordingly.

Fees paid is correct.

Hence, it is

ORDERED,

That the case being No.CC-70/2014 is allowed on consent of both parties and without cost.

That the complainant do get an award directing the O.P. No. 1 & 3 to furnish a cheque of Rs.50,000/- in favour of the complainant i.e. Shakila Bewa as insured amount under the policy within 30 days from the date of passing of this order. In default the awarded sum will carry an interest @ 9% p.a. from this date till realization.

The claim petition is thus disposed of on consent accordingly.

Copy of this order be supplied to each parties free of cost.