Orissa

Baudh

CC/68/2017

Gitarani Mishra Satapathy - Complainant(s)

Versus

Secretary,Boudh Co-Operative Central Bank Ltd,Boudh - Opp.Party(s)

26 Dec 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BOUDH
NEAR CIRCUIT HOUSE, BOUDH, 762014
 
Complaint Case No. CC/68/2017
( Date of Filing : 29 Nov 2017 )
 
1. Gitarani Mishra Satapathy
At/Po/Dist:Boudh
...........Complainant(s)
Versus
1. Secretary,Boudh Co-Operative Central Bank Ltd,Boudh
At/Po/Dist:Boudh
2. Manager,Life Insurance of India Division Office,Pension and Group Insurance Schme
Plot NO 756 Near Indoor Hall Saheed Nagar,Bhubaneswar7
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Padmanava Mahakul PRESIDENT
 HON'BLE MRS. Mamatarani Mahapatra MEMBER
 
PRESENT:
 
Dated : 26 Dec 2018
Final Order / Judgement
  1.  Alleging deficiency of service and unfair trade practice the complainant filed this case against the O.Ps for a direction to release GSLI amount along with compensation.
  2. The case of the complainant is that her husband was working as an employee under the O.P.No.1.During the service period the husband of the complainant died on 13.9.2016 due to heart stroke. The husband of the complainant has   deposited GSLI premium which was deducted from the salary   from time to time. After the death of her husband the complainant has applied before the O.PNo1 for settlement of   GSLI claim .The complainant has submitted all the required documents before the O.P.N.1 which has been transmitted  before the O.P.No.2 vide letter No.  146 dtd.21.4.2017 for settlement of GSLI claim of the deceased husband of the complainant. After four months on 28.8.2017 the O.P.No.2 has credited Rs.33,060/- in the account of the complainant The complainant   did not  get the full amount  of the deceased life assured .The complainant made representation before the O.P. for settlement of the full claimed amount .As the O.P. did not take any steps the complainant filed this case before this forum  for a direction to release his death claim amount under GSLI scheme.
  3.    After being noticed, the O.Ps appeared in this case and filed their separate counter in this case. The case of the O.P.No.1 is that   the case is not maintainable and the allegation made in her petition are not true and correct. The O.P.No.1 admits that the husband of the complainant has opened GSLI policy vide No. 260035 under the O.P.No.2.The premium of the policy were deducted from the salary  of the husband of the complainant and deposited with the O.P.No.2.The O.P.No.1 has deposited Rs.55,565/- towards premium including the premium of the husband of the complaint and other Policy holder. The O.P.No.1 also deposited the fine amount of Rs.5,020/- with the O.P.No.2 .The O.P.No.1 is not liable to pay any compensation and pray for dismissal of the case. The case of the O.P.No.2 is that, the petition filed by the complainant are not true and correct .The husband of the complainant is entitled  to get only Rs.33,060/-. The complainant is not entitled the life cover assured of Rs.80,000/- as death occurred in the lapse period and premium has not been received in time. The husband of the complainant died on 13.9.2016.As such the complainant is not entitled  the death benefit  .As the bank has  submitted a list of 38 members with a declaration of  good health of individual  .The O.P further submits  that the complainant has received  the Rs.33,060/- as full and final towards GSLI claim settlement. The O.P. further prays that the case is not maintainable and pray for dismissal of the case. The complainant  filed documents  to show that  premium has been deducted  and also a letter issued by O.P.No.2 for settlement of GSLI scheme under master policy No.2300   .The O.P.No.1 files documents like Xerox copy  note sheet  on payment of GSLI amount, alongwith a letter dtd.144 dtd.21.7.2017 and also the renewal list  of salary deduction for month June, 2015 to  Augsut,2016 and also the month reconciliation statement for GSLI and also letter  received from O.P.No.2 dtd.13.5.2017 by O.P.No.1 and also letter dtd.7.6.2017  by O.P.No.1 to O.P.N.2.
  4. During the course of hearing the complainant has given much stress upon on payment of his premium of GSLI master premium before the O.P.No.1 regularly of the salary of her late husband. The O.P.No.2 had received the premium amount from O.P.No.1 .The O.P.No.2 further submits that the fine amount from the O.P.N.1 for non-payment of regular payment of the said GSLI policy. The amount paid by the o.P.No.1 to the O.P.No.2 was not in regular. The premium amount paid by the complainant husband was received by O.PNo.2  has not settled the claim at a belated stage by that time  the husband  of the complainant and the policy was lapsed for which the O.P.No.2  has  not settled  the death claim of the husband of the complainant from the said GSLI policy. There is no dispute between the parties that the husband of the complainant was working as an employee before the O.P.No.1.The GSLI policy was opened by him and premium amount has been   deducted from the salary of the husband of the complainant. The O.P.No.2 also did not dispute about the said policy and deposited her premium amount .Though premium amount has been deposited by the O.P.No.1 and it has been accepted by the O.P.No.2 on acceptance of fine amount. By that time the husband of the complainant was also dead when the policy amount has been deposited by the O.P.No.1 for the latches of the O.P.No.1 the complainant’s husband has not entitled the death benefit claim. Regular premium has been deducted from the salary of the complainant by the O.P.No.1and the same has been deposited before the O.P.No.2.As such the complainant is a consumer against the O.Ps.
  5.   Taking into consideration of the case of the complainant and documents filed by her so also the submission made by the O.P. and counter filed by them we allow the case of the complainant in part and direct the O.P  No.1 and O.P.No.2  to pay Rs.40,000/-(forty thousand ) only  each to the complainant as death claim benefit. The O.P No.1 is further directed to pay Rs.1,000/-(Rupees one thousand) only towards compensation and litigation expense to the complainant within one month from the date of this order, failing which the complainant is at liberty to take steps against the O.P. for realization of awarded amount.

Order pronounced in the open court under the seal and signature of the Forum, this the 26th day of December, 2018.

 
 
[HON'BLE MR. Padmanava Mahakul]
PRESIDENT
 
 
[HON'BLE MRS. Mamatarani Mahapatra]
MEMBER
 

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