Brief fact of this case is that, the father of the complainant has purchased a L.I.C. policy “Jivan Kishore with profit” with sum assured amount of Rs.50,000/- bearing Policy No.582468843 covers from 15.02.1999 till maturity of the policy i.e. on 15.03.2019 from Op.No.1 to assured the life of present complainant who was then minor. The premium was fixed at Rs.2400/-yearly for 102-20 table Term and the last date of payment was 15.02.2018. The mother of the complainant namely Bijaylaxmi Giri was Nominee U/S 39 of the Insurance Act.1938. Accordingly the father of the complainant went on paying the premiums on yearly basis up to 03/2002. That, Ashok Ku.Giri father of the complainant died on 21.12.2002 and as the LA was then minor the nominee Bijayalaxmi Giri intimated the death of the LP to Op.No.1 after Sudhikriya and Op.No.1 has asked to submit the death certificate of LP and on receipt of the same the Op.No.1 closed further premium deposits and advised the nominee to wait till the date of maturity of the policy i.e. up to 15.03.2019. As per instruction of the Op.No.1, the Nominee has deposited all documents like Original Policy Bond, death certificate of L.P, all the money receipts towards payment of premiums and medical documents in support of treatment and death of LP before Op.No.1. That, after maturity date again the complainant and the Nominee visited the Office of the Op.No.1 for payment of sum assured but by some plea and others the OP.No.1 delayed the matter. After several requests when the Op.No.1 did not pay any heed towards payment the complainant again sent one application on dt.19.02.2020 to Op.No.1 enclosing the Xerox copies of documents duly attested, the Op.No.1 did not come forward to pay the assured amount and finding no other way out the complainant filed this complaint. Non-payment of assured amount against the policy is nothing but deficiency of service and for such act the complainant put to mental agony and financial loss and harassed like anything for which he is entitled for compensation and Ops. are liable to pay the same. That cause of action is continuing as correspondence is going on with the Ops and Ops have neither repudiated nor rejected the claim till date as such period of limitation for filing complaint is not barred. Hence, the complainant prayed for necessary orders to be passed to Ops to pay the assured amount of Rs.50,000/- with interest from the date of maturity, further to pay Rs.40,000/- towards compensation for mental agony, physical harassment and financial loss and Rs.10,000/- towards cost of litigation comes a total of Rs.1,00,000/-(Rupees One lakh).
The complainant relies upon the following documents:
- Photocopy of Policy Bond.
- Photocopy of receipt towards last payment of premium.
- Photocopy of Death certificate of L.P.
- Photocopy of letter addressed to Op.No.1 dt.19.02.2020 by the complainant.
On the above complain, the case is admitted and notice issued to the Ops for filing written version. In their written version the OPs stated regarding purchase ofa policy before Op.No.1 namely “Jivan kishore with profit” with sum assured of Rs.50,000/- bearing No.582468843 of the complaint are admitted by Op.No.1. Sri Ashok Kumar Giri (LP) died on 21.12.2002 are not wholly admitted by the Op.No.1 because as per the policy holder information the date of death of proposer Ashok Ku.Giriwas 21.12.2002 and the OP received the death intimation on 01.11.2019.So the complainant is put to strict proof of that. That after death of the LP the nominee of the said policy was asked to submit the Original Policy Bond, death certificate of LP and all the money receipts towards payment of premium are partly admitted. It is pertinent to mention here that on 04.11.2019 the Policy holder submitted death intimation with Policy Bond, NEFT and Death certificate. After maturity date time and again the complainant and nominee visited the office of the OP.No.1are false and not admitted by the OP.No.1. In fact the maturity claim was paid on 30.03.2019 for Rs.23,900/- through cheque which was lying in the Stale account. The complainant stated that after several request when the Ops did not paid any heed towards payment of assured amount the complainant again sent one application to Op.No.1 enclosing all Xerox copies. Non payment of assured amount against the policy is nothing but deficiency of service by the OP. Which are false and fabricated which needs strict proof. It is pertinent to mention here that this OP is always ready for the process the payment of maturity as per policy condition. The true fact of the case is that, the complainant was not cooperated this OP No.1 by providing the required documents and papers in time and the payment process will be made as soon as possible by fulfilling the terms and condition of the policy. The allegations made in the complaint are meant to derive illegal gain from the Op.No.1. Hence, the complaint is devoid of any merit is liable to be dismissed.
The OP relies upon the following documents:-
No enclosures.
ISSUES.
On the above pleadings the following issues are framed to decide the case.
- Whether the case is maintainable?
- Whether any cause of action arises on this case?
- Whether Ops have made any deficiency of service?
- Whether the complainant is entitled to get any relief sought for?
FINDINGS
In this case all the issues are interrelated to each other so they are discussed jointly to decide the case. The Policy No.582468843 of sum assured Rs.50,000/-, the term table of 102-20 (Jeevan Kishore with profits.).Though it is a children policy the learned Advocate could not show the condition of premium waiver after the death of life proposer. The life proposer died on 21.12.2002 after the completion of three years of policy. The complainant filed the claim before the Op. As per the version of Ops the maturity claim was paid on 30.03.2019 for Rs.23,900/- to the life assured through cheque which was lying in stale account. On dt.28.06.23 the OP deposited the matured amount of Rs.28,753/- in the account of life assured which was credited in her account. The question arises whether the OP has to pay Rs.50000/-sum assured to life assured after maturity but there is no such condition in the policy bond. The OP has made payment in due period of claim application. There are no specific documents submitted by complainant regarding delay in payment. On the other hand the OP submitted that the complainant was not co-operating the OP for providing required documents and papers in time to fulfil the terms and conditions of the policy. The learned Advocate of the complainant also could not satisfy how much money the life assured has to get after getting the claim of Rs.28,753/-.He only submitted the claim amount is less. In this situation this Commission feels that the complainant is not entitled to get any relief so the case is not maintainable.
ORDER
The complaint case being devoid of merits is dismissed without any cost.
