Judgment & Order dt. 29.01.2018
The case of the complainant is that the husband of the complainant made a policy of Star Union Dai – ichi Insurance Company Limited under the SUD Life Pradhan Mantri Jeevan Jyoti Bima Yojana from the Master Policy Holder Bank of India at Balurghat Branch and the first premium of Rs.330/- the said policy was debited from the Savings Bank A/c No.:432410110004859 of her husband and in this policy her name was inserted as nominee and thus her husband was become a consumer within the meaning of C.P. Act, 1986.
That unfortunately her husband died on 15.8.2016 and after the death of her husband the complainant submitted the claim form, for getting claim of death benefit of Rs.2 lakh on death of her husband being the nominee of her husband, on 14.9.2016 before the Branch Manager of Bank of India, Balurghat Branch, Dakshin Dinajpur along with all the relevant papers.
That thereafter different occasion she went to the office of the OP No. 1 but in every occasion they take a new plea and till to-date they did not pay the claim amount of the said policy to the complainant and finally she became bound to take shelter before this Forum for getting proper redress.
The complainant in her complaint has prayed for getting insurance claim amount i.e. Rs.2 lakh along with interest @12 % p.a. and compensation of Rs.10,000/- for the mental pain and agony and a sum of Rs.10,000/- as litigation cost.
The complainant has filed some relevant documents in support of her claim which are as follows:-
- Original passbook being A/c No. 432410110004859 as exhibit No.1;
- Original death certificate of Shiben Chandra Adhikari, deceased the complainant’s husband as exhibit No.2;
- Original receipt copy of claim letter dt. 7.2.2017 as exhibit No.3
- Model Proforma of concerned Insurance claim on PMJBY as exhibit No.4.
The OPs are so negligent that they had taken no step against the Summons of this Forum. This reveals the disrespectful attitude to this Forum as well as to the consumer’s interest on the part of both the OPs.
On perusal of the written complaint and the documents filed by the complainant following points have been framed.
Points for determination
- Whether the complainant is a consumer or not?
- Whether the complainant is entitled to get relief or reliefs as prayed for?
DECISION WITH REASONS
All the points are taken up together for the sake of brevity and convenience of discussion.
Point Nos.1 & 2
It is fact that the husband of the complainant made a policy of Star Union Dai – ichi Insurance Company Limited under the SUD Life Pradhan Mantri Jeevan Jyoti Bima Yojana from the Master Policy Holder Bank of India at Balurghat Branch and the first premium of Rs.330/- the said policy amount was debited from the Savings Bank A/c No.:432410110004859 of her husband and in this policy the name of the complainant was inserted as nominee and thus her husband became a consumer within the meaning of C.P. Act, 1986.
That unfortunately her husband died on 15.8.2016 and after the death of her husband the complainant automatically became a consumer within the meaning of C.P. Act. The complainant submitted the claim form, for getting claim of death benefit of Rs.2 lakh on death of her husband being the nominee of her deceased husband, on 14.9.2016 before the Branch Manager of Bank of India, Balurghat Branch, Dakshin Dinajpur along with all the relevant documents, but on different occasions the complainant went to the office of the OP No. 1 but the OP No. 1 did not pay the claim amount taking new plea.
From the case record and documents filed as well as submission made by the complainant, we are of the opinion that the complainant is a consumer and there is a gross negligence and / or deficiency in service on the part of OP No. 1.
In the result, the complainant’s case succeeds and the complainant is entitled to get reliefs as prayed for.
Hence, it is
O R D E R E D
that the instant complaint case 56/2017 be and the same is allowed on ex-parte against the OP Nos.1 & 2.
The complainant is entitled to get insurance claim amount i.e. Rs. 2 lakh along with interest @ 8% p.a. w.e.f. 7.2.2017 to 28.2.2018 as the complainant herein the nominee of the deceased insurer submitted her claim to the OP No. 1 on 7.2.2017 as per record and compensation amount of Rs.10,000/- for the mental pain and agony and a sum of Rs.10,000/- as litigation cost from the OP No. 1.
Both the OPs are jointly and severally liable to pay the same.
The OP No.1 is directed to pay Rs.2 lakh as insurance claim along with the interest accrued thereon for the period mentioned above and compensation amount of Rs.10,000/- for the mental pain and agony and Rs.10,000/- as litigation cost to the complainant within 30 days from the date of this order, failing which the complainant is at liberty to execute the order as per C.P. Act, 1986, and the complainant is also entitled to get interest @ 8% p.a. until full realization of the said amount.
Let a plain copy of this order be furnished to the parties concerned forthwith free of cost.
