DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KANDHAMAL, PHULBANI
C.C NO.35 OF 2016
Present: Sri Rabindranath Mishra - President.
Miss Sudhiralaxmi Pattanaik - Member.
Sri Purna Chandra Tripathy - Member.
Smt. Arnapurna Pradhan, age- 52 years
W/O: Late Mohan Pradhan Vill: Haravhanga
PO/PS: Harabhanga Dist: Boudh .………………………….. Complainant.
Versus.
1. The Branch Manager,
L.I.C of India, Phulbani Branch
At/po/ps- Phulbani Dist: Kandhamal
2. The Sr. Divisional Manager,
L.I.C of India, Berhampur Division
At: Khadasingi, Main Road Berhampur
Dist: Ganjam
3. The Zonal Manager. LIC of India
East Central Zonal Office, Jeevan Deep Building
6th Floor, Exhibition Road, PATANA- 800001
…………………………….. OPP. Parties.
For the Complainant: Sri Sidheswar Das, Advocate
For the OPP. Parties: Sri Bijay Kumar Mohanty Advocate, Phulbani
Date of order: 27-02-2017
O R D E R
The case of the Complainant in short is that She is the nominee of her deceased husband Late Mohan Pradhan who started L.I.C policy bearing No. 580479423 on 28-11-1993 under the plan term 110-25-25 and the Quarterly Premium is Rs. 932/-. The sum assured to the tune of Rs. 75,000/- . The husband of the Complainant died on 24-08-2012 at his residence at Harabhanga, Boudh due to old age and heart stroke. The policy holder had deposited all the premiums before the O.P and the policy was in force at the time of his death. The Complainant being nominee applied in the prescribed format along with death certificate and other documents to the
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O.P to release death benefit of her late husband. But the O.Ps failed to settle the claim in spite of her repeated requests. As a result of which the Complainant is suffering mentally and financially, for which this complaint was filed by her against the O.Ps to get the assured amount with interest along with compensation of Rs. 20,000/- towards mental agony and harassment and Rs. 5,000/- towards cost of litigation.
The case of the O.Ps as per their joint version is that the cause of death of the policy holder is unknown and the premium for the month of 05/2012 & 08/2012 was paid on the date of his death i.e on 24-08-2012. The Complainant neglected to comply the requirements called for by the Opp. Parties ,for which the O.Ps were unable to settle the claim and they have no intention to harass the Complainant at any point of time .
During course of hearing we have heard the learned counsel of both the parties .We have gone through the complaint petition , the version filed by O.Ps and documents filed by both the parties in connection with this case . It is admitted fact that the deceased Mohan Pradhan was a LIC Policy holder bearing Policy No. 580479423 dated 28-11-1993 in which the sum assured to the tune of Rs. 75,000/-. It is alleged by the O.Ps that the claim of the Complainant was not settled by them due to non cooperation of the Complainant. There is no other strong allegation against the Complainant to dis-allow the complaint. So. The Complainant is entitled to get the death benefit of her husband late Mohan Pradhan. Accordingly the Complaint filed by the Complainant is allowed on contest against the O.ps.
The O.Ps are jointly and severally directed to release the death benefits of the policy of Late Mohan Pradhan bearing Policy No. 580479423 Dated. 28-11-1993 in favor of the Complainant who is the nominee of the said policy with 9 % interest per annum since 24-08-2012 till the date of payment, after observing the official formalities.
In the above circumstances we are not awarding any compensation in favor of the Complainant. The said order be complied within 30 days from the date of receipt of this order. The C.C is disposed of. Supply free copies of this order to both the parties at an early date.
MEMBER MEMBER PRESIDENT
