Jharkhand

Bokaro

cc/15/60

Sundari Devi - Complainant(s)

Versus

The Branch Manager, Lic of India - Opp.Party(s)

MD. Atullah Ansari

11 Jan 2022

ORDER

1.         Complainant has filed this case with prayer for direction to O.P. to pay insurance claim of Rs. 75,000/- with 18% interest and for payment of Rs. 50,000/- and Rs. 5,000/- as compensation and litigation cost respectively to him.
2. Complainant’s case in brief is that Binod Kumar Manjhi was son of the complainant who took LIC policy No. 543464754  on 28.05.2006 and during enforcement of said policy on 27.04.2008 at 02:30 A.M. he sustained injury due to Railway Wagon movement and died on spot for which B.S.City U/D case No.12/2008 was instituted and postmortem was conducted on the body. Complainant is nominee of the policy who approached her local agent on 15.l0.2008 for claim settlement but it was deferred time to time without any positive reply on the matter. Lastly, finding no way complainant requested O.P. with papers who received acknowledgment with assurance that payment would be made soon. Since matter was not settled hence on 11.03.2015 Legal Notice was given having no impact, hence this case has been filed on 02.06.2015.
3.       On issuance of notice, O.P. Branch Manager, LIC of India Branch-1 Bokaro Steel City appeared and has filed W.S.  Apart from ornamental please there is specific plea of the O.P. that the policy concerned was unenforceable due to non payment of premium. Further reply is that there was no intimation to the LIC after death of the deceased rather after lapse of limitation period claim for payment has been made. Further it is case of the O.P. that alleged death was occurred on 27.04.2008 and O.P. has been approached for the first time on 13.06.2014 after lapse of more than 7 years of period. Apart from plea related to limitation other plea is that the case is not maintainable, there is no cause of action of the case.
4.       Heard Learned Counsel for both the parties and perused the case record. Complaint itself disclosing the fact that death was occurred on 27.04.2008 which is being substantiated from the papers annexed with the complaint petition such as post mortem report, death certificate etc. Acknowledgement slip dt. 13.06.2014 annexed with the complaint petition shows that for the first time policy bond and other papers have been submitted for claim settlement on 13.06.2014 before the O.P. after lapse of more than 6 years period. This case has been filed on 02.06.2015 after lapse of more than 7 years period from the date of death of the deceased. As per section 69 of Consumer Protection Act 2019 and section 24 A of Consumer Protection Act 1986 the limitation for filing of the case is 2 years from the cause of action.  The cause of action for the case arose on 27.04.2008 when death of the deceased was occurred. There is no evidence to show that claim was made before the O.P. prior to 13.06.2014. There is no prayer or application for condonation of delay in filing of the case.
5.      In light of above discussion we are of the opinion that case is hopelessly time barred which is not maintainable at all. Since case is hopelessly time barred hence, as per settled law discussion on other points is not being made by the Commission.  Accordingly, case is being dismissed with cost.