West Bengal

Paschim Midnapore

CC/86/2014

Madan Gopal Kubir - Complainant(s)

Versus

The Branch Manager, Life Insurance Corporation of India. - Opp.Party(s)

02 Sep 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

                             

Bibekananda Pramanik, President,

and  Kapot Chattopadhyay, Member.

   

Complaint Case No.86/2014

                                                       

                                                                     Madan Gopal Kubir……….……Complainant.

Versus

                         1)The Branch Manager, L.I.C.I.

                        2)The Divisional Manager, L.I.C.I…..Opp. Parties.

 

              For the Complainant : Mr. Bijoy Mookhopadhyay, Advocate.

              For the O.P.                : Mr. Swapan Bhattacharjee, Advocate.

 

Decided on: - 02/09/2015

                               

ORDER

                          Bibekananda Pramanik, President - Facts of the case, in brief, is that the complainant Madan Gopal Kubir is the father and nominee of  his son Gurupada Kubir, since deceased, who during his life time made a Life Insurance Policy being no.435714835 on 28/02/2004 by paying Rs.1,519/- as yearly premium against the sum assured of Rs.30,000/- through the authorized agent of the opposite parties/L.I.C.I.  On 30/01/2010, said Gurupada Kubir, son of the complainant, sustained deep blood injuries in a motor vehicle accident and subsequently he died at S.S.K.M. Hospital at Kolkata  on 02/02/2010.  On his death, Bhabanipur Police Station case no.144 dated 03/02/2010 was started and post mortem over the body of the deceased  was done vide P.M. no.138 in connection with Dantan P.S. case no.22/10 dated 11/02/2010 under sections 279/304(A) of I.P.C.  The complainant informed the Branch Manager of L.I.C.I. through the authorized agent along with F.I.R., P.M. report, death certificate, original L.I.C. policy, last renewal receipt etc. and being satisfied, opposite party no.1 granted a part claim of Rs.39,529/- in favour of the complainant with the assurance that final accidental death claim will be made after all verification.  Thereafter, on several requests and prayer by the complainant, the opposite

Contd…………..P/2

                                                                             

( 2 )

party no.1issued a discharged voucher on 05/1012 and the complainant sent the said paper with his signature on revenue stamp paper to the opposite party no.1 in time.  In spite of that, the opposite parties shown no interest to pay the accidental death claim of Rs.60,000/- to the complainant.  On 15/01/14, the complainant by sending a notice to the opposite party through his advocate praying for payment of death claim.  But the opposite party did nothing in the matter.  Such activities of the opposite parties suggest deficiency in service.  Hence,  the cause of action arose and the present complaint, praying for directing the opposite parties for payment of double benefit claim of Rs.60,000/- and for other reliefs.

                  By filing a joint written objection, the opposite parties have contested this case.  Denying and disputing the allegation against them, the opposite parties in the written objection have stated that the present complaint is not maintainable, that the complainant has no cause of action to file this case, that the complainant has not come in clean hands and that there is no deficiency in service on the part of the opposite party.  The specific case of the opposite parties is that the son of the complainant was a bona fide policy holder of L.I.C.I having policy no.435714835 and the sum assured was Rs.30,000/-.  On 02/02/10, Gurupada Kubir died and the present complainant, being the father of the deceased Gurupada Kubir, the policy holder, brought  the said fact of death of his son along with some documents with L.I.C.I.  After going through the documents of death, opposite parties settled the basic sum assured as well as bonus at Rs.39,529/- and issued a cheque vide no.0729586 dated 09/08/10.  At the time of issuing the cheque, the opposite parties assured the complainant that the accidental benefit  will be paid after submission of charge sheet/final report, Till date, the complainant did not produce any such documents i.e.  charge sheet/final report to the opposite parties and due to non production of those documents, the opposite parties could not be able to settle the accidental benefit of the deceased life assured.  It is stated that the complainant has filed this instant complaint by suppressing the real state of fact.  It is further stated that there is no deficiency in service on their part and they are ready to pay the accidental benefit to the complainant after verification of charge sheet/final report of the deceased life assured     

Point for decision

                      Is the complainant entitled to get the reliefs, as sought for?     

                   

Decision with reasons

                                At the very outset, it is to be stated that in support of his case, the complainant neither examined himself nor any other person as witness in this case but he filed few

                                                                                                                                                                                   Contd…………..P/3

 

                                                                                                    ( 3 )              

premium receipt and L.I.C  discharge voucher.  On the other hand, opposite parties have examined Sri Ashoke Kumar Ganguly, the Branch Manager of L.I.C.I Divisional Office, Kharagpur as O.P.W.-1 and two documents, namely a letter dated 13/09/14 & status report of the policy in question, filed on behalf of opposite parties, were marked as Exhibit-A&B respectively   during the evidence  of O.P.W.-1. 

                                     It is not denied and disputed that Gurupada Kubir,  since deceased, obtained a life insurance  policy vide no.435714835 on 28/02/04 and the sum assured of that policy was Rs.30,000/-.  It is also not denied and disputed that on 02/02/2010, said Gurupada Kubir died and after  his death,  his father Madan Gopal Kubir, the present complainant, being the nominee of that policy, was granted Rs.39,529/- as basic sum assured  as well as bonus amount of that policy and at that time, the opposite parties assured the complainant that the claim of accidental benefit will be paid after submission of charge sheet/final report.   According to the complainant, on several request by him, the opposite party no.1 issued a discharge voucher on 05/10/12 and the complainant sent that paper with his signature on revenue stamp paper to the opposite party no.1 in time but till now the opposite party did not show any interest to pay the accidental death claim of Rs.60,000/- to him for which he sent Advocate’s notice on 15/01/14 to the opposite parties.  In spite of that, the opposite parties did nothing for settling his claim.  As against this, it is the case of the opposite parties, as made out in paragraph 9 of their written objection, that the complainant did not produce any documents i.e. charge sheet/final report to them and due to non production of those documents,  they could not settle the accidental benefit of the deceased life assured.  In paragraph 10 of their w/o,  the opposite parties have also stated that they are ready to pay the accidental death benefit to the complainant after verifying the charge sheet/final report of the deceased life assured.  At the time of hearing of argument, Ld. Lawyer for the complainant brought our notice to a document i.e. a discharge voucher in form no.3801 of L.I.C.I, Kharagpur Divisional  office and submitted that after being satisfied with all necessary papers, so produced by the complainant,  the opposite parties issued that discharge voucher and accordingly the complainant put his signature on a revenue paper on that document and submitted the same before the opposite parties for settlement of accidental death benefit.  In reply, Ld. Lawyer for the opposite parties submitted that in spite of non production of charge sheet/final report, they issued the said discharge voucher on good faith to the complainant with the hope that he would produce the copy of charge sheet/final report.  This document i.e. the discharge voucher pre-supposes that on getting all required documents, this discharge voucher was issued by

                                                                                                                                                                                     Contd…………..P/4

                                                                             

                                                                             ( 4 ) 

               the opposite parties to the complainant, who in turn, submitted the same on 05/10/12 after putting  his signature on revenue paper there on.  Admittedly, the claim of accidental benefit under that policy has not yet been settled by the opposite parties.  This inaction on the part of the opposite parties amounts to deficiency in service, for which the complainant has been compelled to file this case.  It is, therefore, held that the complaint case deserves to be allowed.                                                                          

                                     

                                                  Hence, it is,

                                                                         Ordered,

                                                                               that the complaint case no.86/2014 is allowed on contest against the opposite parties  with cost.  The opposite parties are directed to settle the claim of accidental benefit under that policy as per rules within two months from this date of order on production of copy of charge sheet/final report afresh by the complainant.  Opposite parties are further directed to pay Rs.5,000/- (five thousand) to the complainant towards litigation cost within two months from this date of order. 

                 Dictated & Corrected by me

                                Sd/-                                                Sd/-                                     Sd/-

                           President                                         Member                              President

                                                                                                                          District Forum

                                                                                                                       Paschim Medinipur