Ld. Advocate(s)
For Complainant: Mahua Chowdhury/Debraj Das
For OP/OPs : Swapan Ghosh
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Date of filing of the case :06.12.2019
Date of Disposal of the case : 01.06.2023
Final Order / Judgment dtd.01.06.2023
Complainants above named filed the present complaint u/s 12 of the Consumer Protection Act, 1986 praying for direction to the OP to pay accidental death benefit, compensation amounting to Rs.8,00,000/- and Rs.25,000/- as cost of the case.
They alleged that their predecessor Debabrata Sikdar who died on 20.09.2017 due to fatal accident was a consumer of the OP. He had purchased one LIC Policy vide no.423408867 on 25.04.2003. Sum assured of the said policy was Rs.50,000/-. Subsequently, he took loan of Rs.25,000/- against the said policy. Relating to the death of said policy holder namely Debabrata Sikdar one FIR was lodged vide no.86/2017. Thereafter, present complainants informed the fact of said accident before the OP and claimed the benefit. OP on 07.02.2018 paid sum of Rs.57,676/- after adjustment of aforesaid loan account. But they did not allow the death benefit which was included in the said policy. Complainant No.1 filed one RTI application on 04.09.2019 thorough Advocate asking him under what reason complainants were deprived from getting any benefit of death and how the amount has been calculated at the time of aforesaid payment on 07.02.2018. But OP rejected the said petition on 24.09.2019 as this application involved personal information hence the complainants filed this case.
OP contests the case by filing a W/V denying entire allegations contending inter-alia that the complaint is baseless, complainants has no locus-standee and complaint is bad for non-joinder of necessary and proper parties. They further contended that complainants have filed this case against the OP very cleverly. He denied the para-wsie allegation of the petition of complaint. He further stated that there is no question of deficiency in service. The averments of the complaint is false, baseless and without any foundation and only creation for the purpose of this false case. Petition failed to submit the necessary documents as per requirements of the policy matter and payment matter. OP issued a letter to complainants on 08.12.2017 but they did not give any reply. Complainants are not entitled to death benefit. He is also not entitled to compensation amounting to Rs.8,00,000/- and they are also not entitled to cost of Rs.25,000/-. Complainant Suchitra Sikder did not comply rules and regulations and norms of the LICI and suppressed the material facts. He prayed for the dismissal of the case.
Trial
During trial complainant No.1 filed affidavit in chief. OP submitted interrogatories and complainant gave answer.
During trial complainants filed following documents
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Documents
Complainant produced the following documents viz :
- Original Savings Account Pass Book of Bank of Baroda..........(One Book)
- Original copy of LIC Premium Receipt amounting to Rs.3190/- dtd, 16.04.2015.......(One sheet)
- Original reply u/s 11(1) of RTI Act, 2005 sent by OP dtd.11.09.2019........(One sheet)
- Xerox copy of petition under RTI Act, 2005 sent by complainant through his Ld. Advocate dtd. 03.09.2019.........(Four sheets)
- Original copy of reply dtd. 24.09.2019 under RTI Act, 2005 sent to OP dtd. 24.09.2019........(One sheet)
- Original copy of Postal Receipt dtd. 04.09.2019...........(One sheet)
- Original copy of petition under RTI Act, 2005 sent by complainant through his Ld. Advocate dtd.04.09.2019..........(Three sheets)
- Original copy of Death Certificate date of Registration 24.10.2017.......... (Date of death 20.09.2017) (One sheet)
- Authenticate copy of document...............(Six sheets)
10)Xerox copy of receipt dtd. 06.12.2017..........(One sheet)
11)Xerox copy of document dtd.04.11.2018..........(One sheet)
12)Xerox copy of Case Diary dtd.31.12.2017.........(Two sheets)
Brief Notes of Argument
Complainant filed BNA. OP also filed BNA.
Decision with Reasons
We have carefully gone through the petition of complaint, W/V of the OP, affidavit in chief of the complainant No.1, interrogatories submitted by the OP and answer submitted by the complainant No.1 and documents on record. We do not find any reason to disbelieve those documents because no objection has been raised against the aforesaid documents. Accordingly, those documents are considered. We have also considered the aforesaid petition of complaint, W/V and affidavit in chief.
It is admitted position that complainant’s predecessor Debabrata Sikdar had purchased one LIC Policy vide no.423408867. Date of
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commencement of the policy is 25.04.2003, sum assured Rs.50,000/-, yearly premium Rs.3190/-. Complainants not yet filed the copy of policy. I find from the petition of complaint that he already deposited the necessary papers before the office of OP and got Rs.57,676/-.
OP could produce the said policy but he did not produce the same. Said policy is very much necessary for adjudication this case but OP did not filed the same he withheld the said policy in his custody the reason best known to him.
Complainants alleged that as per said policy present complainants are entitled to death benefit that is sum assured of Rs.50,000/- if the death is accidential. So, we have no other alternative but to believe the aforesaid contention of the complainants.
Accordingly, we are of the firmed view that complainants are entitled to death benefit amounting to Rs.50,000/- if death was accidental and deposited amount of the policy plus bonus.
It is admitted possession that OP already paid deposited amount plus bonus minus dues of the loan account amounting to Rs.57,676/-.
Complainants’ Ld. Adv. argued that OP did not provide the death benefit amounting to Rs.50,000/- to them.
In reply Ld. Adv. for the OP argued that it is fact that complainants are entitled to death benefit amounting to Rs.50,000/- but they could not produce documents in support of the fact that policy holder Debabrata Sikdar died in an accident.
We have carefully gone through the other documents relating to death of Debabrata Sikdar.
On perusal of P.M. Report, we find that P.M. doctor found scalp haematoma fractured in the left side of forehead fractured at temporary side in both right and left and also found multiple injuries. After completion of P.M. report Autopsy surgeon opined that aforesaid death was due to shock as a result of external injuries of brain, spleen, lungs like vital organs.
On perusal of the final report submitted by police we find that death of Debabrata Sikdar took place in an accident while he was travelling in a motorbike and during journey knocked in a bridge and sustained injuries and subsequently died. Police after thorough enquiry found that dead of the said person took place due to the aforesaid accident.
On perusal of other documents relating to said police case, we find that Debabrata Sikdar sustained injuries in an accident and subsequently died.
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From the aforesaid discussion, it is clear before us that said Debabrata Sikdar died due to accidental injuries. Accordingly, he is entitled to death benefit of Rs.50,000/- as per the said policy.
Having regard to the aforesaid discussion, we are of the firmed view that complainants have able to establish their grievance before this Commission.
We also find from the record complainants are the consumer and OP is the service provider.
In the result present case succeeds.
Hence,
It is
Ordered
that the present case be and the same is allowed on contest against the OP with cost of Rs.5,000/- (Rupees five thousand) to be paid by the OP in favour of the complainants.
OP is directed to pay Rs.50,000/- (Rupees fifty thousand) as death benefit relating to the aforesaid LIC Policy along with interest @ 9% per annum from 07.02.2018 to till the date of actual payment within one month failing which complainants shall have liberty to put this into execution.
OP is further directed to pay Rs.10,000/- (Rupees Ten thousand) in favour of the complainants as compensation within one month from this date failing which complainants shall have liberty to put this order into execution.
Let a copy of this order be supplied to both the parties as free of costs.
Dictated & corrected by me
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PRESIDENT
(Shri DAMAN PROSAD BISWAS,) ..................... ..........................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
We concur,
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MEMBER MEMBER
(NIROD BARAN ROY CHOWDHURY) (MALLIKA SAMADDAR)
