Orissa

Rayagada

CC/376/2016

Tripathi Choudury - Complainant(s)

Versus

The Branch Manager, SBI Life Insurance - Opp.Party(s)

Self

09 Mar 2018

ORDER

DISTRICT   CONSUMER  DISPUTES REDRESSAL    FORUM, RAYAGADA,

STATE:  ODISHA.

C.C. Case  No. 376/ 2016.                                        Date.      09  .3. 2018.

P R E S E N T .

Dr. Aswini  Kumar Mohapatra,                                   President

Sri GadadharaSahu, .                                                      Member.

Smt.  Padmalaya  Mishra,                                             Member

 

Sri Tripathi Choudhury, S/O: Sri Padmna  Choudhury, AT: Adarsha Nagar, 5^th. Lane, Po: Gunupur, Dist: Rayagada, State:  Odisha.                                                                                                                                                                                                                              …….Complainant

Vrs.

1.The Branch Manager, SBI Life Insurance, Bhubaneswar.

2.The Branch Manager, SBI Life Insurance, Rayagada.                                                                                                                                                                      .…..Opp.Parties

Counsel for the parties:                         

For the complainant: - Self.

For the O.Ps  :- Sri N.N.Panda, Advocate, Rayagada.

                                J u d g e m e n t.

        The  present disputes arises out of the complaint petition filed by the above named complainant alleging deficiency in service  against  afore mentioned O.Ps for non payment towards   death claim assured amount a sum of Rs.2 lakhs bearing policy No. 24058967709  to the nominee/complainant.

On being noticed the O.Ps filed joint written version and submitted that  the facts which are not specifically admitted may be treated  as denial of the O.P.  The O.Ps taking other pleas in the written version   sought to dismiss the complaint as it is not maintainable  under the C.P. Act, 1986  and there is no deficiency in service on the part of the O.Ps.   Hence the O.Ps prays the forum to dismiss the case against  them  to meet the ends of justice.

The O.Ps appeared and filed their written version.  Heard arguments from the    complainant  and  the learned counsel for the O.Ps.    Perused the record, documents, written version  filed by the parties. 

The  parties   advanced arguments vehemently opposed the complaint touching the points both on the facts  as well as on  law.

                                                         FINDINGS.

There is  no dispute that the complainant  is the nominee in the policy No. 24058967709.   

On perusal of the written version filed by the  O.Ps  it is  revealed that  SriPurna Chandra Panigrahi (Deceased life assured) was the holder of the Unit plus –II bearing  policy No. 24058967709  with date of commencement   of the policy as on  Dt.23.9.2008 for a Basic sum assured of Rs.2 Lkahs. Sri  Purna Chandra Panigrahi  had  nominated  Mrs. Tripathi Choudhury as nominee under the policy, and the relationship was mentioned as spouse in the proposal  under  question No. 3.   The O.Ps had received legal notice from Sri Prapat Chandra Panigrahi challenging nomination under the policy. The Deceased  life assured  is reported to  have expired on  15.9.2013.   The  claim was registered based on the legal  notices. That claim  amount payable under policy bearing  No.   24058967709 is Rs.2,00,000/- being the sum assured under the policy.

Further there was a rival claim under the policy bearing No. 24058967709 which is in dispute in the present complaint. The O.Ps have kept  the payment under abeyance and has sent letters to both  the nominee and rival claimant to prove   their title under the policy. As the title  under the policy was disputed, the  O.Ps have called for the Succession certificate from the  competent court of law  from the nominee/complainant  under the policies as well as from Sri  Pratap Chandra Panigrahi, brother of deceased life assured.

The complainant has alleged that a letter Dated. 23.8.2016 was sent by the  brother of the insured conveying that he has no claim over the amount. However, the  O.Ps  have not received any such letter. Further, in the proposal form  of policy  bearing No. 24058967709 which is in dispute under  the present complaint, the name of the nominee is mentioned as Tripathi Choudhury and the relationship was mentioned as spouse under question No.3.  However, in the present complaint, Mr. Tripathi Choudhury has claimed to be the brother of the deceased. As per the records  the father of  D.L.A. Mr. Purna Chandra Panigrahi is Mr. Natabar Panigrahi wheter as the name of father of the complainant is mentioned as Mr. Padmana Choudhury.

The  O.Ps have kept the payment in abeyance and is ready to pay the amount i.e. Rs.2 lakhs to the legal heirs as  decided  by the Court of competent  having jurisdiction.

On  perusal of the written version  filed  by the  O.Ps  it is revealed that  the  O.Ps  contended that  due to  non submission of the following  documents the  claim  of the complainant is not yet settled.

1. Succession  certificate.   

2.Claim form .

3.Deah certificate.

4. Hospital treatment  certificate.

5.Address and photo identity proof.

6.Original policy document.

At  this stage this forum observed   the interest of justice  would met if  the O.Ps. received  all the documents relating to the case from   the complainant  and be settled the matter.   

This forum completely agreed with the version of the O.Ps  mentioned in the written version  inter alia  documents  filed.

To  meet the  ends of justice, the following order is passed  accordingly.                                                                                 

                                                            ORDER.

            In  resultant   the complaint petition  stands dismissed  on  contest against  the O.Ps. 

  The complainant is directed to  submit all the documents pertaining to the above case  to the O.Ps   to get the assured amount.  Parties are left to bear their own cost.

   Serve the copies of above order to the parties free of cost.

 

Dictated and corrected by me

Pronounced on this          9th.   Day of    March  ,   2018.

 

Member.                                                             Member.                                                             President