The Complainant has filed this case alleging deficiency-in-service by the O.Ps, where O.P No.1 is the Branch Manager, Shriram Life Insurance Company Ltd., Balasore and O.P No.2 is the Asst. General Manager- Sri E Sridhar, Shriram Life Insurance Company Ltd., Hyderabad.

                    2. The case of the Complainant in brief is that the Complainant being an agent in O.Ps-Company and also son of the deceased as well as nominee of Policy holder/ deceased namely Kedarnath Barik. The deceased was a Policy holder under O.Ps-Insurance Company vide Policy No.NP-141400125467 for Sum assured Rs.50,000/- (Rupees Fifty thousand) only and accordingly, deposited Rs.4,935/- (Rupees Four thousand nine hundred thirty five) only towards yearly premium on 11.09.2014. But, the Policy holder died on 10.11.2014 in his house and the Complainant being the nominee submitted claim form A,B,C along with Policy bond and relevant documents before O.P No.1 for death claim of deceased-Kedarnath Barik. The O.Ps on receipt of such documents along with claim form from the Complainant had not paid death claim of the deceased even after several request made by the Complainant in this regard. Accordingly, the O.Ps vide their letter dt.28.08.2015 intimated the Complainant that “the Policy holder submitted one School leaving certificate, which was a fake certificate and enquired several documents such as regarding the health, habits, family history, personal medical history and income of the Policy holder etc. only” in order to harass the Complainant and tried to grab the insurance amount by the O.Ps. Thus, the Complainant served legal notice to the O.Ps through his Advocate on 23.11.2015 requesting them to pay death claim of the deceased within 15 days of receipt of such legal notice. The O.Ps on receipt of said notice sent one fruitless letter on 01.12.2015, which was received by the Advocate of the Complainant on 09.12.2015. The Complainant has prayed for payment of death claim with interest along with compensation for mental agony and harassment.    

                    3. The O.Ps are set ex-parte.

                    4.  In order to substantiate his claim, the Complainant has filed certain documents as per list, whereas the O.Ps have not filed any documents in their support. Perused the documents filed. It has been argued on behalf of the Complainant that he is the nominee of the deceased, being son of the Policy holder namely Late Kedarnath Barik, who died on 10.11.2014 and the Sum assured of the Policy was Rs.50,000/- (Rupees Fifty thousand) only and the Policy holder has deposited Rs.4,935/- (Rupees Four thousand nine hundred thirty five) only towards yearly premium and died subsequently. When death claim was submitted by the Complainant, being the nominee, the O.Ps repudiated the claim and intimated the Complainant that the Policy holder has submitted one School leaving certificate at the time of commencement of the Policy, which was a fake certificate. The O.Ps-Insurance Company also enquired several documents such as regarding the health, habits, family history, personal medical history and income of the Policy holder etc. only to harass the Complainant. Then the Complainant sent legal notice to the O.Ps through his Advocate, but the O.Ps failed to settle the death claim, for which the Complainant has filed this case in the Forum praying for payment of death claim with interest along with compensation for mental agony and harassment. On the other hand, the O.Ps are  set ex-parte in this case, for which the entire claim of the Complainant remained uncontroverted. We also found no reasonable ground to why the O.Ps denied to settle the claim of the Complainant. 

                    5. So, now on careful consideration of all the materials available in the case record, this Forum come to the conclusion that it is a fit case to direct the O.Ps to settle the claim of the Complainant and the O.Ps are jointly or severally liable to pay the Sum assured of Rs.50,000/- (Rupees Fifty thousand) only along with other benefits, if any and the O.Ps are also jointly or severally liable to pay compensation of Rs.5,000/- (Rupees Five Thousand) only and litigation cost of Rs.1,000/- (Rupees One Thousand) only to the Complainant within 60 days of receipt of this order and failure to comply the same will carry interest @ 10% per annum, which will meet the ends of Justice in this case. Hence, Ordered:-

                                                     O R D E R

                         The Consumer case is allowed on ex-parte against O.Ps with cost. The O.Ps are jointly or severally directed to pay the Sum assured of Rs.50,000/- (Rupees Fifty thousand) only along with other benefits, if any and the O.Ps are also jointly or severally liable to pay compensation of Rs.5,000/- (Rupees Five Thousand) only and litigation cost of Rs.1,000/- (Rupees One Thousand) only to the Complainant within 60 days of receipt of this order, failing which it will carry interest @ 10% per annum from the date of order till realization. The Complainant is also at liberty to realize the same from the O.Ps as per Law, in case of failure by the O.Ps to comply the Order.

                         Pronounced in the open Forum on this day i.e. the 20th day of October, 2017 given under my Signature & Seal of the Forum.