West Bengal

Paschim Midnapore

CC/66/2013

Shri Narayan Chandra Kundu - Complainant(s)

Versus

The Branch Manager, TATA AIG Life Insurance Co. Ltd. - Opp.Party(s)

22 Oct 2013

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

 

 Complaint case No.66/2013                                                                                        

 BEFORE : THE HON’BLE PRESIDENT :  Mr. Sujit Kumar Das.

                                                      MEMBER :  Mrs. Debi Sengupta.

                                                      MEMBER :  Mr. Kapot Chattopadhyay.

 

      Shri Narayan Chandra Kundu S/o- Late Kumed Chandra Kundu of Vill-Salika, P.O.-Hariatara

      & P.S.-Kharagpur(L), Dist-Paschim Medinipur…………………....….Complainant.

                                                      - Vs. -

       1) The Branch Manager, TATA AIG Life Insurance Co. Ltd., Zone Head East, Kusum

            apartment, Inda, Kharagpur, Dist: Paschim Midnapore

       2) The Customer Care Cell, TATA AIG Life Insurance Co. Ltd.,  Delphi-B wing, 2^nd Floor,

            Orchard Avenue, Hirandani Business Park, Powai, Mumbai-400007……….. .…….Ops.                       

           

            Order No.8.                                                                                        Dated : 22/10/2013            

            Complainant is present. Today is fixed for exparte hearing. Hd. Ld. Advocate and perused the documents. It appears from the record that the Ops. are avoiding their appearance despite having received the notice in due time. Thus there exists strong reasons to believe that the Ops. are willfully avoiding their appearance in this case Ld. Advocate for the complainant filed relevant  documents on the point of service of notice. In view of the present circumstances and the materials on record, there are no options but to hear the case ex-parte. Accordingly, the case is heard and considered.

             This is the case of complainant that his father Kumed Chandra Kundu purchased one policy being no. C232193878 on 01/02/2012 from the Op. no.1 through agent and he paid Rs.19,940/- (Nineteen thousand nine hundred forty) only to the Op. no.1 as first premium    and the Op. no.1, issued receipt accordingly. In the said policy Kumed Chandra Kundu made his son Narayan Chandra Kundu as nominee. The sum assured of this policy was Rs.92,000/- (Ninety two

Contd………………P/2

 

                                                                                                          - ( 2 ) -

thousand) only and the mode of premium payment was yearly basis and the policy terms was

for 5 years. Maturity date is 03/02/2022. At the time of purchasing the policy, father of the complainant Kumud Chandra Kundu filled in some forms and papers through his agent.           

                Unfortunately Kumed Chandra Kundu the policy holder died on 24/09/2012 and after his death, the complainant as nominee applied before the Op.no.1 with a request to make payment of the policy amount and other benefits if any in terms of the policy. But unfortunately the Op. no.1 repudiated the said claim with an observation that at the time of purchasing the said policy some quarries were given falsely. Being aggrieved the complainant has come before the Forum with a prayer for payment of sum assured of Rs.92,000/- (Ninety two thousand) only along with its up-to-date interest and a sum of Rs.50,000/- (Fifty thousand) only to be granted    as cost of the proceeding and other relief/reliefs.

             Upon careful scrutiny of this record, it is found that the sum assured of this policy is         Rs.92,000/- (Ninety two thousand) only and the first premium of Rs.19,940/- (Nineteen thousand nine hundred forty) only has been paid by  Kumed Chandra Kundu. From the receipt of 1^st premium and other documents i.e. copy of intimation letter and policy informal copy of repudiation letter, copy of letter addressed to the Op. no.1 and 2. Copy of postal receipt, Copy of A/D Card it appears that during validity of the policy, the policy-holder being father of the complainant Kumud Chandra Kundu died leaving his son Narayan Chandra Kundu as nominee (the complainant hereof) behind him. In this context, order of repudiation communicated by the Op-Insurance Company is not supported by any valid and legal documents. In view of the case of both Parties, it is crystal clear that the Op. avoids discharg their lawful duty in terms of the policy in the event of death of policy holder. Here is no whisper of such service from the Op. no.1 towards the claim of the nominee of the deceased Policy holder.

              Under the given facts and circumstances and observations above this is a fit case to hold that the complainant has proved the allegation of deficiency of service against the Op.

                             Hence,

                                         Ordered,

                                                        that the complaint case be and the same is allowed exparte. The complainant do get the insured amount payable by the Op.

              The Op-Insurance Company is hereby directed to make payment of death claim of Rs.92,000/- (Ninety two thousand) only in favour of the complainant, Narayan Chandra Kundu

Contd………………P/3

 

                                                                                                              - ( 3 ) -

within sixty days from this date of order in default the complainant is at liberty to proceed with the matter before the Forum, in accordance with the provision of law in this behalf.

              Copy of order be supplied free of cost.   

            

Dic. & Corrected by me.

             

 

         President                     Member                   Member                                       President

                                                                                                                              District Forum

                                                                                                                         Paschim Medinipur.