Sri Narayan Mahapatra, President : The complainant Gadadhar Mehera's case in brief that his father was one policy holder of Bajaj Allianz Life Insurance Co. Ltd bearing policy No.0324748568. His father expired by heart attack on 12/12/2015 when the said insurance policy was in force. As the complainant was the nominee of the said policy as such he claimed for getting the sum assured amount from the OPs but they remained silent. Though the complainant sent letters and documents to the OPs for getting the death claim of his deceased father but the OPs did not respond. Being aggrieved by the OPs, the complainant compelled to file this case against the OPs with a prayer to direct the OPs to pay Rs.2,62,500/- as sum assured amount along with Rs.15000/- to-wards compensation and Rs.20,000/- to-wards litigation cost to the complainant.
The complaint is admitted and notices were issued to OPs for their appearance and filing written version. Accordingly, the OPs appeared through their Advocate and filed their written version denying the cause of action, deficiency in service and liability on the part of OPs
It is submitted by OPs in their written version that the complainant's father Damburu Meher had one policy bearing No.0324748568 and the complainant was the nominee of the said policy but the policy is in lapsed status and the OPs have not received any death or claim intimation from the complainant. In this context , the complainant's case needs to be dismissed with cost.
To substantiate his case the complainant has filed his evidence on affidavit, documents as per list along with written notes of argument. Similarly the OPs have also filed their written version, evidence on affidavit, documents as per list along with written notes of argument.
Heard the arguments of the parties in full. In view of the rival pleading by the parties the following issues are settled for adjudication of this case.
Whether there is any deficiency in service on the part of OPs ?
Whether the complaint is entitled to get any relief as prayed for?
Issue No. 1 :
In the instant case after perusal of the record and scrutiny of documents it reveals that the complainant's father Damburu Meher who was the policy holder of Bajaj Allianz Life Insurance Co Ltd , expired on 21/12/2015. The policy was commenced on 15/09/2015 and the mode of payment of premium was annually . It also reveals from the insurance policy that during the force of the Insurance policy the complainant's father expired . The complainant's father had paid Rs.12,289.50 paisa towards annual premiums and the sum assured of the policy on death was Rs.2,62,500/-.
Further, it also reveals from the complaint petition as well as the letter sent to OP No.1 by the complainant that the complainant's father expired on 12/12/2015 whereas the death certificate reveals that the complainant's father expired on 21.12.2015, which shows the carelessness of the complainant not only in sending the letters and documents to OP s but also in filing the complaint.
It is also pertinent to mention here that the OPs have claimed the policy of complainant's father was in lapse status, but they failed to file any documentary evidence that the policy of the complainant's father was in lapsed status. The Ops have also taken the plea that they have not received any death claim as intimation from the complainant.
But after scrutiny of postal receipts, it is presumed that the OPs have received the letters as well as documents from the complainant as the letters and documents were sent to OPs through Regd. post and they remained silent, which shows the negligence on the part of OPs.
On foregoing discussion, it is clear evident that the OPs are negligent in rendering proper service to the complainant as such we hold that there is some deficiency in service on the part of OPs.
Issue No. 2:
In this case, the complainant being nominee and son of Late Damburu Meher had claimed for getting the insurance claim of his deceased father's policy No. 0324748568 as because during the validity period of the policy his father Damburu Meher expired as 21.12.2015. Though the complainant has sent regd. letter along with the death certificate and original policy bond to OP No.1 and copies of documents and letters to other OPs for getting the death claim of his deceased father but the OPs did not settle the death claim. Though the OPs have denied that they have received the death claim or intimation from the complainant, but the postal receipts reveals that the complainant has sent the letter and other documents to OPs through regd. post.
On forgoing discussion and answer of Issue No.1, we hold that the complainant is entitled to get some relief as prayed for, hence it is ordered.
ORDER
The complainant's case is partly allowed on contest against the OPs. and the OPs are directed to settle the death claim of the complainant's father after receiving the relevant documents from the complainant within one month from the date of this order.
The final order is prepared by us, corrected,
signed, sealed and pronounced in the open
Forum on this 15th November, 2017
