Orissa

Debagarh

CC/18/2015

Purusottam Pradhan, S/o-Lokanath Pradhan, aged about 38 yrs, - Complainant(s)

Versus

The Branch Manager , L.I.C. of india, Kuchinda Branch - Opp.Party(s)

18 Nov 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

DEOGARH

Shri P.K. Dash, President and Shri P. C. Mahapatra, Member

 

1. Purusottam Pradhan,

S/O – Lokanath Pradhan,

R/O. Village – Kadalipal

PO – Gangnan,

PS/Dist. - Deogarh.                                             …        Complainant.

                             Versus

1. The Branch Manager,

LIC of India, Kuchinda

Division, Kuchinda,

At/PO – Kuchinda,

Dist. – Sambalpur.

 

2. The Claim Manager,

LIC of India, Sambalpur

At/PO/Dist. – Sambalpur.

3. Sri Tikeswar Behera,

L.I.C. Agent,

At - Sunamunda,

PO – Suguda,

Dist. – Deogarh.                                                  …        Opposite Party.

 

CD Case No.18/2015

Date of Hearing: 18.11.2015, Decided on 18.11.2015.

 

               Counsel for the parties:

               For the Complainant               :         Nemo

               For the Opposite Parties         :         Shri Sachi Kanta Dash, Advocate

                                                                      

 

PRABHAT KANT DASH, PRESIDENT  – Complaint was filed alleging that the complainant, husband of deceased Sairindri Biswal, life assured, permanent resident of  village – Kadalipal, PO – Gangnan, PS/Dist.- Deogarh has yet not been complied with the insural death benefit by the Opposite Party, the Life Insurance Corporation of India.

1.     

Brief facts of the case as contended by the complainant is that  his wife deceased Sairindri Biswal had taken one Life Insurance Policies bearing No.591943647 commencing from  28.03.2003; Date of Maturity 03/2013 for Sum Assured Rs.1,00,000/- (Rupees one lakh) on Yearly Mode of payment of Installment Premium of Rs.10,313/-. Unfortunately Life assured Sairindri Biswal died on 26.07.2004. Her husband, the complainant being the Nominee filed the application of Death Claim Benefit with OP1 enclosing all required documents including original Policy Bond in March 2005. Being the Class-1 Legal heir as well as the successor of the deceased / Insured, as contended by the complainant, and inspite of all out efforts made by him by meeting all the OPs frequently, in their turn OPs have yet not complied with it. Hence the complaint Petition.

 

2.      In response to Notice served on OP1 and OP2, Employees of Life Insurance Corporation of India, learned advocate Sri Sachikanta Dash on their behalf on 04.11.2015 filed a memo expressly praying therein to accept the memo as written version. Therein it has been submitted that it is an admitted fact that complainant is the nominee of the policy holder bearing No.591943647 and in view of the fact that complainant being convicted by Honorable High Court, cuttack in an allegation u/S- 498(A) IPC, the OP is ready to abide by the order of the Forum as regards to payment of the Claim Amount.

3.      We have gone through the pleadings of both the sides and perused the documents adduced at different stages of the proceedings and found as follows:

a)      Deceased Sairindri Biswal had a Life Insurance Policy under Table 14 for a sum assured value of Rs.1,00,000/- (One Lakh) bearing Policy No. 591943647 for a term of 10 years on yearly installment premium of Rs.10,313/- and in that policy her hus band, the present complainant is the nominee. It is undisputed.

b)      In the Criminal Case brought in to notice by OP in no way relates to the matter of Insurance Contract between deceased Sairindri Biswal and LIC of India Ltd. Also Honorable High Court have not made any mention of the fact of instant Insurance Policy.

c)      Moreover, submission of the Complainant as per the filed affidavit served to OP, specifically in Para-5 has not been denied where in it has been stated as under:

“None of the Courts have neither passed any order against the complainant to pay any compensation to the parents of his deceased wife nor disqualified him to receive any insurance due.”

 

From findings as above we believe that it will not be prejudiced to anybody if order is passed directing the LIC of India Ltd. to pay the agreed insured benefit amount to the complainant/nominee as per terms and conditions of the instant Insurance contract.  Accordingly, I pass the following order.

ORDER

The complaint petition is allowed. The LIC of India through its official OP1 is directed to pay the complainant the sum assured amount of Rs.1,00,000/- (One Lakh) to gather with interest at the admissible rate for the period starting from 27.07.2004 till the date actually the amount is paid within 45 days from this date of pronouncement of this order failing which OP in addition to the amounts as above shall have to pay intrest @ 9% on it till the date, the amount is actually paid.

Office is directed to supply the free copies of the order to the parties free of costs receiving acknowledgement of the delivery thereof.

Order pronounced in the open court today i.e. on 18th day of November, 2015 under my hand and seal of this forum.

                     I agree,

 

                (P.C. Mahapatra)                                                                                 ( P.K. Dash)

                     MEMBER                                                                                                   PRESIDENT                                          

                 Dictated and Corrected by me.

 

 

PRESIDENT