The Chairman, L.I.C. of India V/S Rita Devi - Consumer Court Case

Bihar

Gaya

CC/47/2018

Rita Devi - Complainant(s)

Versus

The Chairman, L.I.C. of India - Opp.Party(s)

Narendra Kumar

20 Dec 2018

ORDER

In the court of District Consumer Forum, Gaya

Consumer Complainant Case No.-47 of 2018

Rita Devi... Complainant

V/s
The chairman, LIC of India, Yogkhem, Jeevan Bima Marg, Mumbai and others... Opposite Parties.

Present:
1. Shri Ramesh Chandra Singh..... President

2. Syed Mohtashim Akhtar....Male Member

3. Smt. Sunita Kumari ....Female Member

Dated:- 20.12.2018 Shri Ramesh Chandra Singh..... President.

Order

The instant case has been filed by the complainant Rita Devi against the opposite parties for deficiency in service as they have not settled the claim of the complainant rather repudiated it on wrong basis and so she has got mental agony and demanded to pay by the opposite parties ₹2 lac and interest on it alongwith interest since 10th July

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₹50,

2. In brief the case of the complainant is that her husband late Laxman Sah had purchased a policy number of LIC of India with sum assured of ₹

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The complainant has sent legal notice to the opposite parties but they have not responded. They have made deficiency in service and also caused mental agony and physical harassment to the complainant and so the complainant is entitled to get the relief has sought for.

3. The opposite party number 2 and 3 appeared and filed their written statement mentioning there in that the petition is not maintainable and there is no defiency on their parts. They have repudiated the claim of the complainant on the grounds of separation of ill health because from claim investigation it was found that the deceased life assured is stated to have died from loose motion and vomiting in an hour but he did not die suddenly and the claimant has not submitted any documentary proof of his illness and moreover no medical death certificate has been submitted. since the death of life assured has been occurred within 1 year ,therefore, the policies falls under suicide clause. The opposite party have valid reason to repudiate the death claim because the claimant has made deliberate miss statements and withheld material information from them regarding the death of the life assured to gain

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undue advantage and to defraud the public money.

4. Both parties have filed their evidences on affidavits and relevant documents to prove their respective cases.

5. Admitted facts in this case is that the policy is admitted regarding the insurance policy of the deceased Laxman Sah, the husband of the complainant and it is also admitted fact that he was died due to vomiting and dehydration. There is not any medical report regarding the death of the deceased Laxman Sah on case record. The opposite party has also not filed any document regarding the fact that the material facts was suppressed by the complainant. The copy of death certificate filed by the complainant is on record which does not disclose the cause of death. Hence it appears that the death of the deceased Luxman Sah was natural death because no evidence has been filed by the opposite party to show that his death was suicidal death.

Case No.-47-2018

6. We, therefore, we arrive on the conclusion from the evidences on affidavit of both parties available on case record and also from the documents lying with the case record and from the admitted facts of both parties that there is deficiency on the part of opposite parties because they have deliberately not settled the claim of the complainant within reasonable time and it causes mental agony and physical harassment to the complainant.