BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

CACHAR :: SILCHAR

Con. Case No. 32 of 2017

            Mr. Faijur Uddin,

            Vill & P.O:- Manipur Pt-I, P.S- Lakhipur

            Dist:- Cachar (Assam)                                                                                                Complainant. 

                                                                        -V/S-

                 1.    The Chairman, PNB Metlife India Insurance Co. Ltd.

                        1^st Floor, Techniplex Comples, Opp. Veer Sovarkar Flyover,

                        Goregaon, West Mumbai, Pin- 400062                                                         O.P No.1.

                 2.    PNB Metlife Insurance Co. Ltd.

                        1^st Floor, Parama Aparment, Shyamaprasad Road, Shillongpatty

                        Dist- Cachar, Assam                                                                                     O.P No.2.

                 3.    PNB Metlife Insurance Co. Ltd. Regd. Office :

                        Unit No. 701, 702, 703 7^th FloorWest Wing

                        Raheja Towes, 26/27 M.G Road, Bengalore-560001                                    O.P.No.3.

Present: -                                Sri Bishnu Debnath,                                        President,

District Consumer Forum,

                                                Cachar, Silchar.                                            

                                                            Shri Kamal Kumar Sarda,                                 Member,

                                                            District Consumer Forum,

                                                            Cachar, Silchar.                                             

            Appeared: -                 Mr. Tito Debroy, Advocate for the complainant.

Mr. Niladri Ray, Advocate for the O.Ps.

                           Date of Evidence                             10-01-2018

                         Date of written argument                  02-06-2018

                         Date of oral argument                       12-09-2018 (None has argued)

                         Date of judgment                               09-10-2018

                                                       JUDGMENT AND ORDER

                  Sri Bishnu Debnath,

1. Late Abdul Hakim purchased an Insurance Policy No. 21416326 from PNB Metlife India Insurance Co. Ltd. Silchar Branch in view of proposal dated 20/10/2014. The sum insured was Rs.2,50,000/-. But he expired on 23/07/2015. Accordingly, the Complainant being the nominee submitted claim to the PNB Metlife India Insurance Co. Ltd. But the claim has been repudiated on the plea that the life insured furnished wrong information regarding occupation and income in the proposal form.

2. The O.Ps submitted W/S. In the W/S stated inter alia that the claim has been repudiate because the deceased life insured furnished information that he was shopkeeper but on inquiry it is revealed that he was a BPL card holder and job card holder of MGNREGA.

3. During hearing the Complainant submitted deposition and some documents including policy documents. The O.Ps also submitted deposition of Rajeev Sharma and exhibited some documents including copy of MGNREGA job card, BPL card etc. of the deceased life insured. Both sides counsels also submitted written argument but none argued orally.

4. I have perused the evidence on record & written argument.

5. In this case the fact of death of the deceased life insured and date of death are not disputed rather O.Ps produce death certificate. The Complainant by adducing evidence stated that deceased life insured died on 23/07/2015. The said fact is supported by death certificate. But the O.P. produced BPL Card & Job Card of MGNREGA to establish the fact that the deceased life insured furnish wrong information that he was owner of a shop by name  & style Abdul Store, Ranipur and his annual income was 2,80,000/-.

6. From the BPL Card & Job Card it may be presumed that the Complainant was leaving to the below poverty line. But it is not confidently said that he furnish wrong information to the O.P. at the time of execution the Proposal Form. It is not impossible to say that he was living above the poverty line but for wrongful gain to obtain BPL Card etc. furnished wrong information to the concern authority of issuing of BPL Card & Job Card. The O.P. could not bring reliable material convincingly to establish the fact that the deceased life insured for wrongful gain from O.P. furnish wrong information.

7. Hence, in this case I do not find any justified ground to repudiate the claim. As such I am directing the O.Ps to make payment of sum insured to the legal heirs of the deceased with cost of the proceeding of Rs.3,000/- within 45 days. The Complainant is to bring the legal heirs of the deceased life insured to this District Forum at the time of receiving the payment.

8. Moreover, the Insurance Co. is asked to issue cheque for payment of award in the name of the District Consumer Forum, so that the amount may be distributed to the legal heirs of the deceased life insured in equal share.

9. The O.Ps are jointly & severally liable to pay the awarded amount. In default of payment within 45 days interest @ 10% per annum to be added with the total awarded amount.

10. With the above, this case is disposed of on contest. Supply free certified copy of Judgment to the parties. Given under my hand and seal of this District Forum on this the 9^th day of October, 2018.