Complainants file hazira.
The case is taken up today for passing exparte order.
Facts of the complaint case in brief are that the husband of the complainant No.1 Manu Dhar and his brother Ripon Dhar i.e., complainant No.3 herein jointly obtained a house building loan from IDBI Bank, Siliguri Branch vide Account No.0182675100007580 for the purpose of purchasing a flat and said loan to the tune of Rs.12,70,000/- was sanctioned on 15.11.2011 in favour of Manu Dhar and complainant No.3 by the Bank and the flat was purchased by them by virtue of a deed of conveyance dated 28.11.2011. In terms of sanction, the agreed rate of equated monthly instalment was fixed at Rs.14,236/- only and the said borrowers in terms of said sanction has deposited the said equated monthly instalment since January, 2012. The repayment schedule of the said loan was for 15 years. In terms of the said loan, the borrower Manu Dhar shall have to insure IDBI Federal Loansurance Group Life Plan and accordingly, IDBI Federal Loansurance Group Life Plan insured a sum of Rs.13,03,483/- only being policy certificate No.4000368074 with effect from December 28, 2011 and the cover expiry date was December 27, 2018. The OP No.1 before issue of the policy certificate was completed all the formalities of the above named insured Manu Dhar and no adverse remark for the health of the said insured was detected and as such the authority of the OP No.1 insured the policy certificate in favour of Manu Dhar in terms and conditions of the insurance. The OP No.1 has collected the total premium of Rs.33,481.79/- only and issued the premium payment details. The complainant No.3 Ripon Dhar was the nominee of the said insurance.
Thereafter, the insured Manu Dhar was feeling uneasy and he was brought to Kolkata on 11.12.2013 by his wife i.e., complainant No.1 herein and his brother-in-law Bidyut Das who brought him to NRS Medical College & Hospital, Kolkata where the said insured Manu Dhar died on 11.12.2013 at 20:40 hours. Thereafter, the Kolkata Police of Muchipara P.S. made an enquiry on the basis of the report of the authority of NRS Medical College & Hospital, Kolkata in connection with Muchipara P.S. Central Division GDE No.1116, dated 11.12.2013 and submitted Final Report on 12.12.2013. The authority of NRS Medical College & Hospital, Kolkata also submitted the Post Mortem Report of the deceased Manu Dhar and from the said report it reveals that the said death was normal and the death was caused due to effect of condition of brain i.e., cerebral attack. Thereafter, the complainant No.3 intimated the death report of Manu Dhar to the OP No.1 with a request to repudiation for death claim of the deceased insured Manu Dhar under Policy No.4000/368074 and after receiving the said letter the OP No.1 on 27.11.2014 in writing regret to honour the claim and also intimated that OP No.1 has procured medical documents of the deceased Manu Dhar where they found that Manu Dhar was a case of crohn’s disease and was under treatment for the same prior to proposal signing date i.e., 12.12.2011 but OP No.1 did not attach the copy of medical certificate along with the regret letter dated 27.11.2014. After receiving the letter from OP No.1 the complainants through their ld. Advocate Sri Prabir Kumar Sikdar issued a notice to the OP No.1 with a request to make necessary arrangement for payment of the claim amount within seven days from the date of receipt of the notice. But in spite of receipt of the said notice, OP did not comply the same.
It has been asserted by the complainant that OP No.1 before issuing the policy certificate has checked up the health and other conditions of the insured Manu Dhar and the insured complied all formalities before signing the policy. The reason for regretting the claim which was intimated in writing on 27.11.2014 by the OP No.1 was not taken to the notice of the deceased insured or the complainant nor the OP No.1 sent the copy of the said medical certificate which they procured. It has been further asserted by the complainants that deceased insured Manu Dhar had complied all the formalities as required by the OP No.1 for the purpose of issuing the policy certificate in his name and deposited the total premium for seven years as directed by the OP No.1 as per terms of policy. It has been further submitted by the complainants that for the ill attitude and behaviour of OP No.1, the complainants have suffered immense mental pain, agony and harassment for which the OP No.1 is liable to compensate the complainants and credit the sum assured with the loan account of the deceased insured. Accordingly, complainants have filed the instant case for (1) a direction to be given to the OP No.1 to credit the outstanding loan amount being account no.0182675100007580 lying with the OP No.2, together with interest as on 11.12.2013 amounting to Rs.11,71,989.03/-, Rs.2,42,012/- only towards EMI collected from the account of the complainant No.3 till the month of May, 2015, Rs.77,294/- only towards interest from 11.12.2013 to May, 2015 totalling a sum of Rs.14,91,295/-. (2) Further direction be given to OP No.1 to pay interest @ 10.75% per annum from June, 2015 till the crediting the entire payment if made to the OP No.2. (3) Further a direction be given to the OP No.1 to pay a sum of Rs.1,00,000/- to the complainants as compensation for mental pain, agony and harassment. (4) Further a direction be given to OP No.1 to pay a further sum of Rs.25,000/- which is to be deposited to the legal aid of Consumer Forum on account of punitive damage. (5) Further a direction be given to the OP No.1 to pay a sum of Rs.15,000/- only to the complainant on account of litigation cost.
To prove the case, the complainants have filed the following documents :-
- Xerox copy of Sanction of House Building Loan.
- Xerox copy of member enrolment Form.
- Xerox copy of letter of Managing Director of OP No.1 dated 28.12.2011.
- Xerox copy of Premium receipt issued by OP No.1.
- Xerox copy of Death Certificate issued by Kolkata Municipal Corporation dated 10.05.2014.
- Xerox copy of final Report of Investigating Officer in connection with GDE No.1116 dated 11.12.2013 with forwarding letter and Xerox copy of Post Mortem Report dated 12.12.2013.
- Xerox copy of Pass Book showing payment.
- EMI to the IDIBI Bank Ltd. being Account No.0182104000109239/4278884.
- Copy of Account Statement for a period 29.11.2011 to 15.05.2015.
- Confirmation of payment of Policy No.14965112 issued by HDFC Life.
- Copy of letter issued by OP No.1 dated 27.11.2014.
- Xerox copy of Notice dated 16.02.2015.
- Two Xerox copies of Postal Receipts.
- Xerox copy of Postal A/D card.
Decision
The record shows that the OP Nos.1 & 2 were duly summoned and they entered appearance and OP No.1 filed WV with list of documents. OP No.2 was allowed several chances, but failed to file written version till 26.02.2016 and accordingly case proceeded exparte against the OP
No.2. The record further shows that on 15.02.2017 the case was fixed for argument and on that date OP No.1 was found absent without step and
he was absent on calls. Hence, there is no way to consider the merits of the written version filed by the OP No.1.
On perusal of the documents submitted on the side of the complainants, we find that the deceased Manu Dhar and the complainant No.3 jointly obtained a House Building Loan from IDBI Bank to the tune of Rs.12,70,000/- which was sanctioned on 15.11.2011 for the purpose of purchasing one residential flat and they purchased the flat by virtue of a Registered Deed of Sale dated 28.11.2011. It further appears that that at the time of sanction of the House Building Loan, the bank authority has insured the loansurance Group Life Plan to the tune of Rs.13,03,483/- vide Policy Certificate No.4000368074 with effect from December, 28, 2011 and the cover expiry date was December, 27, 2018 and the aforesaid loansurance was the precondition of the said loan sanctioned by the OP IDBI Bank. It is pertinent to mention that IDBI Federal Life Insurance Company Ltd. before issuing the policy in favour of the insured Manu Dhar was completed all the formalities of the insured and no adverse remarks in respect of the health of the insured Manu Dhar was detected and on being satisfied the authority of the said insurance company issued the policy certificate in favour of Manu Dhar. Manu Dhar died on 11.12.2013 at NRS Medical College & Hospital at Kolkata due to cerebral attack and thereafter the nominee of Manu Dhar i.e., the complainant no.3 herein lodged the claim of the life coverage from the said Insurance Company Ltd. But OP No.1 on 27.11.2014 in writing declined to accept the claim of the complainants on the ground that they have procured medical documents of the deceased Manu Dhar and found that the deceased Manu Dhar was of chronic disease. But it is surprising that OP No.1 has not attached the copy of medical documents and details of the medical certificate has not been attached with the regret letter. It should be mentioned that at the time of issuance of policy, the OP No.1 had medically checked up the deceased insured and after full satisfaction they issued the policy certificate in favour of the deceased. Under such circumstances, the OP No.1 cannot decline to accept the claim of the complainants.
Thought the Forum has observed that the merits of the written version of the OP No.1 cannot be gone into in this exparte order yet this much can be noted that in the written version the OP No.1 has stated that insured Manu Dhar was alcoholic and he was suffering from chronic disease (inflammatory bowel disease) since long but the insured did not disclose the said facts to the OP No.1 at the time of submitting the proposal form rather he suppressed the past medical history at the time of issuance of the policy and neither the deceased nor the complainants have approached with clean hands rather they deliberately suppressed the past medical history of the insured Manu Dhar at the time of issuance of policy. There is no iota of document submitted on the side of the OP No.1 to show that deceased had any chronic disease at the time of issuance of policy. On the side of the complainant the P. M. Report of the deceased Manu Dhar and death certificate issued by NRS Medical College & Hospital, Kolkata have been filed wherefrom we find that deceased Manu Dhar died on 11.12.2013 at NRS Hospital due to serious cerebral attack and P.M. Report shows that cause of death is due to effect of diseased condition of brain. Such cerebral attack of brain cannot be held as a chronic disease. Here we find that the OP No.1 in order to avoid the claim of the complainants has manufactured a new story that the deceased has chronic disease since long which he suppressed. Under such circumstances, we are of the view that the complainants have proved their case. The OP No.1 has deliberately avoided the claim of the complainants which amounts to deficiency in service under Consumer Protection Act, 1986.
Accordingly, the case is disposed of exparte with a direction to the OP No.1 to credit the outstanding loan amount being Account No.0182675100007580 lying with the OP No.2 together with interest as on 10.12.2013 amounting to Rs.11,71,989.03/-, Rs.2,42,012/- only towards EMI collected from the account of the complainant No.3 till the month of May, 2015 together with accrued interest thereon from 11.12.2013 to 10.05.2015.
The OP No.1 is further directed to pay a sum of Rs.10,000/- to the complainants as compensation for mental pain, agony and harassment.
The OP No.1 is further directed to pay a sum of Rs.5,000/- to the complainants on account of litigation cost.
Hence, it is
O R D E R E D
that the Consumer Case No.59/S/2015 is allowed exparte in part against the OP No.1 and dismissed exparte against the OP No.2, since no relief was sought for against the OP No.2.
OP No.1 is directed to credit the outstanding loan amount being Account No.0182675100007580 lying with the OP No.2 together with interest as on 10.12.2013 amounting to Rs.11,71,989.03/-, Rs.2,42,012/- only towards EMI collected from the account of the complainant No.3 till the month of May, 2015 together with accrued interest thereon from 11.12.2013 to 10.05.2015.
The OP No.1 is further directed to pay a sum of Rs.10,000/- to the complainants as compensation for mental pain, agony and harassment.
The OP No.1 is further directed to pay a sum of Rs.5,000/- to the complainants on account of litigation cost.
OP No.1 is directed to comply the judgement within 45 days of this order, failing which, the complainant will be entitled to put the decree into execution and he will be entitled to get interest @ 9 % per annum till crediting the entire payment.
Copies of the judgment be supplied to the complainants free of cost.
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