The Complainant has filed this case alleging deficiency-in-service by the O.Ps, where O.P No.1 is the Competent Authority, Reliance Life Insurance Company Limited, Goregaon (East), Mumbai, O.P No.2 is the Competent Authority, Registered Office- Reliance Life Insurance Company Limited, Navi Mumbai, O.P No.3 is the Branch Manager, Reliance Life Insurance Company Limited, Digha More, West Brngal, O.P No.4 is the Branch Manager, Reliance Life Insurance Company Limited, Balasore and O.P No.5 is Mr. Sibasankar Singha, Agent, Reliance Life Insurance Company Limited, Barandia, West Bengal.

                    2. The case of the Complainant in brief is that the Complainant is the nominee of the life insurance policy of his mother bearing Reliance Life insurance, Reliance Endowment plan (Regular) vide Policy No.51347784, date of commencement is 16.12.2013, sum assured of Rs.10,20,000/- (Rupees Ten lakhs Twenty thousand) only and the modus of payment of the instalment was yearly of Rs.80,198.86 ps. (Rupees Eighty thousand one hundred ninety eight and eighty six paisa) only and the premium paying policy term is of 15 years i.e. the date of maturity is on 16.12.2028. After due verification and confirmation of all required documents and after medical test of the policy holder Late Mrs. Kadambini Singha, the policy bond was issued in the name of the policy holder on 16.12.2013. The mother of the Complainant Late Mrs. Kadambini Singha, the policy holder died on 07.10.2014 due to cardio respiratory failure while undergoing treatment by Dr. S.R Jena. Thereafter, the Complainant being the nominee of the said policy, submitted his claim application along with death certificate of the policy holder and all other necessary documents before O.P No.3. Then the O.Ps enquired into the matter and after inspection of claims management groups i.e. the O.P No.1 and 2, issued a letter on 13.01.2015 to the Complainant without any letter number, where it was mentioned that the policy holder has suppressed the material fact of question No.22 and accordingly, all the claim benefits shall be ceased and all the premiums that have been paid by the policy holder will be forfeited. Thereafter, the Complainant approached the O.P No.4 to get the claim benefit and the O.P No.4 assured that the Complainant will get the death claim benefits of the policy holder within three months. Then the Complainant received one mobile SMS on dtd.19.01.2015 from Reliance Life insurance office phone No.02230002700 to re-submit all the papers for death claim of the said policy except policy bond. Accordingly, the Complainant submitted his application along with all the papers regarding death claim to the O.P No.3 on 21.01.2015 and in this application, the Complainant has described that his mother has no other insurance policy except this one and the O.P No.3 also received the same on 21.01.2015 and assured that the Complainant will get the death claim of the policy holder within 3 months. After 3 months i.e. on 21.04.2015, when the Complainant visited the Office of the O.P No.4, the O.P No.4 handed over a letter to the Complainant and replied that as the policy holder has suppressed the material fact of question No.22 of the policy application, the death claim of his mother (the policy holder) will be ceased and all the premiums that have been paid by the policy holder will be forfeited, which causes mental agony, harassment and financial crisis to the Complainant. Thus, the Complainant sent legal notice through his Advocate on 22.04.2015 to the O.Ps, compliance of which is awaited yet. The Complainant has prayed for releasing the claim amount along with compensation and litigation cost.

                    3. Written version filed by the O.Ps through their Advocate, where they have submitted that the Complainant filed the present complaint claiming relief of insurance of life assured Mrs. Kadambini Singha under policy No.51347784. The deceased Kadambini Singha has submitted the duly signed proposal form of Reliance Life insurance policy bond giving all relevant details and information in the prescribed form after understanding all the terms and conditions of the policy on 16.12.2013 and in the proposal form in column-32, it is clearly mentioned that whether the life to be asssured is suffering from any medical ailments such as diabetes, high blood pressure, cancer, respiratory disease, cardiac problem etc., where she ticked the negative block. The O.Ps further submitted that after the death of the policy holder on verification and investigation, it was found that at the time of signing of the proposal form, the deceased life assured was suffering from cardiac problem and she has also suppressed the material fact, which was very much vital for the contract and as per column-16 of the terms and conditions of the policy document, where it is mentioned that in case of any inaccurate or false statement, the policy shall be void and claims to any benefit shall cease and all the monies that have been paid shall be forfeited. It is further submitted that as per the settled law, where there is an early claim itself is a good corroborative evidence to prove misrepresentation non-disclosure of material facts and/ or contemplation of death. Further, the deceased life assured in the proposal form had given the declaration that she had made complete, true and accurate disclosure of all the facts and circumstances as may be relevant for the acceptability of the risk and have not withheld any information as may be relevant for the acceptability for the proposal. It is also agreed by the policy holder that if any untrue statement be contend in the proposal form, the policy contract shall be null and void and the money, which was paid in respect thereof shall stand forfeited to the O.Ps. Further, it has clearly mentioned at point 22 of the policy proposal form to disclose the details of the policies if applied or availed of from any other insurance company. Thus, the deceased life assured has deliberately suppressed the fact that she has already availed of another policy as is evident from the repudiation letter dtd.13.01.2015 and the claim was repudiated due to non-disclosure of other insurance policy. It is further verified from the mail confirmation of Max Life insurance about the deceased life assured, where it was found that she has taken Max Life insurance policy bearing Policy No.834723058, sum assured-5 lakh, date of issuance-18.08.2011 and the claim status- paid up, prior to the reliance policy. Thus, the claim petition of the Complainant should be dismissed and the present case is also liable to be rejected/ dismissed. Neither the O.Ps nor their Advocates were present at the time of hearing of this case.

                    4. In order to substantiate their claim, the Complainant has filed certain documents as per list, whereas the O.Ps have not filed any documents in their support. Perused the documents filed. It has been argued on behalf of the Complainant that after death of his mother, he being the nominee as son has prayed the O.Ps for settlement of the death claim as his mother, the policy holder died on 07.10.2014 due to cardio respiratory failure while undergoing treatment by Dr. S.R Jena. But, the said death claim was not settled and repudiated by the O.Ps due to suppression of material fact as per question No.22 of proposal form regarding nature of disease. Any how that was ignored and the Complainant was asked to file fresh application for death claim with all papers for settlement of the claim and he did the same, but again it was repudiated on the ground of suppression of material fact having another life insurance policy of the policy holder. But, when the death claim was not settled after issuance of Advocate notice to the O.Ps, the Complainant has compelled to file this case in this Forum praying for settlement of the death claim by the O.Ps along with compensation and litigation cost. Though the O.Ps have filed written version, but they have not participated in hearing and also no document has been filed in support of their pleading. The sole plea of the O.Ps that the policy holder had another insurance policy of Max Life Insurance vide policy No.834723058 for sum assured of 5 lakh and date of issuance was on 18.08.2011, which violates the point 22 of the policy proposal form regarding suppression of material fact having another insurance policy. But, this fact has not been substantiated by filing any corroborative document in support of it. So, simply saying that there was another insurance policy of Max Life Insurance, it cannot be confirmed as no corroborative document has been filed as mentioned earlier. So, if that part is ignored, then the O.Ps have no case to repudiate the genuine claim of the Complainant.

                    5. So, now on careful consideration of all the materials available in the case record, I come to the conclusion that it is a fit case to allow the death claim of the Complainant along with compensation and litigation cost. Hence, the O.Ps are jointly and severally liable for settlement of the death claim of the Complainant for sum assured of Rs.10,20,000/- (Rupees Ten lakhs Twenty thousand) only and the O.Ps are also jointly and severally liable for payment of compensation of Rs.5,000/- (Rupees Five thousand) only and litigation cost of Rs.1,000/- (Rupees One thousand) only to the Complainant within 60 days of receipt of this order, failing which it will carry interest @ 9% per annum on the total amount of claim amount along with compensation and litigation cost from the date of order till realization. Hence, Ordered:-

                                                     O R D E R

                         The Consumer case is allowed on contest against the O.Ps with cost. The O.Ps are jointly and severally directed to settle the death claim of the Complainant for sum assured of Rs.10,20,000/- (Rupees Ten lakhs Twenty thousand) only along with payment of compensation of Rs.5,000/- (Rupees Five thousand) only and litigation cost of Rs.1,000/- (Rupees One thousand) only to the Complainant within 60 days of receipt of this order, failing which it will carry interest @ 9% per annum on the total amount of claim amount along with compensation and litigation cost from the date of order till realization. The Complainant is also at liberty to realize the same from the O.Ps as per Law in case of failure by the O.Ps to comply the Order.

                         Pronounced in the open Forum on this day i.e. the 24th day of January, 2019 given under my Signature & Seal of the Forum.