The case is taken up for exparte hearing.

The Fact of that case in a nut shell is that the father of the complainant deceased Satyadev Jha insured his life through OP no.2 , the branch office of the OP no 1 on 6.10.15 bearing policy no.278059092 and the OP has received Rs. 77,625/- as premium. Prior to the policy the Satyadev Jha was checked up by the medical team of the OP. At first the OP has denied to accept the proposal form bearing no. 277900908 of the policy bearing No.278059092 and in question of return of the premium money the Op accept the proposal of the Satyadev Jha and father of the complainant Sri Satyadev Jha became sure that proposal No. 277900908 may be accepted by the medical team of the OP. Ultimately the proposal was accepted . The maturity sum of the policy bearing no. 27859092 was Rs. 4, 50,883/- only. On 2.4.16 the father of the complainant Sri Satyadev Jha expired on 2.4.16. The fact was communicated to the OP and the Complainant being the nominee of the Satyadev Jha submitted his claim form for minimum granted death Sum of Rs. 9,56,951.79/- along with  all relevant documents. On 8.8.2016 the OP repudiate the claim of the complainant on the ground that the medical disclosure as received in the proposal form was not made by late Satyadev Jha. The complainant made repeated request for reconsideration of his claim and the Op also reconsider the mater as many as the request and the Op repudiated the claim on such reconsideration. After that the OP returned the premium amount of the insurance policy of Rs. 75000/- to the complainant. Thus the complainant filed this case.

The Ops No. 1 & 2  appeared but did not filed w/v .

Hence the case proceeds exparte against the p no. 1 & 2.

 The complainant files following documents in support of his contention:-

1. Xerox copy of extract copy of proposal form.
2. Xerox copy of terms & conditions of OP collected from website of OP.
3. Xerox copy of insurance policy certificate, bearing policy No:- 2780590592 issued by the Ops in the name of the Satyadev Jha.
4. Xerox copy of proposal form for insurance.
5. Xerox copy of insurance premium Receipt dated 31.10.15 issued by the Ops in the name of the Satyadev Jha.

Contd…..P/2

Consumer Case No.19/S/2017

-:2:-

6. Original copy of Insurance payment Acknowledge mode in respect of policy No.-277900908 issued by the Ops in the name of the Satyadev Jha.
7. Xerox copy of letter dated 15.10.15 issued by the Ops in the name of the Satyadev Jha.
8. Xerox copy of letter dated 1.11.15 issued by the Ops in the name of the Satyadev Jha.
9. Original Voter ID in the name of the Satyadev Jha.
10. Xerox copy of Death Certificate in the name of the Satyadev Jha.
11. Original Copy of letter dated 12.05.16 issued by the Ops in the name of the Satyadev Jha.
12. Xerox copy of Death Claim Form.
13. Xerox copy of Death Certificate issued by Dr. P.K. das in the name of the Satyadev Jha.
14. Original Copy of letter dated 03.08.16 issued by the petitioner addressed the OPs.
15. Original Copy of letter dated 08.08.16 issued by the OP  addressed the petitioner.
16. Original Copy of letter dated 23.08.16 issued by the petitioner addressed the OPs.
17. Original Copy of letter dated 26.08.16 issued by the OP  addressed the petitioner.
18. Original Copy of letter dated 31.08.16 issued by the OP  addressed the petitioner.
19. Original Copy of letter dated 07.09.16 issued by the petitioner addressed the OPs.
20. Original Copy of letter dated 20.09.16 issued by the OP addressed the petitioner.
21. Xerox Copy of letter dated 27.09.16 issued by the petitioner addressed the OPs along with 2 numbers of original postal receipt.

Contd…..P/3

Consumer Case No.19/S/2017

-:3:-

22. Xerox Copy of letter dated 30.09.16 issued by the OP addressed the petitioner.
23. Xerox Copy of letter dated 06.10.16 issued by the petitioner addressed to  the Ops.
24. Xerox Copy of letter dated 10.10.16 issued by the OP addressed to the petitioner.
25. Xerox Copy of letter dated 10.10.16 issued by the OP addressed to the petitioner.
26. Xerox Copy of letter dated 14.10.16 issued by the OP addressed to the petitioner.
27. Original Copy of letter dated 18.11.16 issued by the Petitioner addressed to  the OP along with 3 numbers of original postal receipt

28. Original Copy of letter dated 12.12.16 issued by the OP addressed to the Petitioner.
29. Original received Copy of letter dated 20.12.16 issued by the            petitioner addressed to the OPs .
30. Xerox copy of letter dated 22.12.16 issued by the petitioner    addressed to the Ops along with registered postal slip.
31. Xerox copy of letter dated 24.12.16 issued by the petitioner    addressed to the Ops along with registered postal slip.
32. Xerox copy of letter dated 24.12.16 issued by the petitioner    addressed to the Ops along with registered postal slip.
33. Original received Copy of letter dated 30.12.16 issued by the            petitioner addressed to the OPs .
34. Original Copy of letter dated 31.12.16 issued by the OP addressed to the Petitioner.
35. Original received Copy of letter dated 02.01.17 issued by the            petitioner addressed to the OPs .
36. Xerox Copy of letter dated 03.01.17 issued by the         petitioner addressed to the OPs along with registered postal slip.
37. Xerox Copy of letter dated 12.01.17 issued by the         petitioner addressed to the OPs along with registered postal slip.

Contd…..P/4

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-:4:-

38. Original received Copy of letter dated 13.01.17 issued by the            petitioner addressed to the OPs along with registered postal slip.
39. Original Copy of letter dated 17.01.17 issued by the     OP addressed to the petitioner.
40. Original received Copy of letter dated 18.01.17 issued by the            petitioner addressed to the OPs along with registered postal slip.
41. Original Copy of letter dated 25.01.17 issued by the     OP addressed to the Petitioner.
42. Original received Copy of letter dated 30.01.17 issued by the            petitioner addressed to the OPs .
43. Original received Copy of letter dated 18.10.17 issued by the            OP addressed to the petitioner along with registered postal slip.
44. Original received Copy of letter dated 31.10.17 issued by the            OP addressed to the Petitioner.

The complainant files evidence. On perusal of the evidence and the unchallenged documents filed by the complainant we are of the view that there is nothing to disbelieve the complainant when the Ops did not come forward to contest the case and the complainant succeeds to prove his case.

 Hence it is

O R D E R E D

That the Consumer case No. 19/S/2017 be, and the same is allowed exparte against the Ops.

The Ops No. 1 & 2 are directed to pay jointly and severally Rs.  

9, 56,251.79/-  to the complainant towards the total death claim money.

 The Ops no. 1 & 2 are jointly and severally also directed to pay compensation of Rs. 10,000/- to the complainant towards the harassments and mental pain and agony. The Ops no. 1 & 2 directed to pay Rs. 5000/- towards the litigation cost to the complainant.

Contd…..P/5

Consumer Case No.19/S/2017

-:5:-

 The Ops no. 1 & 2 are directed to pay jointly and severally the above sum through an A/C payee cheque within 45 days to the complainant failing which the complainant is entitled to have interest of the sum of Rs. 9,56,251.79/- + Rs. 10,000/- totaling to Rs. 9,66,251.79/-  @  9% per annum from the date of this order till realization.

 In case of default of payment as ordered above the complainant is at liberty to execute this order through this Forum as per law.

 Copies of this judgement be supplied to the parties free of cost.