West Bengal

Paschim Midnapore

CC/132/2011

Smt. Bindu Chowdhury - Complainant(s)

Versus

The Divisional Manager, National Insurance Co. Ltd - Opp.Party(s)

25 Sep 2012

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR. 

 Complaint case No.132/2011                                                                                        

 BEFORE : THE HON’BLE PRESIDENT :  Mr. K. S. Samajder.                                                               

                                                      MEMBER :  Mrs. Debi Sengupta.                                                                                    

                                                      MEMBER :  Mr. Kapot Chattopadhyay.  

            Smt. Bindu Chowdhury, W/o-Late Sabita Jiban Das Chowdhury of Vill-Avi Arjuni, 

            P.O.-Jhentla, P.S.-Keshpur, Dist-Paschim Medinipur………Complainant.

                                                              Vs.

      The Divisional  Manager, National Insurance Co. Ltd., Kolkata Division-VIII, 1^st floor,

      India Exchange Place, Kolkata-700001…………………Ops. 

Order No.13                                                                              Dated 25/09/2012

            The complainant and the Op Nos.1&2 file haziras.  The Op No.3 is absent without step.  Today is fixed for hearing of the case.  Hd. Ld. Lawyers for both the parties at length.

            The present claim application is for non payment of the sum assured by the Op/Insurance Company under the group Janata Personal Accident Insurance policy.  The Insurance policy was obtained by Sabita Jiban Das Chowdhury who died in a road traffic accident.  The present complainant was the nominee in the policy.  The complainant claimed that the amount of policy was not paid by the Op/Insurance Company after the death of the policy holder.

            Upon consideration of the pleadings of the parties and having Hd. The Ld. Lawyers for both the parties, it appears to be an admitted position that Sabita Jiban Das Chowdhury was the policy holder under the Op Nos.1&2 through the Op No.3. It also appears to be undisputed that the complainant was the nominee in the policy of the insured.  The main objection taken by the

Contd……………P/2

 

- ( 2 ) -

Op/Insurance Company is that they were not furnished with the documents as required by them.The documents on record show that on 20/11/2008 and 31/12/2008, the Op/Insurance Company sent letters to the claimant asking her to furnish some documents for the purpose of settlement of claim.    The Ld. Lawyer appearing for the complainant very fairly that those two letters were received by the complainant but the complainant so far did not file the documents to the Op/Insurance Company.   However, he submits that the documents were sent to the Op/Bank.  Since the claim in this case is against the Op/Insurance Company who sought for the necessary documents from the complainant, filing documents with the Op/Bank cannot serve any purpose for the complainant.  However, during hearing Ld. Lawyer appearing for the Op/Insurance Company very fairly submitted that had the Op/ Insurance Company received the necessary documents, they would have settled the claim.  He further submits that the claim has not yet been repudiated and it is still open.  He also submits that the Op/Insurance Company is not unwilling to process the claim if the complainant furnishes the necessary documents.

      Therefore, after hearing the Ld. Lawyers for both the parties and upon consideration of the fact and circumstances of the case, I think in order to dispense justice substantially and not acting in a hypertechnical or pedantic manner, it would be in the interest of justice if the claimant is asked to file the document as sought for by the Op/Insurance Company and thereafter, the      Op /Insurance Company is asked to settle the claim.

     Therefore, we dispose of the case with the direction that the complainant shall furnish the documents as required to the Op/Insurance Company as required by them vide letters dated 20/11/2008 and 31/12/2008 as early as possible and within one month of receipt of such documents, the Op/Insurance company shall settled the claim of the claimant Smt. Bindu Chowdhury.

        Accordingly, the case is disposed of, copies of this order be supplied to the parties free of cost. 

       Sd/-                                                Sd/-                                                  Sd/-

   Member                                         Member                                            President                                                                                                           

                                                                                                               District Forum                                                                                            

                                                                                                            Paschim Medinipur.