Present (1) Sri Nisha Nath Ojha
District & Sessions Judge (Retd.)
President
(2) Sri Sheo Shankar Prasad Singh,
Member
Date of Order- 11.03.2015
ORDER
Nisha Nath Ojha
- The complainant approached this forum for following reliefs against Opposite Parties:-
- To pay sum assured amount of Rs.50,000/-(Fifty thousand only) with profit and interest @ 18% from the date of claim to the final payment.
- To pay Rs. 25,000/-( Twenty five thousand ) only as compensation for deficiency in service and negligence of the Opposite party.
- The brief facts of the case are as follows:-
- The present complainant is nominee under the insurance policy no. 513003265. Insurer (complainant’s father) taken the aforesaid policy by the Opposite party branch office at Danapur and total assured amount was fixed Rs. 50,000/- (Fifty thousand only) with profit date of commencement was 24.12.02 and the date of maturity was 24.12.2027 (Vide Annexure-2 to this complainant petition).
- Unfortunately during continuance of the policy, the policy holder died on 24.04.07. The Policy Holder has deposited the last premium on 06.12.06 and next due date of premium was on 24.06.07. (Vide Annexure-3). From the date of claim till today the claimant was awaiting the claimed amount but the Opposite party did not settle the claim and the cause of action arose on 08.12.08 when the Opposite party received all the documents of the claim as required under the law but the Opposite party has not been taken any step uptill now.( Vide Annexure-1).
- It is further submitted that under the I.R.D.A regulation 2002 if the Insurance Claim has not been settled the claim within reasonable time i.e. 3 or 4 months the Insurer will pay interest to the claimant. Since the Opposite party did not communicate any letter to the claimant with regards to any query /documents/evidence uptill now so the claimant can presumes that this claim has been upheld by the Opposite party without grounds.
- The Opposite Party in his Written Statement has submitted the following facts:
- The instant case does not come under the provision of Consumer Protection Act 1986 as amended up to date as well as the terms and conditions of the policy and hence the complaint is devoid of merit and thus fit to be dismissed out right.
- The entire contents of the complaint petition are baseless misleading, concocted,, afterthought and hence the same are fit to be rejected outright under the present facts and circumstances of the case.
- The statement made in para-1 of the complaint petition is absolutely wrong because the Opposite party never ignored the claim of the complainant and there is no any deficiency and negligence in the part of the Opposite party in rendering services to the complainant at all. The intention of the complainant was to take claim form the Opposite party by illegal means against the terms and conditions of the policy with sole intention to misuse the public fund & the public exchequer which is not permissible in lat at all.
- It is further stated that mode of payment of premium was half yearly by the policy holder. The Policy Holder deposited the premium due from 06/2005 to 06/2006 by cheque on 03.11.06 vide TR No. 55576 for Rs. 4,165/-(Four thousand one hundred sixty five only) of State Bank of India, ARAP Branch but the alleged cheque issued by the policy holder was dishonored and as such the premium amount for Rs. 4,165/-( Four thousand one hundred sixty five only) for the period from 06/2005 to 06/2006 was not received in the office of L.I.C of India within time and hence the alleged policy lapsed due to failure in the part of policy holder.
- From the perusal of status report of the complainant’s father policy no. 513003265 in the office of the L.I.C of India it has been detected that the policy holder deposited the premium due from 06/05 to 06/06 by chaque on 03.11.06 vide TR No. 55576 for Rs. 4,165/-( Four thousand one hundred sixty five only) of State Bank of India , ARAP Branch and date of collection was 03.11.06 and date of banking was 04.1106 and the State Bank of India ARAP Branch returned the alleged cheque on 17.07.2007(as per CDA Register of the account department of L.I.C of India) and date of cheque dishonor action was taken on 18.07.07.
- The alleged cheque deposited by the policy holder was sent for clearance to the State Bank of India ARAP Branch on 04.11.06 who returned the alleged cheque on 17.07.07 in the condition of dishonored cheque to the Opposite party and that is why the cheque dishonor action was taken on 18.07.07 by the Opposite party. The Opposite party came to know about the death of policy holder when the claim was filed before the Opposite party by the complainant on 08.12.08. Thus the Opposite party took proper steps and issued two respective letters to the complainant dated 14.07.09 and 22.09.09 respectively requesting the complainant to make available to the Opposite party the copy of Bank Pass Book of Late Basgit Sharma/the policy holder with the sole intention and purpose to know whether the alleged cheque deposited by the policy holder on 03.11.06 for Rs. 4,165/-( Four thousand one hundred sixty five only) was cleared or not but with no response from the complainant side so far. The State Bank of India is solely responsible for causing delay in sending /returning the dishonored cheque to the Opposite party.
We have heard the Learned Counsel for the parties and perused the entire record carefully.
The complainant has asserted that Insurance Corporation ( Opposite party no.1) has received all relevant document on 08.12.08 and despite that his claim has not been settled. The Opposite party has asserted that the cheque issued by policy holder ( Father of the complainant) dated 03.11.06 vide T.R No. 55576 for Rs. 4,165/-( Four thousand one hundred sixty five only) of State Bank of India, ARAP Branch for premium of 06/2005 to 06/2006 the policy stands lapsed for failure to deposit premium and this fact was intimated to the complainant vide two letters dated 14.07.09 and 22.09.09 requesting him to make available to the Opposite party the copy of the Bank Pass Book of the policy holder with intention to know whether the cheque dated 03.11.06 of policy was cleared or not but no response was received from the complainant.
From the facts asserted by both parties it is crystal clear that claim has not been finally closed. It is also not clear whether the letter dated 14.07.09 and 22.09.09 were sent by the Opposite party to the claimant through registered post or without registered letter. However it appears that these letters were sent to the complainant by way of general letters as there is no assertion by the Opposite party in this regard. The complainant has asserted that he has not received any intimation from the Opposite party and his claim has not been settled. It is also not clear whether the cheque was dishonored due to lack of the fund or otherwise and the bank has not been impleaded as party by the complainant.
In such a situation We are not initiated to allow the prayer made in this complaint petition.
However the matter deserves sympathetic consideration and as such We are of the opinion that the complainant should make available the pass book of his father (Insured) of the relevant period or bank statement etc. to the Opposite party(Insurance Company) preferably within two month from the receipt of this order and if from the above documents it transpires that the cheque in question had been cleared then the Opposite party is liable to pay insured amount to the complainant with interest @ 9% per annum till the final payment is made and if it is found that at the relevant period the cheque in question was not cleared then the policy deemed to have lapsed and the complainant has no case.
With the aforesaid observation this case stands dismissed.
Member President
