This is an application u/s.12 of the C.P. Act, 1986.

          Complainant by filing this compliant has submitted Munna Kumar Shaw died on 08-10-2007 leaving behind his wife Lilawati Devi and a minor son  Rohit Kumar Shaw who was born on 12-03-2006 and it is specifically mentioned by the complainant that her husband Munna Kumar Shaw purchased two policies being nos.423720612 and 426290088 but it is admitted by the complainant that she has got the money of the policy no.426290088 on the death of her husband.        

          But another policy being no.423720612 was paid to one Prema Devi Shaw as nominee but she was mere stranger and Prema Devi Shaw had no right to withdraw it and it is specifically mentioned that Munna Kumar Shaw had no relation with that lady and to that effect she already submitted objection before Insurance Company but anyhow the OP did not decide the matter in respect of the release of the amount to said Prema Devi Shaw against policy no.423720612 on the death of Munna Kumar Shaw.  So, it is deficiency of service for which the complaint is filed.

          On the other hand, the OP by filing written statement submitted that the complaint is not maintainable because there is a civil nature of dispute whether Prema Devi Shaw was wife of late Munna Kumar Shaw or not that is a matter to be adjudicated by the Civil Court but as per policy document she was nominee and accordingly as per policy the maturity amount on the death of said Munna Kumar Shaw was released in favour of Smt. Prema Devi Shaw, the nominee.  Moreover considering that fact there is a dispute about relationship in between Prema Devi Shaw and Munna Kumar Shaw so, if there is any dispute in regard to that, in that case the complainant shall have to file the said before Civil Court for declaration that Prema Devi Shaw was not legally married wife of Munna Kumar Shaw.  So, this Forum has no jurisdiction to decide it and apparently out of both the policies one was in the name of the complainant and another was in the name of Prema Devi Shaw as nominee.  So, regarding relerase of fund as per policy document was done properly by the OP Insurance Company and there is or was no deficiency or negligence on the part of the OP.  Now, before this Forum the whole dispute as pointed out by the complainant appears to us is a Civil Dispute because this Forum has no authority to decide whether Prema Devi Shaw is the legal wife of Munna Shaw or present complainant Lilawati Devi was the legally wife of Munna Shaw and until and unless this fiction is not decided by the Civil Court this Forum has no legal authority to decide it so we have gathered that we have no legal right to decide whether complainant Lilawati Devi or alleged stranger lady Prema Devi Shaw is the legal wife of Late Munna Shaw or not.

          Considering all the above facts we are convinced to hold that apparently as per legal term of the policy and as per provision of Insurance Act and as per nomination as made by Late Munna Shaw against the two policies maturity amount of the two policies on the death of Munna Shaw had been released one in the favour of the complainant and another in favour of the Prema Devi Shaw.  So, there is or was no negligence or deficiency in service on the part of the OP and OP acted legally for which there is no legal merit in the complaint and for which the complaint must be dismissed.

Hence,

Ordered

That the case be and the same is dismissed on contest but without any cost.