DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KEONJHAR.
C.C. Case No-04/2021
Mr.Ashok Kumar Tiwari
S/O -Late RamanarayanTiwari C/O Satyasal Marbles
AT/PO-Charampa, BhadrakBy Pass
Dist- Bhadrak
AT PRESENT
C/O Tirupati Marbles
At/PO-HaldiaTangir
PO-Naranpur, Dist-Keonjhar …………………………………….…… Complainant
VRS
1. The Manager Max Life Insurance Co.Ltd Head Office 11th Floor
D.L.F Squire Jacaranda Marg
D.L.F.City Phase II Gurugaon-122002
Haryana
2. The Manager, Maxlife Insurance Co.Ltd
Royal Tower Line Road
Madhupatna Cuttack-753010
3. The Manager, Max Life Insurance Co.Ltd At/ A-410 VaniVihar Squire.
2nd floor Metro House, Janpath ………………………………………OPP. Parties
Present:
Biranchi Narayan Patra, President
Sri Bharat Bhusan Das (Member)
Advocate for complainant –G.N Jena & associate
Advocate for Op1, Op2,Op-3 – K.K Singh & associates
Date of Filing - 25.01.2021 Date of Order- 02.09.2022
B.B DAS, (MEMBER)
The case of the complainant in nut shell is that during the year 2010 l.e. on 7.12.2010 the complainant had taken one Shiksha plus II policy from the Opposite parties branch office at Keonjhar Branch vide policy No.795693407 with a condition to pay for 5 years @Rs-50,000/-per year for 5 years and after 10 years the Maturity value will be Rs-10,00,000/.
Accordingly the complainant paid his 5 installment @ Rs-50,000/-in each year for 5 years and awaited till maturity period i.e. on 07.12.2020 & after maturity period to till 14.12.2020. when the Op Insurance Company did not pay the matured amount of Rs.10,00.000/- to the complainant towards his policy complainant made a written application before OP No.2 as the then the Branch Office of Keonjhar branch has already been shifted to elsewhere and where he could able to know that the amount has been wrongly disbursed to some other person at Jharkhand and OP. No.-2 assured to pay the amount to the complainant with last week of December 2020 and even after lapse of assurance date the OP insurance company did not come forward to pay the Maturity amount. As such, legal notice was sent to all Ops through his counsel on 7.1.2021 and despite receipt of Advocate notice, Ops did not turn Up to pay the maturity amount and hence this case with a prayer for a direction to Ops Insurance Company to pay the maturity amount of Rs.10, 00,000/- with further interest from the date of maturity date to till payment with Rs.25,000/-compensation for mental agony and harassment caused to the complainant and Rs.10, 000/- towards cost of the litigation.
The Complainant filed the following documents in support of his case.
(1) Application dt. 14.12.2020 by the complainant addressed to the Ops with acknowledgement.
(2) Advocate notice on behalf of the complainant addressed to all Ops on dt.7.1.21 with postal receipts.
(3)Payment receipts 5 numbers each 50,000/- towards payment of 5 installments
(4) copy of the Insurance Bond.
After service of notice OPs appeared through their engaged counsel and filed written version raising preliminary objection stating that complaint petition is not maintainable as the contents of the complaint petition is false and fabricated and as per terms of the policy the maturity value is not equal to the sum assured and in para wise reply disputed the maturity amount/value of Rs.10 Lakhs and further stated that Ops are ready and willing to pay the maturity amount i.e Rs.4,18,168/- to the complainant towards full and final settlement and further stated that they have communicated such things to the complainant and intimated him that they are ready to pay Rs 4,18,168/- instead of Rs 10 Lakhs and complainant is entitled to maturity amount definitely but not entitled for any other amount but complainant is not ready to receive the offered amount and prayed to dismiss the complaint petition with cost.
In support No Document is filed by the Ops.
Heard, the learned counsel for both the parties. The learned counsel for the Ops stated that the complainant is only entitled for Rs.4, 18,168/- instead of Rs.10 Lakhs as claimed and admitted that the amount was wrongly disbursed to some other person at Jharkhand and agreed to pay the maturity amount of Rs.4, 18,168/- to the complainant and accordingly, they have given offer to the complainant but the complainant has not accepted the offer.
On the other hand, learned counsel for the complainant submitted that the complainant has duly intimated the Ops through writing on 14.12.20 and requested the Ops to clear up the maturity amount of the complainant through legal notice on dt. 07.01.2021 and lead us through bond coverage information where it is clearly mentioned that coverage term is 10 years and premium paying term is 5 years @ Rs 50,000/- each and in the same bond in page No.3 in base sum assured column it is clearly mentioned that the sum assured is Rs.10,00,000/- and further led us in policy owner Data page No.22 of the Bond where it is clearly mentioned that the policy is Max New York life shiksha Plus II, as such it is clear that the complainant has paid 5 installments @ Rs.50,000/- each and the receipts acknowledgement is in record and after 10 years contacted the Ops insurance Company but when they did not pay the amount filed this case. In page No.16 it is also seen that the Keonjhar agent of Ops made the policy. It is clear that Ops were taking their business through their agent in Keonjhar District and hence this forum has ample jurisdiction to entertain such petition and despite several opportunity the Ops failed to give a single document towards their submission except bald statement that complainant is only entitled for Rs.4,18,168.00 and also failed to prove that they have given any offer through writing to the complainant to accept the offered amount of Rs.4,18,168/- instead of Rs.10,00,000/- and there is no doubt that for the sum assured amount the complainant moved door to door and finally filed this complaint and suffered mental and physical harassment for the inaction of the Ops Insurance Company, as such complainant is entitled for compensation.
In these facts and circumstances and taking in to consideration of argument laid by both the parties and after gone through materials on record i.e. documents and Bond produced by the complainant, we have no hesitation to hold that the Ops have failed to prove their stand by adducing cogent evidence that complainant is only entitled for Rs.4,18,168/-towards sum assured amount instead of Rs.10 Lakh.
ORDER
Hence it is ordered, Ops. directed to pay the sum assured amount of Rs.10,00,000/-(Rupees Ten Lakh) to complainant with Rs.5,000/-(Five Thousand) towards compensation for mental agony, harassment and cost of the litigation within 30 days of receipt of this order or else the amount will carry 8% interest per annum till realization.
The order pronounced in open Commission today i.e on 2nd September 2022.
Free copy be supplied to parties, if applied for.
Pronounced on 02.09.2022
I agree
( Sri B. B. Das) ( B.N Patra )
Member (President)
DCDRC,Keonjhar DCDRC,Keonjhar
Dictated & Corrected by
( Sri B. B. Das)
Member
DCDRC,Keonjhar
