DATE OF FILING : 14-12-2012.
DATE OF S/R : 16-01-2012.
DATE OF FINAL ORDER : 02-05-2012.
Smt. Sampa Sadhukhan,
wife of late Indrajit Sadhukhan,
residing at 753, Sarat Chatterjee Road,
Chatterjeghat, P.S. Shibpur,
District – Howrah,
PIN – 711102.-------.----------------------------------------------------------- COMPLAINANT.
Versus -
1. The New India Assurance Company Limited,
having its Divisional Office at
Madhusudan Apartment, 2nd floor,
P – 18, Dobson Lane,
Howrah – 711101,
represented by its Divisional Manager.
2. Golden Trust Financial Services,
16, R.N. Mukherjee Road,
Kolkata – 700001.-------------------------------------------------OPPOSITE PARTIES.
P R E S E N T
President : Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.
Member : Smt. Samiksha Bhattacharya.
Member : Shri P.K. Chatterjee.
F I N A L O R D E R
1. This is a case U/S 12 of consumer protection Act, 1986 wherein the complainant has prayed for direction upon the O.Ps. to release the claim amount of Rs.1,00,000/- together with accrued interest thereon since 11-11-2008 till full and final payment alongwith other prayers for relief.
2. The husband of the complainant Indrajit Sadhukhan since deceased purchased a Life Insurance Policy for a sum insured to the tune of Rs.1,00,000/- vide policy No. 4751220001799/ENO. 47-30700 covering a period from 08/3/2000 till 07/03/2010 from the O.P. 1 through O.P. 2. The complainant Sampa Sadhukhan is the recorded Nominee. The insured Indrajit Sadhukhan, the policy holder, died on 11/11/2008 due to fell down from the roof of his house, which is within the ambit of the above policy. In spite of submission of the claim duly filled in together with all the requisite documents as demanded, the O.P. 1 did not release the claim amount. Hence, the complaint.
3. In spite of service notice the O.P. 1 the New India Assurance Co. Ltd. did not appear and file any W.V. So, the matter was heard Ex-Parte against the O.P. 1.
4. The O.P. no. 2, Golden Trust Financial Services in their written version supported the claim of the complainant and contended interalia that the O.P. no. 2 was obliged to collect the premium from the proposer and to remit the same to O.P. no. 1 – The New India Assurance Company Ltd. by a consolidated cheque ; that all the supporting documents after the accidental death of Indrajit Sadhukhan, the insured, were produced before the O.P. no. 1 for early settlement of the claim.
5. Upon pleadings of both parties two questions arose for determination :
Is there any deficiency in service on the part of the o.ps. ?
Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
6. Admittedly Indrajit Sadhukhan was insured with New India Assurance Company Ltd., Howrah Branch, under Janata Personal Accident Policy as mentioned above for a period from 08/3/2000 till 07/03/2010 with the insured capital sum of Rs. 1,00,000/- and his wife Sampa Sadhukhan was his nominee. The Annexure 1 is the photo copy of the policy issued by O.P. no. 1 certifying that ‘as per the proposal and declaration submitted to the company and subject to terms and conditions, exclusion, definitions of the Group Janata Personal Accident Insurance Policy, this policy is issued’. The terms and conditions are annexed in enclosure of the policy showing that the New India Assurance Company Ltd. agreed to allow the O.P. no. 2 to extend Janata Personal Accident Insurance cover to their investors, their family members, field workers and their friends.
7. Therefore, it appears that Indrajit Sadhukhan was a bonafide policy holder and his untimely death within the coverage period his nominee Sampa Sadhukhan cannot be disentitled from the claim amount. In the decision reported in 2005 (3) CHN 154 Hon’ble Court is of opinion that the status of the insured person if well described through affidavit, the New India Assurance Company Ltd. cannot have any ground for clamour. In another decision passed in the matter of WP No. 13359 (W) of 2008 Hon’ble Calcutta High Court is of opinion that the certificate of insurance is the sufficient document with respect to the status of the insured person. This is because such certificate was issued by the New Indian Assurance Company Ltd. after being satisfied with the proposal and declaration submitted to the company by the Golden Trust Financial Services.
8. Therefore, we are of the view that once certificate has been issued as per proposal and declarations submitted to the company, it cannot be reopened raising any further query. The O.P. no. 2, Golden Trust Financial Services in fact cannot have any liability over the release of the fund.
In the result the claimant Sampa Sadhukhan is entitled to the claim amount together with the other relief as preyed for. Both the points are accordingly disposed of.
Hence,
O R D E R E D
That the C. C. Case No. 109 of 2011 ( HDF 109 of 2011 ) be allowed ex parte against the O.P. no. 1 with costs and dismissed against O.P. no. 2, Golden Trust Financial Services without cost.
The complainant is entitled to the insured sum of Rs. 1,00,000/- against the policy No. 4751220001799/ENO. 47-30700 together with the interest @ 10% per annum since 11-11-2008 till full payment by the O.P. no. 1. The O.P. no. 1 shall disburse the insured amount to the claimant together with the interest as directed within one month from the date of this order, failing the amount shall carry interest @ 12% per annum.
The complainant is further entitled to a compensation of Rs. 30,000/- from the O.P. no. 1 for mental agony and harassment.
The complainant is further entitled to a litigation cost of Rs. 5,000/-.
The O.P. 1 to pay the compensation amount together with litigation cost aggregating Rs. 35,000/- to the complainant within one month from the date of this order failing the amount shall carry interest @ 10% per annum till full satisfaction.
The complainant is at liberty to put the decree into execution after the expiry of the appeal period.
Supply the copies of the order to the parties, as per rule.
