Hon'ble Mrs. Rumpa Mandal, Member.

The basic fact of the case of the Complainant in brief is that on the basis of the application of the Complainant Rita Das, the OP Reliance Nippon Life Insurance Company Limited opened life insurance policy bearing No.10309968, Client ID No. 00574810 date of commencement 11.09.2006 for which the Complainant paid first premium of Rs.7,106/- on 11.09.2006. She also paid third premium on 11.01.2008 and fourth premium on 19.01.2010. Thereafter, the Complainant stopped the premium and the OP informed that the policy was matured on 11.09.21. After maturity the Complainant contacted with the OP against which the OP informed that the name of the Complainant was wrongly shown as Arati Das in place of Rita Das. Subsequently, the Complainant submitted an application for correction of the name alongwith bank authorisation form etc to the OP on 26.11.21. At the time of payment of third premium on 11.10.2008 the name of the policy holder was wrongly recorded as Arati Das against which the Complainant complained to the OP verbally. The OP still now negligently has not disbursed the maturity money. Lastly on 08.04.2022 the Complainant filed written complaint to the OP but despite receiving the same the OP did not do anything positive and did not disburse the said policy money to the Complainant. Finally, the OP informed that the maturity amount had already been disbursed to Arati Das account No. 30495737161. The aforesaid activities of the OP is gross negligence and deficiency in service for which the Complainant suffered mental pain and agony. The cause of action for the present case arose on 11.06.2006 and on 11.09.2021 and on subsequent dates. The Complainant therefore prayed for an award for disbursement of maturity amount of Rs.37,866/- as per the terms and conditions with up to date interest, Rs.1 Lakh towards deficiency in service and mental agony and Rs.10,000/- towards litigation cost.

Notice was sent to the OP after filing the case against which there was postal remark of “item delivery confirmed” on 15.10.2022. Accordingly this Commission by its order No. 3 dated 30.11.2022 decided to hear the case ex-parte against the OP.

The Complainant in order to substantiate the case filed evidence on affidavit and proved different Annexures. After close scrutiny and perusal of the documentary evidence it transpires that Annexure-1 is the Reliance Nippon Life Insurance policy bearing No.10309968 in the name of the Complainant Rita Das for basic sum assured Rs.1  lakh, total instalment premium Rs.7,106/-. Annexure-2 is the receipt for payment of insurance premium, Annexure-3 is also the receipt for payment of insurance premium, Annexure-1, 2 and 4 are receipt for payment of premium by the Complainant to the OP company. Annexure-5 is the letter of acceptance for registering the insurance policy, Annexure-6 is the bank pass book of the Complainant wherefrom it is revealed that different transactions took place. Annexure-7 is the letter of request to rectify the name of the Complainant. Annexure-7A is the bank authorisation regarding authenticating of the Complainant. Annexure-8 is the letter for taking proper steps against the said dispute and disbursement of maturity money.

Thus the Complainant proved all the documents to substantiate her case. The entire oral and documentary evidence of the Complainant stands un-challenged and un-discarded in as much as the OP preferred not to contest the case.

Thus after assessing the oral and documentary evidence of the Complainant it stands proved that the OP acted in a manner by not paying the LIC policy money to the Complainant which tantamounts to deficiency in service. There is nothing to show that the Complainant did not pay all the premiums and she is not entitled to get the policy money claimed on its maturity.

The OP could not explain as to why the name of the Complainant was changed and she was not paid the money as claimed.

Accordingly, the case of the Complainant stands proved ex-parte.

Hence, it is

Ordered

That the case No. CC/49/2022 be and the same is allowed ex-parte with cost of Rs.10,000/-.

The Complainant Rita Das do get an award for a sum of Rs.37,866/- towards maturity money and Rs.50,000/- towards deficiency in service against the OP.

The OP, Office-in-charge, Reliance Nippon Life Insurance Company Limited is directed to pay a sum of Rs.97,866/- to the Complainant by account payee cheque within 30 days from the date of passing the order failing which the OP shall pay interest @ 6% per annum on the awarded sum from the date of passing Final Order till the date of its realisation.

The complaint case is accordingly disposed of ex-parte. DA to note in the Trial Register.

Let a plain copy of this Order be supplied to the concerned party by hand/by Registered Post with A/D forthwith, free of cost, for information & necessary action as per rule.

The copy of the Final Order is also available in the official website: www.confonet.nic.in.

Dictated and corrected by me.