::BEFORE THE DISTRICT CONSUMER DISPUTES  REDRESSAL FORUM, AT BIDAR::

                                                               C.C. No117/2016

                                                                          Date of filing: 06/12/2016

                                                                   Date of disposal: 04.09.2017

P R E S E N T:-    

                              (1) Shri. Jagannath Prasad Udgata,                                                                                                                                  B.A., LL.B.,

                                                                                                President

                              (2) Shri. Shankrappa (Halipurgi),

                                                                                 B.A.LL.B.,

                                                                                           Member.

COMPLAINANT/S:             Smt.Laxmi w/o Late Mallikarjun Police Patil,

                                                Age :30 years, Occ: House hold,

                                                R/o Village Benchincholi,

                                                Tq: Humnabad.

            (By Sri.Vijaykumar K.Jothgond., Adv.)

                                                         VERSUS

OPPONENT/S:          1.         The Senior Divisional Manager

                                             L&H.P.F Department Divisional

                                            Office Raichur.

                                    2.         The Chief Manager L.I.C. of India 
                                             Br.Basavkalyan.

                                      (BySri. Basavaraj Udgir., Adv.)

::   J UD G M E N T  ::

By Shri. Jagannath Prasad Udgata, President.

1. The complainant is before this Forum invoking provisions of section 12 of the C.P. Act, 1986, alleging deficiency of service in the part of the opponents.

2. The gist of her complaint is as follows:-

                        That, her husband, late Mallikarjun Police Patil was a policy holder of L.I.C. Policy No.665674369 (Jeevan Anand)- Table No.149/16 for sum assured of Rs.1,50,000/-.  Date of commencement of policy is claimed to be 03.11.2012 (as –per Ex.P.6-Status report-no policy copy produced).  It is further avered by her that, her husband has died on 10.03.2016, consequent upon which she has requested the O.P.s to settle the claim who didn’t act and thereafter she is before us amount of Rs.1,50,000/- and compensatory cost ofRs.50,000/- and interest.

3.             Entering into defence, the O.P.s have filed versions, claiming interalia that,

1. The complaint is premature as till now the opponents have not repudiated the claim, yet;
2. That, the late policy holder purchasing the policy on 03.11.2012 had caused it to be lapsed by not paying the premiums and got it revived on 19.02.2016 by paying the back premiums and submitting declaration of good health;
3. That, the life assured had died within 21 days of the revival of the policy and due to such early death the L.I.C. is entitled to investigate matter u/s 45 of the Insurance Act;
4. That, prior to four months of the death the deceased life assured was suffering from jaundice and was taking treatment at Sholapur Hospital;
5. That, the claimant (complainant) has not yet submitted certificates in Form-B-certification of cause of death and Form B1-medical attendant certificate even after reminders,
6. That, after due completion of investigation the claim will be considered as per rules.

4           Both sides have filed their respective evidence affidavits and written arguments.  The complainant has only submitted documents, listed at the end of this order.

5             The opponents have submitted citations as follows:-

1. R.P.No.1004/2010 (N.C.)

Usha Dinkar Saindane v/s L.I.C. ofIndia.

2. R.P.No.2482.2008 (N.C.)

L.I.C. of India and ors v/s Surinder Kaur.

N.B. Both the citations are in respect of concealment of material facts- (ubbiramae Fidei).  The case but is not at the stage to make a reference to the case laws.

6                Considering the contentions of the rival parties, the following points raise to for considerations.

1. Does the complainant prove that, there has been a deficiency of service in the part of the O.P.s?
2. What order?

7.         Our answers to the points stated above are as follows:-

1. In the negative.
2.  Does not survive for consideration.

:: REASONS ::

8.         Point No.1 :-True to the assertions of the opponents, we could not find any refusal or rebuttal in the part of the opponent corporation.  Rather from document produced as Ex.P.7 by the complainant, the O.P.s have intimated to her about referring the claim to higher authorities and further  the ongoing investigation by the Branch Manager, Humnabad.

9.         It is further the averments of the O.P. corporation that, the complainant has not yet submitted the B and B-1 form in support of her claim and the assurance of the corporation to consider the claim as per rules.

10.       Hence, holding all other diversifying points open, we hold that, no deficiency of service is caused, the complaint is premature and we answer the point No.1 accordingly.

11.       Though, owing to the reasons afore mentioned, the complaint does not survive for consideration, we direct that, the complainant comply all the formalities of raising the claim within a periord of fiteen days of this order, and the opponents to dispose of her claim within ensuing thirty days of such action and observing as such, we dispose off the case.

                                                     ::ORDER:: 

1. The case stands dismissed as premature and not proven.
2. No order as to costs or otherwise.

(Typed to our dictation then corrected, signed by us and then pronounced in the open Forum on this 4^th day of September-2017).

   Sri. Shankrappa H.                                             Sri. Jagannath Prasad                                  

Member.                                                                President.                                                                                         

Documents produced by the complainant

1. Ex.P.1-  Office copy of legal notice
2. Ex.P.2 &3– Postal receipts.
3. Ex.P.4 &5 – Postal acknowledgements.
4. Ex.P.6—Status report of LIC Policy No.66672369.
5. Ex.P.7-Reply of L.I.C.
6. Ex.P8- Copy of Aadhar Card of complainant.
7. Ex.P.9- Death certificate of Mallikarjun.

Document produced by the Opponent.

-Nil-

Sri. Shankrappa H.                                             Sri. Jagannath Prasad                                  

       Member.                                                                      President.