Ld. Advocate(s)
For Complainant: Makbul Rahaman
For OP/OPs :None
Date of filing of the case :15.11.2019
Date of Disposal of the case :31.01.2023
(2)
Final Order / Judgment dtd.31.01.2023
Complainant Subhas Chandra Ghosh filed the present complainant against the aforesaid opposite parties under section 12 of the Consumer Protection Act, 1986 alleging deficiency in service and prayed for award amounting to Rs.50,000.00(Rupees Fifty thousand) Plus Bonus, interest @ 12%, compensation amounting to Rs.30,000.00(Rupees Thirty thousand) and cost of the case.
It is the allegation of the complainant that his wife purchased one Policy from the OP and thereafter he died and he had claimed the Policy amount from the OP but they did not pay any heed.
On perusal of later order dated 28.10.2021 we find that complainant had filed Postal Receipt and Postal Track Report where from it was found that OP received the notice on 16.03.2021 but he did not turn up.However, further opportunity was given to him to file W/V but till 08.06.2022 he did not file the same. Hence the case has fixed for ex-parte hearing.
Trial
During trial complainant Subhas Chandra Ghosh filed evidence in the form of affidavit in chief. He also filed certain documents and also filed a petition praying for acceptance of the same.
Documents
Following documents have been produced on behalf of the complainant viz :
- Xerox copy of document of Reliance Life Insurance dtd. 18.05.2011........(One sheet).
- Copy of Premium Collection Receipt against Lapsed Policy date of printing receipt 30.10.2015..........(One sheet).
- Post-Mortem Report Authenticated copy dtd. 28.02.2016...........(One sheet).
- Original copy of Death Certificate (date of Registration 14.03.2016).........(One sheet)
- Original Copy of Cremation/Burial Certificate at Nabadwip Muncipality dtd. 08.06.2016..........(One sheet)
- Xerox copy of Annexure-6 submitted before Reliance Life Insurance dtd. 23.02.2019.....(Three sheets)
- Xerox copy of Annexure-7 submitted before Reliance Life Insurance dtd. 23.02.2019.....(One sheet)
- Xerox copy of Annexure-8 submitted before Reliance Life Insurance dtd. 23.02.2019.....(One sheet)
(3)
Brief Notes of argument.
Complainant in support of his case filed Brief Notes of Arguments.
Decision With Reasons
Ld. Adv. for the complainant argued before this commission that complainant’s wife purchased one Policy from the OP but when he claimed the Policy amount from the OP after death of his wife then they did not considered hence he filed this case.
Perused the documents filed by the complainant. It is clear before this Commission that complainant’s wife purchased the Policy on 18.05.2011 and at the time of purchase of Policy she paid premium amount. She paid further premium on 30.10.2015 amounting to Rs.9,700.00 (Rupees Nine thousand seven hundred). On perusal of death certificate we find that complainant’s wife Iti Rani Ghosh who purchased the said policy died on 28.02.2016. On perusal of P.M. Report of Iti Rani Ghosh we find that autopsy surgeon opined that death was due to asphyxia following ante-mortem hanging by the neck which is suicidal in nature. On perusal of documents filed by complainant we find that complainant submitted his claim before the OP vide annexure 6, 7 and 8. Complainant stated in his affidavit in chief that he went before the office of OP on several times for settlement of claim but they did not pay any heed. Hence he filed this case.
In this context, we have carefully gone through the decision of Hon’ble NCDRC(Revision Petition No.1999 of 2019) (Branch Manager Reliance Life Insurance Company Ltd. Vs. Usha Sony) dated 19.03.2021 wherein it has been held ..........plaintive husband has committed suicide after one year i.e. one year 8 months 6 days from the date of Policy issue. In such circumstances, the Policy condition no.9 “Suicide: the company will not pay any claim on death if the life assured, whether sane or insane, commit suicide within 12 months from the date of issue of this policy of the date of any reinstatement of this policy” has not been breached.
In this context, we have also carefully gone through the decision of Hon’ble NCDRC (Life Insurance Corporation ......Vs. Jaswinder Kaur) dated 05.04.2019 wherein it has been held:-
“It is very clear that as per Section 45 of the Act in force when the proposal was made and Policy taken, no Insurance Policy can be repudiated after two year on the grounds of concealment/suppression of facts. The amendment to Section 45 providing a period of three years came later in 2014. The present case is covered by this section before its amendment and the deceased died after more than two years nine months after taking the Policy.”
In the said case Hon’ble NCDRC the allowed the claim of the policy holder.
In the present case, we find that policy has started on 18.05.2011 last premium paid on 30.10.2015. So it is clear before us that Policy holder committed suicide after four years nine months.
(4)
Having regard to the aforesaid discussion and in view of the aforesaid decisions we are of the firmed view that complainant is entitled to Insurance Claimed from the OP. On perusal of the documents filed by complainant we find sum assured is Rs.50,000.00. So complainant is entitled to sum assured amounting to Rs.50,000.00 plus Bonus as per said scheme.
In the result present case succeeds.
Hence,
It is
` Ordered
that the present case be and the same is allowed ex-parte against the OP with cost of Rs.3,000.00 to be paid by the OP in favour of the complainant.
OP is further directed to pay sum assured of the Policy amounting to Rs. 50,000.00 (Rupees Fifty thousand) along with Bonus applicable in the said Policy along with interest @ 9% per annum since 23.02.2019 to till the date of actual payment and he shall pay the same within one month from this date failing which complainant shall have liberty to put the order into execution.
OP is further directed to pay Rs.10,000.00 (Rupees Ten thousand) as compensation for the harassment, mental pain and agony of the complainant within one month from this date failing which complainant shall have liberty to put the order into execution.
Let a copy of this order be supplied to the complainant as free of cost.
Let a copy of this order also be sent to OP for compliance.
Dictated & corrected by me
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PRESIDENT
(Shri DAMAN PROSAD BISWAS,) .................................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
I concur,
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MEMBER
(NIROD BARAN ROY CHOWDHURY)
