Karnataka

Bidar

CC/71/2014

SMT, ANJANA W/O LATE MALLIKARJUN YELMUR - Complainant(s)

Versus

THE BRANCH MANAGER LIC OF INDIA BIDAR - Opp.Party(s)

VIJAY KUMAR

19 Nov 2016

ORDER

 

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

 

 

                                                                                                      C.C.No 71/2014.

                                                 

                                                                                        Date of filing : 30/08/2014.

 

                                                                                     Date of disposal : 19/11/2016.

 

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. Anjana @ Anjamma

                                             W/o Late Mallikarjun

                                                Age: 40 Years, Occ: Agriculture,

                                             R/o Near Bhagat Sing School Wanjri town

                                             Humnabad Dist: Bidar.

 

             

 

                                            (By Shri. Vijayakumar. K., Advocate )

 

 

                                                      VERSUS

 

OPPONENT/S   :-      1.        The Branch Manger

                                                L.I.C.of India Division Office Near Railway

                                             Station Bidar.

 

                                    2.         The Regional Divisional Manager

                                             L.I.C. of India Division Office

                                             Raichur.

 

                                    3.         The Superintendent of Police Bidar.

 

 

                                          (By Sri. Someshwar R.S., Advocate)          
                                        

 

 

::   J UD G M E N T  : :

 

 

 

By Shri. Jagannath Prasad Udgata, President.

 

                    The complainant, filing a complaint u/s 12 of the C.P. Act, 1986 has approached this forum alleging deficiency of service in the part of the opponents i.e., L.I.C. of India.  The sum total of her complaint is as hereunder.

 

2.              The complainant avers that, her husband late Mallikarjun Yelmur serving as a Head Constable in the establishment of Superintendent of Police, Bidar had obtained the following three insurance policies from the opponent Corporation, his condition of health was proper, had nominated the complainant and all the policies were under salary saving scheme. (Premiums were to be paid monthly, getting deducted from the emoluments).

 

Sl. No.	Policy No/Date of Convincement	Category	Sum Assured	Monthly Premium	Date of Maturity
a.	661616026/ 14.07.2011.	Jeevan Anand	Rs.3,00,000/-	Rs.2284/-	07/2026.
b.	661610724/ 15.12.2009.	Jeevan Saral	Rs.5,00,000/-	Rs.2062/-	12/2025.
c.	662238863/ 28.05.2004.	Endowment	Rs.51,000/-	Rs.301/-	05/2019.

 

 

 

                   

3.              The complainant further avers that, the monthly premiums to the above said policies were being remitted regularly prior to the death of the late policy holder and he died of cardiac arrest on 25.09.2012.

 

4.                 On raising the claim, consequent upon the death of the deceased policy holder as nominee, the opponents L.I.C. had failed to settle the genuine claim of her, where fore, she is before us.

 

5.                     The opponent Corporation, on receipt of Court notice has put up appearance through a counsel of its choice and has filed written versions, along with a certified copy of the proposal form in respect of Policy No. 661616026(marked as Ex.R1).

 

6.                     In the versions, the opponent corporation claims that, it has settled the dues in respect of Policy No.661610724 for assured sum of Rs.5,00,000/-, the term of the Policy No.661238863 for sum assured of Rs.51,000/- has not matured yet, and further that, the Policy No.661616026 is hit by the doctrine “Ubbiramae Fidei” i.e., utmost good faith.  The opponents claim that, while obtaining Policy No.661616026, the deceased policy holder had not disclosed about his previous policy NO.661617024 date: 15.12.2009. and should he had done that, there was scope to refuse the acceptance of the proposal without subjecting the proposer for a through medical check up.

 

7.                     Both sides have submitted documents, listed at the end of this order, their evidence affidavits and written arguments endeavouring to justify their respective stands.

 

8.                     Considering the rival claims of the parties, the following points arise for our consideration:-

1. Does the complainant prove that, there is a deficiency

of service in the part of the opponent?

2. Do the opponents prove that, obtainment of Policy No.661616026 by the deceased proposer is hit by the doctrine of “Ubbiramae Fidei”?
3. What orders?

 

Our answers to the points casted above as are follows:-

1. In the affirmative.
2. In the negative.
3. As per final orders owing to the following:-

           

 

 

                                                                                                              :: REASONS ::

 

9.                     Attempting to spell out the reasoning’s, studying the recordings of the order sheets of the case in detail, we note that, on 25.06.2016, On order was passed directing the parties to file authenticated/ attested copies of documents relied upon by them.  Last chance was given to the O.P. on 30.07.2016. and on 17.09.2016 a further chance was given to the opponents to file documents against a penalty ofRs.500/- to be paid to the consumers aid fund of the forum.  Till 26.10.2016, neither the penalty has been paid, nor the opponents have filed the copies of the terms and conditions of the respective policies.  On the said date, the complainants counsel filed copy of the terms and conditions of ”Jeevan Anand” policy bearing No.661616026, which spells out that, as death benefit during the premium paying term Sum Assured + Bonus + F.A.B. if any is payable.  The terms and conditions of Policy No.662238863 Date of Commencement 28.05.2004 is still ellusive for us, the opponent failing to file the same. Therefore, we are constrained to conjoin the answers to points (a) and (b) and rule as follows:-

 

10.                   While the opponent corporation admits the issuance of three Policies claimed by the complainant, disputes the bonafides of the entry (s) in the proposal form in respect of col.10(A) of policy No.661616026.         The caption of col.10(A) reads as follows:-

“10(A) details of policies lapsed/surrendered during last three years”.

 

11.                   Undoubtedly, the deceased proposer had not mentioned about the previously obtained Policy No.661610724 in the proposal form under question. But, the requirement was to furnish details of lapsed/ surrendered policies and not a running one.  Policy No. 661610724, was a running and Kicking one, having the premium paid before death and the proposer was not required by the acceptor (L.I.C.) to speak out about the running Policy as per querry.  He has not committed any wrong and the opponent corporation is not entitled to find any fault with his declaration.  There by we answer points (a) and (b) as mentioned supra.    

 

12.                   Taking into consideration, the entire facts and circumstances, spelled out here in above, we pass the following:-

            

 

ORDER

 

          

1. The complaint is allowed.
2. The opponents are jointly and severally liable to pay the proceeds of all the three policies spelled out in this order without demur, which include sum assured/ Bonus (s)/ and other benefits to the complainant.  If at all the proceeds of Policy No.661610724 has been already paid or the proceeds of Policy No.662238863 is yet to be matured, both have to be given set off;
3. As far as Policy No. 661616026 is concerned, the benefits would carry an interest @ 12% p.a from the date of death till the date of realisation.
4. In respect of the above stated Policy No. 661616026, a compensation of Rs. 10,000/- is awarded owing to the rebuttal of a just claim together with litigation expenses of Rs.5,000/-
5. Office to provide free copies to the litigants, subject to payment of Rs.500/- as penalty imposed on the opponents vide orders date: 17.09.2016 by the opponent.
6. Complaint against O.P.No.3 is dismissed.
7. Four weeks time granted to comply this order.

 

 

(Typed to our dictation then corrected, signed by us and then pronounced in the open Forum on this 19^th day of November-2016)

                 Sd/-                                                               Sd/-

Sri. Shankrappa H.,                                             Sri. Jagannath Prasad,                                  

       Member.                                                                   President.                    

                       

           

Documents produced by the complainant

1. Ex.P.1- Office Copy of legal notice date: 09.06.2014.
2. Ex.P.2 Computerised Status of Policy - No.661616026.
3. Ex.P.3- Computerised Status of Policy – No. 661610724.
4. Ex.P.4- Computerised Status of Policy – No.662238863.
5. Ex.P.5- Reply notice of opponents date: 23.06.2014.
6. Ex.P.6- Copy of Voter I.D. card of complainant.
7. Ex.P.7- copy of Ration Card of deceased Policy holder.
8. Ex.P.8-Copy of death certificate of Policy holder.
9. Ex.P.9- Copy of terms and conditions of Jeevan Anand Policy.

 

 

Documents produced by the Opponent/s

 

10.  Ex.R1- Attested Copy of proposal form of Policy bearing
                  No.661616026.

 

             Sd/-                                                               Sd/-

Sri. Shankrappa H.,                                             Sri. Jagannath Prasad,                                  

       Member.                                                                   President.        

 

           

Sb.