DISTRICT CONSUMER FORUM,SAHIBGANJ JHARKHAND Complaint Case No. 10/14 ( Date of Filing : 27 May 2014 ) 1. JEEVAN KUMAR SINGH JEEVAN KUMAR SINGH S/O LATE RAJENDRA SINGH RESIDENT OF BOUNSI P.O. AND P.S. BOUNSI DIST. BANKA AT PRESENT VILLAGE BHAGAIYA P.S. MIRZACHOUKI DIST.SAHIBGANJ SAHIBGANJ JHARKHAND ...........Complainant(s) Versus 1. BRANCH MANAGER LIC SAHIBGANJ AND OTHERS BRANCH MANAGER LIC SAHIBGANJ AND OTHERS SAHIBGANJ JHARKHAND 2. THE MANAGER L AND HPF DEPARTMENT, BHAGALPUR THE MANAGER L AND HPF DEPARTMENT BHAGALPUR DIVISION OFFICE JEEVAN PRAKASH ZERO MILE BHAGALPUR 813210 BHAGALPUR BIHAR 3. LIFE INSURANCE CORPORATION OF INDIA, MUMBAI LIFE INSURANCE CORPORATION OF INDIA,YAGAKSHMA,JEEVAN BEEMA MARG MUMBAI 400021 MUMBAI MAHARASHTRA 4. THE CHAIRMAN LIFE INSURANCE CORPOTATION OF INDIA , MUMBAI THE CHAIRMAN LIFE INSURANCE OF INDIA YAGAKSHMA JEEVAN BEEMA MARG, MUMBAI 400021 MUMBAI MAHARASHTRA 5. THE ZONAL MANAGER LIFE INSURANCE CORPORATION OF INDIA, PATNA THE ZONAL MANAGER, LIFE INSURANCE CORPORATION OF INDIA JEEVAN DEEP BUILDING EXHIBITION ROAD PATNA 800001 PATNA BIHAR 6. THE DIVISIONAL MANAGER LIFE INSURANCE CORPORATION OF INDIA , BHAGALPUR THE DIVISIONAL MANAGER LIFE INSURANCE CORPORATION OF INDIA, JEEVAN PRAKASH NEAR ZERO MILE BHAGALPUR 813210 BHAGALPUR BIHAR ............Opp.Party(s) BEFORE: JUDGES Rajnarayan Tiwari PRESIDENT Uttam kumar Sinha MEMBER Smt. Priti Kumari MEMBER For the Complainant: For the Opp. Party: Dated : 25 Apr 2018 Final Order / Judgement District Consumer Dispute Redressal Forum, Sahibganj Consumer Complaint Case No. ? 010/2014 Sahibganj, dated 25th April 2018 Jeevan Kumar Singh s/o Late Rajendra singh R/O Baunsi P.O. and P.S. Bounsi Dist. Banka At present village Bhagaiya P.S. Mirzachowki Dist. Sahibganj ???????????????. Complainant Versus 1.) The Branch Manager, Life Insurance Corporation of India, Sahibganj Branch Sahibganj 2.) The Manager L. and H.P.F. Department Bhagalpur, Divisional Office, Jeevan Prakash Zero Mile, Bhagalpur 813210 3.) Life Insurance Corporation of India Yogkshem, Jeevan Bima Marg Mumbai 400021 4.) The Chairman, Life Insurance Corporation of India, Yogakshem, Jeevan Bima Marg Mumbai 400021 5.) The Zonal Manager Life Insurance Corporation Of India, Jeevan Deep Building Exhibition Road Patna 800001 6.) The Divisional Manager, Life Insurance Corporation of India, Jeevan Prakash, Near Zero Mile Bhagalpur 813210 ????????????????. Opposite Parties Before :- President - Rajnarayan Tiwari Member - Uttam Kumar Sinha Member - Priti Kumari For the complainant :- Shri Arbind Kumar Goel , Advocate For the Opposite Parties :- Shri Ajay Kumar Agrawal, Advocate J u d g m e n t 1.) The complainant Jeevan Kumar Singh has filed this consumer complaint case against the aforementioned Opposite Parties for payment of Rs. 1125000/- i,e, sum assured of policy no. 526438293 and 526438295 of his son Yaspal Anand and also claimed Rs. 200000/- as compensation towards his mental agony and harassment. 2.) The case of the complainant as seen from the averments of the complaint petition is that complainant?s son Late Yaspal Anand was insured with the LICI, (Opposite Parties) for sum assured of Rs. 1000000/- and Rs. 125000/- wide policy no. 526438293 and policy no. 526438295 respectively and he was also paying premium of his said policies during his life time but unfortunately all of a sudden complainant?s son Yaspal Anand breathed his last on 16.02.2013 due to his illness. Being nominee of the said policies, after death of his son the complainant approached the Opposite Parties for payment of death claim of the said policies of his son Yaspal Anand and tendered several applications and relevant papers before the Opposite parties but all went vain and death claim of the said policies was not paid to complainant by the Opposite Parties. Thereafter the complainant sent pleader?s notice to O.P. no. 01 on 24.03.2014 for payment of death claim of his son Yaspal Anand and lastly filed this consumer complaint case. 3.) The Opposite parties (LICI) appeared and resisted the claim of complainant by way of filing written statement and contended that complainant?s case is not maintainable in eye of law as well as facts of the case against the Opposite Parties and case is also bad for misjoinder and nonjoinder of necessary party and complainant has no valid cause of action to file this consumer complaint case. The Opposite Parties have further contended in their written statement that Manager claims of Divisional Office issued a letter to complainant on 22.03.2014 to submit the requirements but till date complainant has not submitted the requirements and as such process for initiation of proceeding for setting the claim of the policies of Yaspal Anand is pending. Further claim of the Opposite Parties (LICI) is that the O.P.s have also sent several reminders to complainant to submit the required documents and information but documents have not been submitted till date and as such process for settling claim has not been initiated and there is no any deficiency in service on the part of the Opposite Parties (LICI) and complaint?s complaint is premature and liable to be dismissed. The Opposite Parties have also contended in their written statement that on receipt of the intimation of death of Yaspal Anand under Policies no. 526438293 and 526438295, the claims department of Bhagalpur Divisional Office started the processing of the claim and in course of processing of the same it was gathered that cause of death of policy holder Yaspal Anand had a past history of illness and he was suffering from ailments and was under treatment and facts regarding his illness was suppressed by the policy holder and claimants and the life assured Yaspal Anand had also no independent source of income which casts shadow of doubt for taking policy of such huge amount in a day and for the reasons mentioned above complainant?s case is liable to be dismissed with cost. 4.) In support of his claim and contentions, complainant Jeevan Kumar Singh has examined two witness in which cw1 is complainant himself, whereas cw2 Rashmi Singh who is wife of complainant. The complainant has also filed following documents in support of his claim. (i) Annexture- 1 Copy of letter of complainant through which the complainants had informed to Branch Manager (O.P. no. 01) about death of his son Yaspal Anand. (ii) Annexture-2 Postal receipt (iii) Annexture-3 Copy of death certificate (iv) Annexture-4 Copy of claimant?s statement (v) Annexture-5 Copy of Medical Attendants certificate (vi) Annexture-6 Certificate of identity and burial or cremation (vii) Annexture-7 Prescription of Late Yaspal Anand of Patanjali Yog Samiti, Banka (viii) Annexture-8 Blood Examination report of Late Yaspal Anand (ix) Annexture-9 Policy bond of Late Yaspal Anand of policy no. 526438293 (x) Annexture-10 Copy of first Premium receipt of policy no. 526438293 (xi) Annexture-11 Renewal premium receipt of policy no. 526438293 (xii) Annexture-12 Policy bond of Late Yaspal Anand of policy no. 526438295 (xiii) Annexture-13 Copy of first premium receipt of policy no. 526438295 (xiv) Annexture-14 Copy of renewal premium receipt of policy no. 526438295 (xv) Annexture-15 Admit card of Yaspal Anand issued from Bihar Vidyalaya Pariksha Samiti (xvi) Annexture-16 Postal receipt (xvii) Annexture-17 Copy of legal notice dated 24.03.2014 (xviii) Annexture-18 Copy of reply of legal notice (xix) Annexture-19 Letter dated 31.03.2017 of Bhagalpur Divisional Office claims Department 5.) The Opposite Parties (LICI) have not preferred to adduce any oral or documentary evidence in support of their claim and contentions. 6.) In the light of evidence and documents available on the record and also arguments advanced by the parties the points for consideration are:- i) Whether the complainant is a consumer to invoke the jurisdiction of the consumer Forum? ii) Whether there is any deficiency in service on the part of Opposite Parties? iii) To what relief the complainant is entitled? 7.) All the aforementioned points are taken together for their consideration:- Complainants claim is that he is a consumer under consumer protection act, which is also not disputed by the opposite parties (LICI) The grievance of the complaint is that complainants son Late Yaspal Anand, who was insured with LICI, (Opposite Parties) for sum assured of Rs. 1000000/- and 125000 wide policy no.526438293 and 526438295 unfortunately all of a sudden had fallen ill and breathed his last on 16.02.2013 due to his illness and being nominee of the said policies the complainant approached the Opposite Parties for payment of death claim of the said policies and tendered several applications and relevant papers before the Opposite Parties but all went in vain and claim of the said policies and tendered several applications and relevant papers before the Opposite Parties but all went in vain and claim of the said policies was not paid to the complainant. Thereafter on 20.0314 the complainant sent pleader?s notice to O.P. no. 1 for payment of death claim of the policies of his son Yaspal Anand and having no any other option lastly filed this consumer complaint case. On the other hand claim of the Opposite Parties (LICI) is that on receipt of the intimation of death of Yaspal Anand under policies no. 526438293 and 526438295 the claims department of Bhagalpur Divisional office started the processing of the claim and in course of the same it was gathered that policy holder Yaspal Anand had a past history of illness and he was suffering from various ailments and was under treatment and facts regarding illness was suppressed by the policy holder and policy holder Yaspal Anand had no independent source of income and Manager claims of Divisional Office, Bhagalpur issued a letter to claimant on 22.03.2014 to submit the requirements but claimant has not preferred to submit the required papers and document and filed this premature complaint case. Bhagalpur Divisional Office claims Department on 31.03.2017 issued a letter to the complainant?s wife Smt. Rashmi Singh through which death claim under policy number 526438293 and 526438295 of Late Yaspal Anand was repudiated and in the said letter, Divisional office claims department has mentioned that ? We have to inform you that deceased life assured was suffering from lever ailment and severe anemia before taking policy but the fact was not disclosed at the time of taking policy. We have evidence and reasons to believe that deceased life assured was suffering from aforesaid diseases before taking policy? The claim of Opposite Parties (LICI) is that the deceased life assured was suffering from liver ailment and severe anaemia before taking policy and the said fact was concealed by him at the time of taking policy but Opposite parties have failed to adduce any evidence in support of their contentions and in absence of any evidence, contention of Opposite parties (LICI) that deceased life assured was suffering from liver ailment and severe anaemia or any other disease is not acceptable. Per contra case of the complainant is that his son Yaspal Anand all of a sudden had fallen ill and breathed his last on 16.02.2013 and to prove his case the complainant has adduced oral and documentary evidence and in absence of any contrary evidence we have no any reason to discard and disbelieve the evidence adduced by the complainant as cw1 Jeevan Kumar Singh and cw2 Rashmi Singh have testified in identical manner and their evidence is also supported by their documentary evidence. In the aforementioned facts circumstances and discussions we are constrained to hold that there is deficiency in service on the part of Opposite Parties (LICI) and considering the claim of the complainant as well as all the surrounding circumstances of the case we direct the Opposite Parties (LICI) pay Rs. 1000000/- Ten Lacs and Rs. 125000/- Rupees one lac and twenty five thousand towards sum assured of the deceased Yaspal Anand bearing policy no. 526438293 and 526438295 to the complainant Jeevan Kumar Singh along with interst of 07 percent per annum. The Opposite Parties (LICI) is also directed to pay Rs. 10000/- Rupees ten thousand as compensation towards mental torture and agony suffered by the complainant. Interest on the total sum assured i,e, on 1125000/- shall be payable from the date of filing of the case i,e, from 27.05.2014. In the facts and circumstances of the case the said sum assured along with interest of 07 percent per annum and compensation will be paid to the complainant by the Opposite Parties (LICI) within a period of two months from the date of judgment. Let free copy be issued to the parties. Priti Kumari Uttam Kumar Sinha Raj Narayan Tiwari 25.04.2018 25.04.2018 25.04.2018 Member Member President [JUDGES Rajnarayan Tiwari] PRESIDENT [ Uttam kumar Sinha] MEMBER [ Smt. Priti Kumari] MEMBER