DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
MUCHIPARA, BURDWAN.
D.F.Case No.59/2007
Complainant: Santosh Sharma, Rajesh Sharma,
Monoj Sharma, all sons of Ram Nandan Sharma.
Telipukur, Balidanga, Sadarghat Road, Burdwan.
Smt.Saroj Sharma(Biswakarma), D/o.Late
Ram Nandan Sharma,
Town & District-Aurangabad in the state
of Bihar.
VERSUS
Opposite Party:1. Branch Manager,
Golden Trust Financial Services,
Ichlabad Road, Parbirhata,
Burdwan-713103.
2. Manager,
Golden Trust Financial Services,
16, R.N.Mukherjee Road,
Kolkata-700001.
3. Manager,
The New India Assurance Co. Ltd.
70, B.C.Road, Kalitala,
Burdwan-713101.
4. Sr. Divisional Manager,
The New India Assurance Co. Ltd.,
Madhusudan Appt. 2nd floor,
P/18 Dobson Lane,
Howrah-711101
Present : Hon’ble President: Sri Tushar Kanti Paladhi
Hon’ble Member : Smt. Jharna Majumder
Counsel for the Parties:
For the Complainants: Authorized Agent, R.S.Ganguly.
For the Opposite Party No.1 & 2: Ld. Advocate, Bibhas Mondal & S.Roy.
For the Opposite Party No. 3 & 4 : Ld. Advocate, Bishnu Pada Santra.
Date of delivery: 31/03/2009
JUDGEMENT
This is a case U/S 12 of C.P. Act, alleging deficiency in service against the OP New India Assurance Company Ltd., and praying for direction to the OP insurance company to pay Rs.2,14,000/-.
The complainant’s case is that Ram Nandan Sharma, the predecessor in interest of the complainants took a Group Janata Personal Accident Policy of Rs.2,00000/- with the OP New India Insurance Company Ltd. through Golden Trust Financial Services vide policy No.475122001607/ENo.47-30044 expiring on 7th April,2004. Shila Debi Sharma, the wife of Ram Nandan Sharma was made nominee in this Group Janata Personal Accident Policy. The policy holder died on 2.7.02 due to road accident. The death was communicated to the Insurance Company by the nominee. OP No.4 asked the claimant to submit the original Death Certificate, Post Mortem Report, Final Police Investigation Report, Insurance Certificate along with the claim form vide their letter dated 29.10.2002, and the same was submitted to GTFS, Burdwan Branch on 2.7.2003. In the mean time, Shila Debi Sharma died on 30.7.2004. The Insurance Company again on 12.11.2004 asked original Insurance Certificate, Death Certificate, certified true copy of Post Mortem Report and Final Police Report. On 1.9.2005, the complainant intimated the insurance company that all the above documents have already been submitted. Thereafter, on request of the complainant, Burdwan District Consumer Protection and Welfare Centre, a registered consumer organization requested the insurance company on 28.12.2008 to settle the dispute. As the Insurance Company did not settle the same, so this case has been filed.
OP No.1 & 2 Golden Trust Financial Services filed written objection, stating that all the papers including claim form submitted by the complainant has been sent to the New India Assurance Company Ltd..
The New India Assurance Company contests this case by filing written objection, stating that as the required documents along with succession certificate have not been submitted by the complainant, so the claim has not been settled. The Insurance Company also, confused about the date of death of the original policy holder.
Points for consideration in this case are:-
1 Whether there is deficiency in service on the part of the OP Insurance Company?
2. Whether the complainant is entitled to get relief as prayed for?
DECISION WITH REASON
Admittedly, Ram Nandan Sharma, the predecessor in interest of the complainants took Group Janata Personal Accident Policy of Rs.2,00000/- with the New India Assurance Company Ltd. Ld. Lawyer of the Insurance Company submits that the date of death of the policy holder is not clear. From one paper, the date of death of the policy holder is 2.7.2002 and from other paper the same is 3.7.2002. But from the FIR it is evident that the policy holder faced accident at about 12 in the night of 2.7.2002, and thereafter, he was shifted to the hospital where he died. So, naturally, the policy holder died on 3.7.2002. On perusal of a letter dated 18.1.2006, issued from GTFS to the Insurance Company, the Forum is satisfied that all the papers including the claim form was forwarded to the Insurance Company on 25.7.2003. The Forum is also satisfied from Annexure-A and Annexure-B that all the required original documents like Death Certificate, Post Mortem Report and Policy were sent to the OP Insurance Company by the complainant through GTFS. The attention of the Forum is drawn by the Ld. Lawyer of the OP Insurance Company to the letter dated 10.2.2006 of Insurance Company addressed to the complainant No.1. The Insurance Company asked the complainant No.1 to submit succession certificate for settling the claim. Admittedly, the nominee Shila Debi Sharma died after submission of claim before the Insurance Company. Naturally, succession certificate is required to ascertain as to who are entitled to get the assured money. Unless the same is submitted, the Insurance Company is handicapped to settle the claim. The complainant may be directed to submit succession certificate before the Insurance Company. Thus, the complaint case disposed of accordingly with direction to the complainant to submit succession certificate. C.F. paid is sufficient. Hence,
ORDERED
that the case be disposed of on contest with direction to the complainant to submit succession certificate before the OP, New India Assurance Company Ltd, who will settle the claim within two months from the date of submission of such succession certificate. We do order of no cost.
Dictated and corrected by me.
(Tushar Kanti Paladhi)
President (Tushar Kanti Paladhi)
D.C.D.R.F., Burdwan. President,
D.C.D.R.F., Burdwan.
(Mrs.Jharna Majumder)
Member
D.C.D.R.F., Burdwan.