State Consumer Disputes Redressal Commission
Smt Kalawati Devi vs The Divisional Manager on 12 September, 2012
Daily Order STATE CONSUMER DISPUTES REDRESSAL COMMISSION WEST BENGAL, BHABANI BHAWAN (Gr. Floor) 31, Belvedere Road, Kolkata - 700027 CC NO. 77 Of 2012 Smt. Kalawati Devi Vs. The Divisional Manager, Life Insurance Co. Ltd. and Others BEFORE: HON'BLE MR. DEBASIS BHATTACHARYA PRESIDING MEMBER HON'BLE MR. JAGANNATH BAG MEMBER For the Complainant: Mr. Barun Prasad , Advocate For the Opp. Party: Dated : 12 Sep 2012 ORDER M.A. 197/12 Order No. 6 Dt. 12.9.12 Record is put up for passing order.
This is to consider the instant M.A. filed by the O.P.s of the original case putting forth objection with regard to the territorial jurisdiction of this Commission in entertaining the complaint case on the ground that the policy holder executed proposal form and made LIC policy no. 197494359 with the LICI, Sikar Branch under Jaipur Divisional Office (O.P.No-1), in the State of Rajasthan and related to the Northern Regional Office at New Delhi (O.P.No.2) and all the transactions in regard to the said policy have taken place in their records, and the O.P. No. 3 is not related and connected in the matter, who should be struck off. Further, the repudiation was made by O.P. No. 1 and so the cause of action has also arisen outside the purview of the Commission. Accordingly, this M.A. By way of a W.O, the Complainant has opposed the petition by stating therein that during the policy period the insured Shiv Prakash Gupta became ill and consulted Dr. Tapan Maitra at Siliguri on 13.7.09 and it was revealed that he was suffering from kidney problem and advised blood transfusion. He was admitted to the North Bengal Clinic on 14.7.09 where blood transfusion on haemodialysis (5 sittings) was completed and advised for higher centre for further management and treatment and was discharged on 23.7.09. Thereafter, he attended Sir Sundar Lal Hospital, Kashi, Varanasi, U.P. on 27.7.09 where several test, examination and treatment have been done and returned back and further consulted Dr. S. Das on 23.10.09 who advised for immediate hospitalization with further investigation. Then, he got admitted to Bengal Kidney Care Centre at Siliguri under Dr. Ratan Kumar Agarwal on 26.10.09 where several test, examination and treatment were done. On 27.10.09, he expired at his residence at Siliguri and the cause of death by Dr. Samir Das was made as cardiorespiratory failure in a case of renal failure. Thereafter, his mother as nominee submitted claim before the Insurance Company along with the opinion of the last attending doctor, namely, Dr. Samir Das, who also submitted his opinion to the O.P. No. 3. By the repudiation letter dated 08.03.11, O.P No. 1 made out that at the time of the policy the insured suppressed his health condition and did not disclose the kidney disease and did not mention other policy. This complaint case is very much attracted u/s 11 (2) (c ) of the C.P. Act, 1986, as the insured was detected illness at Siliguri , treated there and also expired there and the attending doctor also submitted his report dated 27.10.09 to the O.P. No.3 and the claim has been initiated by the Complainant as resident of Siliguri and the repudiation letter has been received by her at Siliguri. So, this Commission has ample jurisdiction to try and adjudicate the complaint case u/s 11 of the C.P. Act, 1986.
In support of the M.A., Ld. Advocate for the Applicants has relied upon a decision of the Hon'ble Supreme Court in the case of Subodh Kumar Gupta Vs. Shrikant Gupta and ors., dated 19.8.93 and also another decision of the Hon'ble Supreme Court in the case of Sonie Surgical v. National Insurance Company Ltd., Civil Appeal No. 1560 of 2004, dated 20.10.09. On the other hand, the Ld. Advocate for the O.P. has relied upon a decision of the Hon'ble Supreme Court reported in AIR 2000 SC 2966 and a decision of this Commission in FA/284/11 decided on 27.4.12.
It is evident that a part of the cause of action has arisen in Siliguri where the insured fell to illness, which ultimately caused his death in Siliguri. It is pertinent that the address of the insured in the proposal form of the Insurance Company bears that he is a resident in the State of West Bengal and the repudiation letter of the insurance company dated 08.03.11 was addressed to the Complainant in such address. Cause of action being bundle of facts which give rise to a right or liability, and as certain cause of action has arisen within the jurisdiction of this Commission, there is no territorial bar to entertain the complaint. There is also a Medical Attendant paper of Dr. S. Das dated 05.09.10 addressed to the O.P. No. 3. As such, there is no merit in the present M.A. filed by the O.P.s and the same is rejected.
Fix 12.10.12 for filing W.V. by the O.P.s as a last chance.
[HON'BLE MR. DEBASIS BHATTACHARYA] PRESIDING MEMBER [HON'BLE MR. JAGANNATH BAG] MEMBER