State Consumer Disputes Redressal Commission
Smt.Anita Agarwal vs Executive Worker, Asansol Sector, ... on 18 March, 2019
Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL COMMISSION WEST BENGAL 11A, Mirza Ghalib Street, Kolkata - 700087 First Appeal No. A/49/2016 ( Date of Filing : 20 Jan 2016 ) (Arisen out of Order Dated 08/12/2015 in Case No. Complaint Case No. CC/84/2015 of District Birbhum) 1. Smt.Anita Agarwal W/o, Lt. Manoj Kumar Agarwal, 53, N.S. Road, Behind Jalan Bhaban, Near CMC Club, P.S - Asansol (South), Dist - Burdwan - 713 301. ...........Appellant(s) Versus 1. Executive Worker, Asansol Sector, Sahara India Commercial Corporation Ltd. G.T. Road, Bhanga Panchal, Asansol, Burdwan - 713 301. 2. Manager, Durgapur Regional Office, Sahara India Commercial Corporation Ltd. Subhas Pally, Durgapur - 713 201. 3. In - Charge, Command Office, Sahara India Commercial Corporation Ltd. Sahara Bhaban, 1, Kapoorthala Complex, Lucknow - 226 024. ...........Respondent(s) BEFORE: HON'BLE MR. SHYAMAL GUPTA PRESIDING MEMBER HON'BLE MR. UTPAL KUMAR BHATTACHARYA MEMBER For the Appellant: Mr. R.S. Ganguly-Auth. Representative/, Advocate For the Respondent: Mr. Krishna Nanda Dey., Advocate Dated : 18 Mar 2019 Final Order / Judgement Sri Shyamal Gupta, Member
The complaint case since been dismissed by the Ld. District Forum, aggrieved with such decision, this Appeal is moved by Smt. Anita Agarwal, the Appellant/Complainant.
The complaint case, very briefly stated is that following the accidental death of her husband, she lodged death claim with the OPs. However, though the OPs paid maturity value of all the concerned accounts, the death claim benefit since been not disbursed on account of belated filing of the claim, the instant complaint case was filed.
Having heard both sides and on due consideration of the material on record, we find that Appellant's husband was covered under two schemes, viz., Sahara Swarn Yojna and Sahara Rajat Yojna. Admittedly, the Respondents have paid the maturity sum in respect of all the four accounts to the Appellant. However, the grievance of the Appellant is that she has not been paid the accidental death benefit.
In this regard, it is submitted by the Respondents that in terms of the insurance policies, all sums were payable by the National Insurance Co. Ltd. and therefore, they have no liability in this regard. It appears that the Appellant has not arrayed the Insurance Company in the complaint case and could not offer any plausible explanation in this regard at the time of argument. No doubt, since the death claim was payable by the Insurance Company, it was incumbent on the part of the Appellant to implede it in the complaint case.
Considering all aspects, we deem it appropriate to remand the case to the Ld. District Forum for fresh adjudication of the matter after the Insurance Company is added as a party to the complaint case.
Hence, O R D E R E D The Appeal stands allowed on contest against the Respondents in part. The impugned order is hereby set aside. Appellant to file amended petition of complaint before the Ld. District Forum after incorporating necessary amendment as stated hereinabove within a period of 40 days henceforth. [HON'BLE MR. SHYAMAL GUPTA] PRESIDING MEMBER [HON'BLE MR. UTPAL KUMAR BHATTACHARYA] MEMBER