M.K.BASU,PRESIDENT - (1.) THIS appeal is directed against the judgment and order dated 12.8.2005 under which a complaint lodged by Smt. Kakali Debnath and Master Abhishek Debnath (the present respondents) was allowed on contest against O.P. No. 1, L. I. C. I., Habra Branch and ex parte against O.P. No. Sri Asish Debnath with cost of Rs. 500. The Forum directed the O.P. No. 2 to refund the amount received by him from the L.I.C.I. in respect of 2/3rd share owned by the complainants. The Forum further directed the O.P. No. 1 to take necessary steps and render all sorts of assistance to the complainants in the matter of getting refund of the said money within a period of two months from the date of the order. It was enjoined in this order that the amount which would fall to the share of the complainant No. 2 i.e. the minor Abhishek Debnath along with interest would be deposited in a nationalised bank in fixed deposit or would be invested in approved securities till the said minor attained majority. It was further clarified that the interest on the said amount so invested would be withdrawn by the complainant No. 1 being the mother of the complainant No. 2 for the latter's maintenance or benefit from time -to -time. Further more, the Forum also awarded a sum of Rs. 5,000 towards compensation payable to the complainants within the said period.
(2.) BEING aggrieved by this order the O.P. No. 1, L.I.C.I., has preferred this appeal challenging the said order as erroneous, illegal and unsustainable.
(3.) THE case of the complainants was that their predecessor Arun Debnath, since deceased invested his money in 3 LIC Policies for Rs. 50,000 dated 20.11.1993, Rs. 1,00,000 dated 28.6.1992 and Rs. 1,00,000 dated 28.5.1992 with the Howrah Branch Office of the LICI. When he purchased these policies he was unmarried and he made his brother Asish Debnath (O.P. No. 2) the nominee in respect of these amounts of the policies. Subsequently he married the complainant No. 1 - Kakali Debnath and out of their wedlock a male baby was born and that male baby named Abhishek Debnath is the complainant No. 2. Arun Debnath after his marriage tried his best to change the name of the nominee in favour of his newly married wife but could not succeed and unfortunately he expired on 1.8.2004 leaving behind him these two complainants as his legal heirs. After his death the complainants tried to convince the LICI authorities that they were the rightful claimants of the LIC money left by the deceased, but the LICI Authorities ultimately handed over the money to the O.P. No. 2 Asish Debnath on the ground that he was the nominee. Then they were compelled to file this case before the Consumer Forum. O.P. No. 2, Sri Asish Debnath did not appear or did not contest the case before the Forum. The O.P. No. 1, LICI, contested the case before the Forum. Their contention was that in view of the provision of Section 39 of the Insurance Act they had no other alternative but to give the money to the recorded nominee and it might be a duty of that nominee to disburse the amount amongst rightful legal heirs of the deceased, but they had no such duty in the face of the nomination that had been made by the deceased in the policy and from that point of view they had not committed any act of deficiency in service and the case against them was liable to be dismissed.;