The present disputes arises out of the complaint petition filed by the above named complainant alleging deficiency in service against the afore said O.Ps for non payment of survival benefit by the O.P. No.1. The brief facts of the case is briefly summarised hereunder.
On being noticed the O.P. No.1 appeared through their learned counsel and submitted that the averments made out in the complaint are all denied, the petitioner shall be subject to strict proof of all the allegations which are not specifically admitted herein. The survival benefit due on 28.11.2010 was not paid to the complainant because the policy No. 570225575 has been assigned by the complainant in favour of the O.P. No.2 on DT. 22.6.2007 to avail some personal loan from the bank. In case of assignment of a policy the assignee i.e. the O.P. No.2 is the title holder of the policy and any claim due under the policy is payable to the assignee. Accordingly the O.P. No.2 has to submit NEFT form, discharge voucher and original policy bond for settlement of S.B. claim but the O.P. No.2 did did not submit the requirements for which the amount has not yet been paid. The O.P. No.1 issued letter dt. 29.4.2014 to the complainant requesting him to submit SB claim discharge voucher, no objection from O.P. No.2 and NEFT application to release the claim in favour of the complainant but till date the complainant had not submitted the required documents. The O.P No. 1 therefore prays the forum to dismiss the proceedings against the O.P No. 1 with cost.
On being noticed the O.P. No.2 appeared through their learned counsel and submitted that the averments made out in the complaint are all denied, the petitioner shall be subject to strict proof of all the allegations which are not specifically admitted herein. The O.P. No.2 not rendered any deficiency in service. It is the duty of the complainant to verify his loan account in time and also about his survival benefit against policy. On Dt. 30.11.2013 Central office Chennai credited the said proceed amounting Rs.52,036/- in the loan account of the complainant. The said proceed was transferred through computer system as such it is not possible on the part of OP No.2 to know about the transaction. When the complainant came to bank on dt. 17.1.2014 and enquired about the said proceed then the O.P. No.2 came to know that the said amount has been deposited in the loan account of the complainant and forth with credit balance of Rs.13,202/- has been deposited to the SB account of the complainant. The O.P No.2 therefore prays the forum to dismiss the proceedings against the O.P No. 2 with cost.
The O.Ps appeared and filed their written version. Arguments from the learned counsels for the O.Ps and from the complainant heard. Perused the record, documents, filed by the parties.
The learned counsel for the O.Ps. vehemently advanced arguments touching the points both on the facts as well as on law.
FINDINGS.
On perusal of the written version filed by the O.P. No.1 it is revealed that in para 8 the O.P. No.1 had clearly submitted that in letter dt. 29.4.2014 issued in favour of the complainant requesting him to submit SB claim discharge voucher, no objection from O.P. No.2 and NEFT application to release the claim, but till date the complainant has not submitted the required documents, which is admitted by the complainant at the time of hearing before the forum. So we observed there is no deficiency of service on the part of the O.P. No.1.
On perusal of the written version filed by the O.P. No.2 it is revealed that in para 4 the O.P. No.2 clearly submitted that When the complainant came to bank on dt. 17.1.2014 and enquired about his claim then the O.P. No.2 came to know that the said amount has been deposited in the loan account of the complainant. The balance amount of Rs.13,202/- has been deposited to the SB account of the complainant which is admitted by the complainant at the time of hearing before the forum. So we observed there is no deficiency of service on the part of the O.P. No.1.
The complainant submitted on the date of hearing before the forum that on Dt. 23.2.2016 he has submitted required documents before the O.P. No.1 for release of survival benefit in his favour.
Hence to meet the ends of justiece the following order is passed.
ORDER.
In the result with these observations, findings the complaint petition is allowed in part on contest against the O.P No. 1 and dismissed against O.P. No.2.
The O.P No. 1 is ordered to credit the survival benefit amount in the S.B.account of the complainant within 15 days after obtaining all the required documents from the complainant if not already submitted. Parties are left to bear their own cost.
The O.P No.1 is ordered to comply the above directions within 30 days from the date of receipt of this order failing which the complainant is at liberty to file execution proceeding as laid down in the C.P. Act for realization of the same from the O.Ps.
Dictated and corrected by me
Pronounced on this 25th. Day of February, 2016
Member. Member. President
