DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, KHURDA, BHUBANESWAR:

                                                -ooOoo-

C.D.CASE NO. 260/2014

Mr. Suryakanta Baral, aged about 29 years,

S/o Raghunath Baral, resident of Qr.No.2RA-62,

Road No.8, Unit -9, PO – Bhoi Nagar,

Bhubaneswar – 751022                             

                                                                             ….     Complainant

                        -Vrs.-

1.       Birla Sun Life Insurance Co.Ltd.,

          Represented through its Manager,

One India Bull Centre Tower – 1,

          16^th Floor, Jupiter Mill Compound,

          841, Senapati Marg, Elphinstone Road,

          Mumbai – 400013.

2.       Manager,  Birla Sun Life Insurance Co. Ltd.,

184, Janapath, Bhubaneswar – 1,

Dist – Khurda, Orisha

                                                                             …      Opp. Parties

For the complainant      :         Sri R.C. Rath & Associates (Adv.)

For the O.Ps                           :         Mr. D.P.Tripathy & Associates  (Adv.)

DATE OF FILING         :         25/08/2014

DATE OF ORDER        :         01/12/2022

ORDER

K.C.RATH, PRESIDENT

1.       This is an application U/s 12 of the C.P.Act, 1986.

2.       The complainant’s case in brief is that, he had taken  “Saral Jeevan” life insurance policy  bearing number 002851906 from the OPs. He had paid a total sum of Rs.50,247.22 towards premium to the OPs. Due to certain unavoidable circumstances and as,  he was in urgent need of money, he surrendered the policy on 6/2/2013. The OPs assured him to credit the amount of surrender value of the policy but the OPs did not do it despite several correspondences with them. Hence this complaint. 

3.       On the other hand, the  OPs  filed their written version  contending therein that,   the complaint is false and frivolous. They had already issued a cheque of Rs.39,827.05  dated 10/04/2013 towards the surrender value of the policy to the complainant. As the complainant has no cause of action against the OPs,  the complaint is liable to be dismissed with cost.    

4        Perused the materials on record.  True it is that, the complainant had taken the insurance policy from the OPs  bearing number 002851906  and had paid Rs.50,247.22 towards premium. He surrendered the policy and the OPs had issued a cheque dated 10/04/2013 for an amount of Rs.39,827.05  towards the surrender value of the policy. The cheque was delivered to the complainant on 6/4/2013 as is evident from the documents filed by the OPs on 4/11/2022. Considering the materials on record,  I  come to the conclusion that,  for some reason or other, the cheque   issued to the complainant was not encashed for which this dispute arose. Under the aforesaid circumstances,  the complaint bears some merit.  Hence it is ordered.

ORDER

The complaint is hereby allowed in part on contest against the OPs.  The OPs  are directed  to re-issue  a cheque of Rs.39,827.05 in the name of the complainant within a period of thirty days from the date of communication of this order,   failing which the complainant will be  at liberty to execute the order  against the OPs     in accordance with law. No order as to cost and compensation.

The order is pronounced on this day the  1^st December,  2022  under the seal & signature of the President and Member (W)   of the Commission.

                                                                                      (K.C.RATH)    

                                                                                       PRESIDENT

 Dictated & corrected by me

          President                                                                                    

I agree                                                                            

(S.Tripathy)                                                                           

Member (W)                                                                             

Transcribed by Smt. M.Kanungo, Sr.Steno