rd July 2009 C.C. No. 64 of 2009rd term amount to be payable to therd termrd instalment. Accordingly his bank account statement fromrdinstalment. 3. The complainant personally met R2 and informed the facts of grievance. But he also failed to redress grievance of the complainant. The complainant has sent a legal notice dt. 11-12-2008 calling upon the respondents to pay the 3 rdinstalment along with interest, having received the said legal notice both the respondents even failed to give any reply. The complainant stated that it is bounded duty of the respondents to pay the 3 Rs. 20,000/- to the complainant. Without paying this amount, both the respondents are trying to escape from their liability. The services of the respondents are deficient in nature. Hence, this complaint was filed by the complainant requesting this forum to pass orders in favour of the complainant directing the respondents 1) to pass rd instalment money back amount of3 Rs. 20,000/- along with 18% interest from 28-12-2003 till the date of realization towards 3 towards costs of the complaint. 4. R2 filed a counter stating that it is true that the complainant has taken a policy No. 650502437 under table and term 75-20 with Nellore Branch Office – 2 with date of commencement 28-12-2007. It is also true that an amount of Rs. 20,000/- which is equal to 20% of sum assured is due for payment every five years i.e. on 28-12-1992, 28-12-1997, 28-12-2002 and the amount on maturity i.e 28-12-2007. The complainant confirmed that he was in receipt of instalment 1 & 2 and there is an endorsement on the back side of the policy bond to this effect. The Life Insurance Corporation has dispensed with the practice of placing endorsement and calling for policy bond from 2001 onwards and resorted to sending instalment cheques direct to the party, even without discharge voucher. Hence, there is no endorsement for the 3 another cheque was sent by LIC branch to his changed address. The complainant, is put to frequent transfers, as there is no proper communication regarding a change of address. All this things have taken place. The transaction took place at Nellore Division, subsequently file is transferred to Rajahmundry but the complaint has filed in Kadapa Forum and hence, no concrete details are available in Kadapa Division immediately. R2 have been trying to get the full details from the concerned Bank branches. But the banks are consuming time to give details as the transaction took place five years ago. The Rajahmundry Division has informed that the there is copy of payment voucher and covering letter in the file. R2 asked them to send the file immediately. R2 requested the Forum to take in to account in the limitation of 2 years period while allowing the complaint. 5. The R1 filed a memo adopted the counter of R2 in all the material facts. C.C. No. 64 of 2009rd instalment, 2) to pay Rs. 15,000/- towards mental agony and Rs. 2,000/-rd insalment on the LIC bond. The complainant in his complaint informed that4 6. On the basis of the above pleadings the following points are settled for determination. i. Whether the complainant is entitled to the relief as prayed for? ii. Where there is any deficiency of service on the part of the respondents? iii. To what relief? 7. On behalf of the complainant Ex. A1 to A7 were marked and on behalf of the respondents Ex. B1 to B4 were marked. Oral arguments were heard from both sides. 8. Point No. 1& 2 Ex. A1 is the Xerox copy of LIC policy bearing No. 650502437 in the name complainant commenced from 28-12-1987. Ex. A2 is the Xerox copy of letter from Branch Manager, LIC, Rajahmandry, dt. 28-2-2008 addressed to the complainant settling his maturity claim to the tune of Rs. 1,67,700/-. Ex. A3 is the Xerox copy of statement of account in the name of the complainant from 01-01-2001 to 31-12-2003 issued S.B.H, Rajamundry. Ex. A4 is the Xerox copy of letter from complainant address to the Manager LIC, Nellore dt. 24-1-2008. Ex. A5 is the legal notice dt. 11-12-2008 from advocate of the complainant addressed to both respondents. Ex. A6 are two postal receipts of R1 & R2. Ex. A7 were two postal acknowledgement cards from R1 & R2. Ex. B1 is the letter from Senior Divisional Manager, dt. 30-5-2009 addressed to R1. Ex. B2 is the transaction details for cheque No. 19136 issued by Bank of Baroda, Nellore Branch. Ex. B3 is the Xerox copy of cheque for Rs. 20,000/-, dt. 28-12-2002 in the name o the complainant issued by R1. Ex. B4 is the statement of account of bank of Baroda, Nellore branch on 1-1-2003. 9. As could be seen from the documentary evidence it is true that the complainant took a policy (Ex. A1) on his name for a sum of Rs. 1,00,000/- with C.C. No. 64 of 20095 effect from 28-12-1987. It is survival benefit policy as such the complainant will get Rs. 20,000/- for each five year. Accordingly the complainant admitted that he received two instalments of Rs. 20,000/- each in the year 1992 and 1997. He denied the receipt of 3 in the year 2003 and in fact the due was on 28-12-2002. This policy was matured and maturity amount of Rs. 1,67,700/- was settled by the respondents and payment was made to the complainant. There was no dispute with regard to the final settlement of the maturity amount. The dispute is non receipt of 3 amount of Rs. 20,000/- from the respondent by the complainant. As per Ex. B1, R1 has issued a cheque bearing No. 19136, dt. 28-12-2002 for Rs. 20,000/- in favour of the complainant towards the 3 and the amount was debited to the account of the complainant through bank of Baroda Branch, Nellore. As per Ex. B3, R1 issued a cheque for Rs. 20,000/-, dt. 28-12-2002 in the name of the complainant towards 3 cleared in State Bank of Hyderabad, Nellore branch on 01-01-2003. As per Ex. B4 the cheque i.e. Ex. B3 was debited to the account of the complainant on 01-01-2003 to his account. Ex. B1 to B4 clearly indicates that R1 has sent the cheque towards 3 long back i.e. on 01-01-2003. Viewed from any angle there is no merit on the allegations of the complainant and the complainant deserves no consideration on his behalf. Hence the points are answered accordingly. 10. Point No. 3 In the result, the complaint is dismissed. Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open forum, this the 3 MEMBER MEMBER PRESIDENT C.C. No. 64 of 2009rd insalment of Rs. 20,000/- due. According to the complainant it wasrd instalmentrd instalment. As per Ex. B2 the cheque was clearedrd instalment and it wasrd instalment for Rs. 20,000/- and it was debited to the account of the complainantrd July 20096 APPENDIX OF EVIDENCE Witnesses examined. For Complainant : NIL For Respondent : NIL Exhibits marked for Complainant : - Ex. A1 X/c of LIC policy bearing No. 650502437 in the name complainant. Ex. A2 X/c of letter from Branch Manager, LIC, Rajahmandry, dt. 28-2-2008. Ex. A3 X/c of statement of account in the name of the complainant from 01-01-2001 to 31-12-2003 issued S.B.H, Rajamundry. Ex. A4 X/c of letter from complainant address to the Manager LIC, Nellore dt. 24-1-2008. Ex. A5 Copy of legal notice dt. 11-12-2008 from advocate of the complainant addressed to both respondents. Ex. A6 Two postal receipts of R1 & R2. Ex. A7 Two postal acknowledgement cards from R1 & R2. Exhibits marked for Respondents: - Ex. B1 Letter from Senior Divisional Manager, dt. 30-5-2009 addressed to R1. Ex. B2 Transaction details for cheque No. 19136 issued by Bank of Baroda, Nellore Branch. Ex. B3 X/c of cheque for Rs. 20,000/-, dt. 28-12-02 in the name o the complainant issued by R1. Ex. B4 Statement of account of bank of Baroda, Nellore branch on 1-1-2003. MEMBER MEMBER PRESIDENT Copy to :- 1) Sri G. Trivikram Singh, Advocate. 2) Smt. K. Siresha Reddy, Advocate. 1) Copy was made ready on : 2) Copy was dispatched on : 3) Copy of delivered to parties : B.V.P. - - - C.C. No. 64 of 2009 CONSUMER COMPLAINT No. 64 / 2009 Mopuru Nara Subba Reddy, S/o Narasimha Reddy, aged about 48 years, Rachinnayapalli Post and village, Chennur Mandal, Kadapa District. ….. Complainant. Vs. 1) Life Insurance Corporation of India, Rep. by its Branch Manager, Nellore – II Branch, Nellore. 2) Life Insurance Corporation of India, Rep. by its Senior Divisional Manager, Arts College road, Kadapa District. ….. Respondents. This complaint coming on this day for final hearing on 10-6-2009 in the presence of Sri G. Trivikram Singh, Advocate for complainant and Smt. K. Siresha Reddy, Advocate for respondents and upon perusing the material papers on record, the Forum made the following:- O R D E R (Per Sri S. Abdul Khader Basha, Member), 1. Complaint filed under section 12 section of the C.P. Act 1986. 2. The brief facts of the complaint are as follows:- The complainant M. Nara Subba Reddy, worked as Area Manager in one Private Organization by name Indofil Pesticides and he has taken 20 years money back life insurance policy bearing No. 650502437 with profits from R1 on his life for a sum of Rs. 1,00,000/- with effect from 28-12-1997. This policy has unique feature i.e. Survival benefit. As per terms and conditions insured will get Rs. 20,000/- money back per each five years. Accordingly the complainant also received Rs. 20,000/- in the year 1992. Another Rs. 20,000/- in the year 1997. The R1 made endorsement on the rear side of the policy bond to this effect. The complainant has to get another sum of Rs. 20,000/- from R1 in the year 2003. But he had not received the said amount. After his personal enquiries with personnel of the respondents, the complainant came to know the said amount was sent by way of cheque to his previous postal address and it was 2 returned and it was stated as he was transferred to another place on his job requirements. After continuous communications, the staff of R1 made it clear that again another cheque was sent to his address but they failed to give any particulars of cheque. The complainant kept quite and for all these days on the hope that this amount would be paid along with the maturity amount. Before the maturity of the policy, on 24-1-2008 the complainant has sent a letter to R1 to settle his balance amount of Rs. 20,000/- to which he is entitled to receive in the year 2003. But there is no response from the R1 and on 28-2-2008 the respondents have simply settled the maturity claim and failed to pay 3 complainant. When the complainant questioned about non settlement of 3 amount of Rs. 20,000/-, the staff of respondents organization called for the bank statement of the complainant for the year 2003 to prove his genuinity to say that he has not received 3 01-1-2001 to 31-12-2003 was submitted to the staff of the respondents. Even then they failed to settle the claim of the complainant to the tune of Rs. 20,000/- being 3 C.C. No. 64 of 2009 DISTRICT FORUM :: KADAPA PRESENT SRI P.V. NAGESWARA RAO, M.A., LL.M., PRESIDENT SMT. B. DURGA KUMARI, B.A., B.L., SRI S. ABDUL KHADER BASHA, B.Sc., MEMBER Friday, 3
......................B. Durga Kumari
......................Sri P.V. Nageswara Rao
......................Sri.S.A.Khader Basha | | 
