Haryana

Sonipat

175/2014

SHASHI BATRA D/O ISHWAR DUTT - Complainant(s)

Versus

BRACH MANAGER L.I.C. OF INDIA - Opp.Party(s)

SHASHI BATRA

19 Dec 2014

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SONEPAT.

                                                      

                                    Complaint No.175 of 2014

                                    Instituted on:15.07.2014

                                    Date of order:10.03.2015

 

Shashi Batra d/o Ishwar Dutt, House no.138-L, Model Town, Sonepat.

 

     …….Complainant

 

                   VERSUS

 

The Branch Manager, LIC of India, Sector 15, Sonepat.

     ……..Respondent.

 

COMPLAINT UNDER SECTION 12 OF

THE CONSUMER PROTECTION ACT,1986

 

Argued by: Complainant in person.

           Sh. PK Bhagat, Adv. for respondent.

 

BEFORE-   Nagender Singh, President.

          Smt. Prabha Wati, Member.

          D.V. Rathi, Member.

 

O R D E R

 

        Complainant has filed the present complaint against the respondent alleging therein that she is having LIC policy no.171820704 and as per policy, the respondent was to pay Rs.20,000/- as survival benefit in the month of April, 2010.  She has got claimed the interest of Rs.11500/- for the delayed period, but of no use and that amounts to a grave deficiency in service. So, she has come to this Forum and has filed the present complaint.

2.       In reply, the respondent has submitted that the amount was not paid in the month of 4/2010  because the policy was in lapsed condition due to non payment of (3) half yearly premium from 10/08 to 10/09.  The policy was got revived on 19.3.2011 by paying the premium due on 10/08 to 10/09 by cheque of Rs.9650/- but the life assured has not submitted bank particulars SB Claim form alongwith cheque encashment certificate etc. to release the SB Payment.  The respondent, however, has made the payment of Rs.20,000/- vide cheque on 7.4.2014 when the requirement were fulfilled by the complainant.  Thus, the complainant is not entitled for any relief and thus, prayed for the dismissal of the present complaint.

3.       We have heard both the learned counsel for the parties at length and have also gone through the entire case file very carefully.

4.       Ld. Counsel for the respondent has submitted that the amount was not paid in the month of 4/2010  because the policy was in lapsed condition due to non payment of (3) half yearly premium from 10/08 to 10/09.  The policy was got revived on 19.3.2011 by paying the premium due on 10/08 to 10/09 by cheque of Rs.9650/- but the life assured has not submitted bank particulars SB Claim form alongwith cheque encashment certificate etc. to release the SB Payment.  The respondent, however, has made the payment of Rs.20,000/- vide cheque on 7.4.2014 when the requirement were fulfilled by the complainant.  Thus, the complainant is not entitled for any relief.

         But we find no force in this contention of the respondent since the respondent has not produced any letter which may go to prove that the complainant was ever asked by the respondent to submit the bank particulars, SB claim form alongwith cheque encashment certificate etc.  However, it is proved that the complainant has made delayed payment of premium which were due on 10/08 to 10/09 and the said amount of premium was deposited by the complainant with penalty/interest with the respondent on 19.3.2011.  But despite this, the complainant cannot be debar from her entitlement of interest on the delayed payment by the respondent as it was the duty of the respondent to pay the survival benefit to the complainant in next coming 30 days i.e. upto 19.4.2011, but the respondent has failed to do so.  Accordingly, we hereby direct the respondent to pay interest on the amount of Rs.20,000/- at the rate of simple 09% interest with  effect from 19.4.2011 to 11.4.2014.

         With these observations, findings and directions, the present complaint stands allowed.

         Certified copies of order be provided to the parties free of costs. File be consigned to the record-room.

 

 

(Prabha Devi-Member)    (D.V.Rathi)         (Nagender Singh-President)

DCDRF, Sonepat.      DCDRF, Sonepat.      DCDRF Sonepat.

 

Announced 10.03.2015