IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No.CC 39/2016.
Date of Filing: 16.03.2016. Date of Final Order: 17.03.2017
Complainant: Sisir Kumar Saha, S/O Late Mohadeb Saha, 45/1, Karbala Road, P.O. Cossimbazar,
P.S. Berhampore, Dist. Murshidabad , Pin -742102.
-Vs-
Opposite Party: Branch Manager, LICI, Berhampore, P.O. Berhampore, Dist. Murshidabad.
Pin-742101.
Present: Sri Anupam Bhattacharyya …………………. President.
Sri Samaresh Kumar Mitra ……………………..Member.
Smt. Pranati Ali ……….……………….……………. Member
FINAL ORDER
Sri Anupam Bhattacharyya, Presiding Member.
The instant complaint has been filed by the complainant u/S 12 of C. P. Act, 1986 praying for payment of an award of Rs.5000/- and compensation of Rs.10, 000/- towards harassment cost.
The complainant’s case, in brief, is that the complainant took an LICI policy on 17.7.1975 which was matured on 17.7.2000 after payment of all the premiums where the OP has not paid any amount after maturity. On 9.12.14 the OP intimated the complainant that they have registered his complaint and taken up the matter with their authority but no result. Then, the complainant has filed the instant complaint. Hence, the instant complainant’s case.
The written version filed by the OP-LICI, in brief, is that by making false allegation that complainant has filed the instant petition long after 16 years of the matured date of policy. This OP has no laches in making payment of matured amount. If this complainant would have claimed the amount in proper time this OP must pay the matured amount in time. Policy has been lapsed from 7/1984. Premium has been paid for 9 years. So paid up value is 1800, Bonus 1288 and Accidental benefit refund 18/- and in total Rs.3106/- will be paid to the complainant. This amount has been paid in his given Bank A/c . There is no deficiency in service on the part of the OP. Hence, the instant written version.
Considering the pleadings of both parties the following points have been raised for disposal of the case.
Points for consideration
- Whether the complaint is maintainable in its present form and in law?
- Whether the case is barred by law of limitation?
- Whether the complainant has any cause of action to file the present case ?
- Whether the complainant is entitled to get relief as prayed for?
- To what other reliefs/reliefs the complainant is entitled to get?
Decision with Reasons.
Point Nos. 1 to 5.
All the points are taken up together for the sake of convenience.
The complainant has filed this case for payment of an award of Rs.5000/- and compensation of Rs.10, 000/- towards harassment.
The complainant’s case is that the complainant took an LICI policy on 17.7.1975 which was matured on 17.7.2000 after payment of all the premiums where the OP has not paid any amount after maturity. On 9.12.14 the OP intimated the complainant that they have registered his complaint and taken up the matter with their authority but no result.
The case of the OP is that the instant petition has been filed by the complainant long after 16 years of the matured date of policy. This OP has no laches in making payment of matured amount. If this complaint would have claimed the amount in proper time this OP must pay the matured amount in time. Policy has been lapsed from 7/1984. Premium has been paid for 9 years. So paid up value is 1800, Bonus 1288 and Accidental benefit refund 18/- in total Rs.3106/- will be paid to the complainant. This amount has been paid to the complainant in his bank account.
The complainant has adduced his examination-in-chief by way of affidavit and tendered on dock for cross-examination and he has been cross-examined by the Ld. Lawyer for the OP.
The complainant has filed the relevant documents in support of his case.
Where, the complainant-PW-1 has deposed during his cross-examination that his policy was opened in the year 1975. Quarterly premium for the policy was Rs.214/- and he paid premium upto the year 1984. He has deposed that it was a paid up policy and the date of maturity of his policy was in the year 2000. He has further deposed that in writing he claimed for payment of his policy amount in the year 2011 from the OP Insurance Company and he received Rs.3106/- as part payment after filing this case. But he has deposed that he has not yet received the full payment.
On the other hand the Ld. lawyer for the OP-LICI has advanced argument referring the policy document of the complainant with terms and conditions against the claim of the complainant strongly that according to terms and conditions as to non-forfeiture regulation the OP has already paid the paid up value of the policy in favour of the complainant in his bank account.
Where, the complainant has admitted in his cross-examination that he has already received Rs.3106/-.
Though, he has deposed in his cross that he has not yet received the full payment but he has not adduced any cogent evidence justifying his claim as well as the specific amount has not been reflected in his cross-examination as to further claim. Also, there is no cogent evidence justifying such claim and for that the complainant is not entitled to get any further award towards policy.
Regarding payment of compensation the Ld. Lawyer for the complainant has advanced argument that the OP has paid the amount after filing the instant complaint where he claimed for payment in the year 2011.
Considering the facts and circumstances and also considering the argument advanced by both sides we find that the complainant is entitled to get interest @7% p.a. on Rs.3106 since the date of filing the claim application before the OP in the year 2011 till date of realization
On the basis of above discussions as a whole all the points are disposed of in favour of the complainant in part and as such the complainant is entitled to get interest @7% p.a. on Rs.3106 since the date of filing the claim application before the OP in the year 2011 till date of realization .
Hence,
Ordered
that the Consumer Complaint No. 39/2016 be and the same is allowed on contest in part.
The complainant is entitled to get interest @7% p.a. on Rs.3106 since the date of filing the claim application before the OP in the year 2011 till date of realization.
There will be no order as to cost.
The OP –LICI is directed to pay interest @ 7% on Rs.3106/- since the date of filing the claim application before the OP in the year 2011 till date of realization within two months from the date of passing this order i.d fine is to be paid @Rs 50/- for per day’s delay and the amount so accumulated shall be deposited in the Consumer Legal Aid Account.
Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post to the concerned parties as per rules, for information and necessary action.
Member Member President.
