DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KANDHAMAL, PHULBANI
C.C.NO. 20 OF 2020
Date of Filing : 23.12.2020
Date of Order : 28.11.2022
Sri. Srihari Mukhi
S/O: Late Suban Mukhi
AT-Kalimandir Sahi, Peonpada
PO/PS- Phulbani
Dist- Kandhamal. …………………….. Complainant.
Versus.
1. Branch Manager,
LIC of India, Phulbani Branch,
AT/PO/PS- Phulbani
DIST- Kandhamal
2. Prem Sundar Jena,
LIC Agent,
AT- Dhipasahi, PO/PS- Phulbani
DIST- Kandhamal
3. The Sub-Divisional Manager,
LIC of India, Berhampur Division
AT/PO/PS- Berhampur
DIST- Ganjam …………………….. Opp. Parties.
Present: Sri Purna Chandra Mishra - President.
Sri Sudhakar Senapothi - Member.
For the Complainant: Self
For O.P.2 - Self
For O.P.1 & 3 - Mr. Bijaya Kumar Mohanty & Associate Advocates
JUDGEMENT
Mr. Purna Chandra Mishra, President
Complainant Srihari Mukhi has filed this case alleging deficiency of service on the part of the OPs for non-payment of his matured/surrounded amount and praying therein for a direction to the O.Ps to pay his maturity amount with bonus accrued there on.
- Brief fact leading to the case is that the one Srihari Mukhi filed an application addressed to the President of this Commission, where he alleged that during his tenure of service he had opened three LIC policies bearing no.572247784,572894922 and 570377149. All these policies were under Salary Saving Scheme and the insurance premiums were regularly and continuously deducted from his salary in each and every station of his services. While the matter stood thus in the month of April 2013 because of his own necessity, he obtained loan against his policy number 572247784 and 572894922 for Rs. 22,941/- and Rs.33, 000/- respectively on dt. 20.04.2013. As he was not at Phulbani he could not deposit the loan and interest. His third policy matured in November 2017 and on receipt of the intimation from LIC, he contacted them but he was given part payment of Rs.20, 000/- with the assurance that the rest will be paid to him only after receipt of intimation from different offices as the payment after November 2014 has not been received by them. On enquiry he came to know that the premium for the period from November 2014 to 2019 have not been received by LIC office Phulbani. Thereafter he visited the Divisional office Nuapada, Nayagarh and Cuttack where from he was confirmed that the deposit amount of all three policies for the period from November 2014 to August 2019 have been transferred to LIC office Phulbani. After that he contacted Phulbani branch where from he came to know from his agent that Policy No.572247784 was surrendered in 2013 instead of loan. After his retirement on 31.08.2019, he met with the Branch Manager and requested him to clear his dues but on 09.09.2020 he received two messages that an amount of Rs.1743/- and 1245 have been credited to his account from the account of LIC and on 19.09.2020 Rs. 88143/- and again on 02.11.2020 a sum of Rs.27567/- has been credited to his account. He again met the Branch Manager but he was reluctant to attend him and being dissatisfied with the conduct of OP No.1, he has filed this application to get his balance amount with bonus which he calculates to be Rs.1048191/-(Ten lakhs forty eight thousand one hundred ninety one) and the bonus accured on this amount.
- After receipt of notice from this Commission, the O.Ps appeared through their Advocate and filed their joint written statement. The O.Ps admitted that the complainant was having three insurance policies as claimed by him. It is pleaded that the policy No. 572247784 was surrendered on 20.04.2013 as per his request.
So far as policy No.572894922 is concerned, he surrendered his policy on 18.09.2020 against which he had availed a loan of Rs.33000/-. He did not repay the principal or the interest and surrendered the policy whose surrender value was calculated to be Rs.1, 46,732/- and Rs. 81,143/- was credited to his account and a sum of Rs.33000/-towards loan amount and a sum of Rs.25, 589/- was deducted towards interest.
- As regards policy No. 570377149, the complainant had availed loan of Rs, 29000/- on 29.10.2014. The policy got matured on 28.10.2017 and the maturity value was calculated to be Rs.64,400/- and a sum of Rs,20,323/- was credited to his account after deducting Rs.31000/- towards outstanding loan amount and Rs. 15,589/- towards interest on the loan amount. So all the dues of the complainant has been duly been paid and there is no deficiency on the part of the OP and pray for dismissal of the case with cost.
- The complainant in support of his case has filed copy of the deduction details of the three policies, copy of the calculation sheet prepared by him, copy of his statement of account from SBI, Phulbani. On the other hand, the OP has filed copy of the letter dt.02.06.2022. The complainant has filed his evidence in shape of affidavit.
- From the pleadings and counter pleadings of the parties, it is to be determined whether the insurance policy bearing no. 572247784 was surrendered on 20.04.2013 and the policy bearing no.572894922 was surrendered on 18.09.2020 or not ?
The OP No.1 and 3 have not filed a single scrap of paper to show that the complainant had applied to surrender his policies on the relevant dates as pleaded by them. Mere pleading in the written version is unacceptable in the eyes of law without proper documentary evidence. In the instance case, the OP 1 and 3 have also not cited any reason as to why the premiums were deducted till the last date of maturity that is till August 2019 continuously and without any break from June 2009. If the policy was surrendered the OP No.1 and 3 should have immediately instructed the DDO in the month of April 2013 not to make any further deduction, if the policy was surrendered on 20.04.2013. It is admitted by the OP No.1 and 3 in para 3 of the written statement that the policy was under plan 165 and the term is for 10 years and the policy commenced from 28.03.2009 and was supposed to be matured on 28.03.2019. From the statement of accounts filed by the complainant, it is seen that deduction has been made up to August 2019 in respect of policy no.572247784.
- On perusal of the statement of deduction as regards policy no.570377149 and policy no. 572894922, it is seen that the first one matured in time and the second one was closed before maturity. We are satisfied with the payment made by the OP No.1 and 3 as regards the payment made in respect of policy no.572894922 and policy No. 570377149.
- As the OP 1 and 3 have received the premium from June 2009 to August 2019 continuously and without any break and have collected excess premium even after maturity and have miserably failed to adduce or produce any evidence in support of their claim of surrender of the policy and have also failed to pay the maturity value along with the accrued bonus thereon, they have caused deficiency in service to the petitioner.
- The complainant in his complaint petition has admitted that he had obtained the loan to the tune of Rs.22941/- and has not repaid the loan with interest, so he is liable to repay the loan incurred by him with interest.
- As a case of deficiency in service is made out against the OP No.1 and 3 they are liable to compensate the petitioner for the loss sustained by him and hence the order.
ORDER
The complaint petition is allowed on contest against the O.P.No.1 & 3 and dismissed against O.P No. 2. The O.P. No.1 and 3 are directed to calculate the maturity value of policy no.572247784 along with its accrued bonus and pay it to the complainant after deducting the loan amount and the interest accrued thereon. The OPs are further directed to pay a sum of Rs.20, 000/-(twenty thousand) only towards compensation for deficiency in service and harassment caused to the complainant and a sum of Rs.5000/-(five thousand) only towards cost of litigation. The order is to be complied within a period of 30 days from the date of receipt of this order.
Computerized & corrected by me.
I Agree
MEMBER PRESIDENT
Pronounced in the open Commissioner today on this 28th day of November 2022 in the presence of the parties.
MEMBER PRESIDENT
