West Bengal

Dakshin Dinajpur

CC/44/2012

Sri Surojit Kumar Das, S/O- Late Sourendra Nath Das - Complainant(s)

Versus

Branch Manager, LICI of India, Balurghat Branch - Opp.Party(s)

31 Jan 2013

ORDER

Accepting the proposal of the complainant, the OP LICI, Balurghat Branch issued a policy vide No. 452180328 in favour of the complainant under the scheme T/T-133/15 for a period of 15 years with effect from 28.7.2000 with yearly premium of Rs.1,709/- where sum assured was Rs.20,000/- payable on maturity or in the event of death of the policy-holder together with bonus, interest and other facilities as per rules. He had been paying premium regularly and the last premium for the month of July, 2012 was paid on 11.6.2012 vide Sl No. B2958906.

 

All on a sudden on 15.6.2012, the complainant received an envelope from LICI within which he found a cheque vide no. 646457 dt. 15.6.12 of Rs. 21,988/- payable at U.B.I., Balurghat Branch together with a forwarding letter conveying that the said cheque was the surrender value of his policy no. 452180328. He became astonished and surprised because he never filed any application for surrendering the policy, signed any discharge voucher nor even parted with his original policy with the LICI. He visited the concerned office of the Corporation several time requesting to unearth the mystery, but was told that he must have surrendered his policy. Without being disheartened, even at that stage, he again visited the office, deposited photocopy / xerox copy of the cheque and a letter but to no good. Waiting for long time and getting no result, he ultimately deposited the cheque into his A/c and filed this case with the prayer contained therein.

 

            The OP contested the case by submitting written version / statement where all the contentions & allegations of the complainant have been categorically denied. However, in subsequent paragraphs the OP submitted that the complainant insured his life through the policy issued by the OP, cited above. But, while processing a policy of another person for arranging payment of surrender value, the policy of the complainant was wrongly keyed, as a result surrender payment through

 

 

                                                                                                Contd…P/3

the cited cheque was issued in favour of the complainant. The OP asserts that when the complainant visited their office, they advised him to re-deposit the cheque with an assurance to revive his policy. But the complainant did not do so. However, the OP is still agreeable to revive the policy provided the complainant deposits the full amount of the cheque given to him at a time. Pleading no negligence in their part, prayer for dismissal of the complaint is made.

 

            In view of the pleadings we are called upon to decide as to what relief the complainant is entitled.

 

            Admittedly, the complainant obtained the policy with stipulated terms and conditions from the OP and has been paying premium regularly and premium for July, 2012 has been paid on 11.6.2012 vide receipt No. B2958906. Admittedly, the complainant was sent an A/c payee cheque of Rs.21,988/- stated to be the surrender value of his policy noted above. Admittedly, the complainant never filed any application to surrender his policy, nor executed any discharge voucher, nor even parted with the original policy. The OP in unambiguous terms admitted that while processing a policy of another person wrongly keyed the policy of the complainant and thereby, the cheque in question, was issued in favour of the complainant, describing it to be the surrender value of the complainant’s policy.

 

            Therefore, it becomes admitted that the complainant never surrendered his policy, in question. In view of the submission of the OP, complainant’s policy would be revived provided he deposits the cheque amount at a time given to him. The complainant also wants to get his policy revived and is agreeable to refund the cheque amount received by him.

           

            However, during argument Ld. Adv. for OP has submitted that as  per  rules for the time being in force, a policy surrendered at the

 

                                                                                                Contd…P/4

instance of the holder may be revived provided such option of revival is exercised within 6 (six) months from the date of surrender. Here, in this case, such stipulated 6 months having expired, legal complicacy may arise. In our considered opinion, such submission does not hold good simply because policy of the complainant was not at all surrendered at the instance of the policy-holder. Noting of surrender of the complainant’s policy and issue of cheque concerning surrender value was admittedly at the instance of  the OP and statedly by mistake. Therefore, the existing rule noted above to which our attention has been drawn has got no application in the facts and circumstances of the case.

 

            Accordingly, we hold that the complainant is entitled to get his policy revived on payment of the cheque amount he received from the OP which he admittedly deposited in his A/c. We cannot resist ourselves from mentioning that the complainant should not have deposited the cheque in his A/c but should have returned it immediately to OP by any possible means, specially when he was the best person to know that he never surrendered his policy and was not entitled to that cheque. But for that only, we cannot ignore the mental sufferings the complainant had to undergo for some days from the date of receiving the cheque till date, in addition to the trouble he faced during his several visits to OP’s office which yielded no result. In this score, considering the total circumstances of the case he is to be compensated by money value which we assess at Rs. 2,000/-. Hence.

 

 

                                                O R D E R E D

 

            that the complainant is directed to deposit within 15 days from the date of this order the cheque amount of Rs. 21,988/- received from the OP together with interest @ 4% p.a. for the period from the date of deposit of the cheque in his A/c till the date of deposit the said amount in favour of OP.

 

                                                                                                Contd…P/5

The OP is directed to revive the policy of the complainant within 15 days from the date of receipt of the aforesaid amount with due intimation to the complainant. OP is further directed to pay Rs.2,000/- to the complainant as compensation which will be paid at the time of final payment against the policy.

 

            Let plain copies of this order be furnished to the parties forthwith free of cost.