DATE OF FILING : 16-02-2015.
DATE OF S/R : 26-03-2015.
DATE OF FINAL ORDER : 29-01-2016.
Sri Kartik Sardar,
Son of late FaniMohan Sardar, occupation
Service, residing at Vill Salap, Tantipara,
P.S. Domjur & District Howrah…………………............... COMPLAINANT.
1) Branch Manager,
Life Insurance Corporation of India,
Domjur Branch office,
South Japordah,
P.S. Domjur, District Howrah,
PIN – 711405
2) Manager (CRM)
Life Insurance Corporation of India,
Howrah Divisional Office, 16, Hare Street,
Kolkata 700 001…………………………………………OPPOSITE PARTIES.
P R E S E N T
Hon’ble President : Shri B. D. Nanda, M.A. ( double ), L.L.M., WBHJS.
Hon’ble Member : Smt. Jhumki Saha.
Hon’ble Member : Shri A.K. Pathak.
F I N A L O R D E R
- Complainant, Sri Kartik Sardar, by filing a petition U/S 12 of the C .P. Act, 1986 ( as amended up to date ) has prayed for a direction to be given upon the o.ps. to refund Rs. 1,00,000/-, so paid by the complainant, to pay Rs. 50,000/- as compensation and Rs.10,000/- towards litigation cost along with other relief or reliefs as the Forum may deem fit and proper.
- Brief fact of the case is that complainant paid Rs.1,00,000/- in total to one, Dulal Chandra Paul, since deceased, one agent of O.Ps. for purchasing new insurance policy of O.P. But due to his personal business, he could not meet the said agent of O.P. and on 28/03/2012 said agent expired. So, the complainant met the wife of said dulal Paul who handed over two receipts vide annexure ‘A’ & ‘B’. And money receipt being annexure ‘A’ shows that O.Ps. issued one insurance policy being no 496393869 for an amount of Rs.50,559/-. But annexure ‘B’ is simply an advance premium receipt having transaction no. 58327819 dated 28/12/2011 for an amount of Rs.50,000/-deposited at salap Howrah premium collection point of O.P. for the same insurance policy having no. 496393869. Thereafter, complainant visited the office of O.P. where he came to know that the annexure ‘B’ i.e. the money receipt dated 28/12/2011 is a fake one and no such amount of Rs.50,000/- was deposited with O.Ps. in favour of the complainant. And if complainant does not deposit further amount, the policy No. 496393869 which was issued by O.Ps. would be invalid and the entire amount of Rs.50,559/- as shown in the policy decrement i.e. annexure ‘A’ would be forfeited. So complainant wrote a letter to O.ps. on 17/08/2012 vide annexure ‘C’ stating the details of his deposited amount of Rs.1,00,000/- to said Dulal Paul since deceased and asked for the refund of the same.
But O.P. remained silent without refunding his deposited amount. So being frustrated and finding no other alternative, complainant filed this instant petition praying for the aforesaid relief.
- Notices were served. O.Ps. appeared and filed written version. Accordingly, case heard on contest.
- Upon pleadings of both parties two points arose for determination :
i) Is there any deficiency in service on the part of the O.Ps. ?
ii) Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
We have carefully gone through the W/V with annexures file by O.Ps. and noted their contents. It is the specific plea that they never received any amount of Rs.50,000/- in favour of complainant’s policy bearing no 496393869 as advance premium receipt as per complainant’s claim that he gave that amount to their agent, Dulal Paul, Since deceased towards that next premium amount for the said policy. And as per policy conditions, complainant was to deposit the next premium by 12/2012 as the policy in question was having the date of commencement as 28/12/2011. As the complainant did not do so, accordingly, the said policy has been lapsed and has not acquired any paid–up value. But they are ready and willing to revive the policy subject to receipt of all outstanding amount in respect of the said policy. So, O.Ps. refused to accept the money receipt dt. 28/12/2011 for Rs.50,000/- issued to the complainant. Here we take a pause It is the agent who appears before the common people and makes them understand the utility and usefulness of purchasing an insurance policy. Certainly, people are to believe the agents and to act on their assurances. How the common people would learn to verify a money receipt as to its genuinely when it is bearing the logo of the O.P. itself. Moreover, it is the stated principle of law that it is he to prove who asserts. So, for the amount of Rs. 1,00,000/- which was paid in cash by the complainant, the entire liability vests upon O.Ps. as on behalf of O.P., its agent did all these. And the complainant has been praying before one another agent of O.P., namely, Asish Paul, for proper redressal since 30-05-2012 because he was interconnected and interrelated with said Dulal Paul, since deceased. So the money receipt dated 28/12/2011 showing an amount Rs.50,000/- was a valid document for the complainant. It is not possible for the common people to understand which money receipt is genuine and which is not. O.P. should have been more careful as it is dealing in public money. And it is also fact that after the death of said Dulal Paul, it came within the knowledge of O.Ps. that Dulal Paul, misappropriated many policy holders’ deposited premium amount in connivance with his wife, Baby Paul and another agent Asish Paul. Complainant gave letters on 30/05/2012, 17/08/2012 etc. stating everything. So, the act of said Dulal Paul came within their knowledge since long i.e. 30/05/2012 but O.Ps. remained silent till 16/04/2014 when they lodged F.I.R. against Baby Paul, wife of said Dulal Paul, etc with Domjur P.S. vide annexure. Accordingly, we hold for all act of the agents, the O.Ps. are liable and responsible as principal. So, it is proved that due to O.P.’s negligen, complainant has been suffering since long. And O.P. has nothing to do but to make good to the complainant for all monetary loss suffered by him.
Points under consideration are accordingly decided.
In the result, the complaint succeeds.
Hence,
O R D E R E D
That the C. C. Case No. 66 of 2016 ( HDF 66 of 2015 ) be allowed on contest with costs against the O.Ps.
That the O.Ps. are Jointly and severally directed to refund Rs. 1,00,000/- within one month from this order i.d., it shall carry an interest @ 8% p.a. till actual realization.
That the complainant do get an award of Rs. 5,000/- as compensation and Rs. 2,000/- as litigation costs within one month from this order i.d., the amount of Rs. 7,000/- shall carry an interest @ 8% p.a. till full realization.
The complainant is at liberty to put the decree into execution after expiry of the appeal period.
Supply the copies of the order to the parties, as per rule.
DICTATED & CORRECTED
BY ME.
(Jhumki Saha)
Member, C.D.R.F., Howrah.
