1. Alleging deficiency of service and unfair trade practice the complainant filed this case against the O.P.for a direction to return back the insurance premium amount alongwith interest and compensation.

                  2. The case of the complainant is that she had opened a SBI life insurance before the O.P No.1 on 5.8.2010 on payment of Rs.1, 00,000/- (Rupees one lakh) as the premium amount. The O.P No.1 had issued a temporary acknowledgement receipt vide proposal No.334159708 in favour of the complainant with an impression to the complainant that it was a single premium. The O.PNo.1 assured the complainant that the policy was safe secure and issued the police certificate vide No.334159708 in favour of the complainant. After getting the policy document the complainant came to know that the policy was not single premium policy accordingly she immediately approached the O.P .The complainant came to know that on 25.11.2014 that the policy has been lapsed .On 30.6.2014 the complainant came to know that  she is only entitled the surrender value of the policy as per the terms and condition. The complainant shocked mentally and at last came to this forum for a direction to return back his premium amount alongwith compensation.

                3. After being noticed, the O.P. appeared and filed   written statement in this case. The case of the O.PNo1 is that the case is not maintainable .The allegation made against O.PNo.1 was false, vexatious and concocted for which the case against him is liable to be dismissed. The case of the O.P.No.2   and 3 is that the complainant is not a consumer as per the C.P.Act As the dispute raised pertains to linked a unit policy. The case is not maintainable for want of territorial jurisdiction and barred by limitation. The O.P. admits in their counter that the policy of the complainant alongwith initial proposal deposit for Rs.1,00,000/- with regular   mode of premium for a terms of three years. And sum assured Rs.5,00,000/-.The policy lapsed due to nonpayment of renewal date since date 30.8.2011.The complainant did not revise the policy within the revival period of within 2 years the said policy got termination on 30.8.2013 and the last termination value Rs.51,586.84  as per the term and condition of the policy. The policy no 334159708 was issued by the answering O.P. as per the proposal form as submitted by the complainant. In the proposal form while replying questions the complainant as mode of premium yearly. The policy was deposited to the policy holder wherein in detail regarding the payment of detail are mentioned in the policy. The complainant has no  locustandi to file the present complaint and no cause of action arises to file the present complaint. The demand of the complainant to return the premium amount and cost and compensation are not maintainable accordingly the present complaint should be dismissed. In the meantime the complainant died on 20.8.2016 and a memo has been filed by her husband authorized person to represent in this case and accordingly for the death of the complainant Prabin Kumar Patra husband of the complainant 2. Subhankar Bishi  son of the complainant 3.Surabhi Bishi daughter of the complainant have been substituted as the legal heir of the complainants in this case . The said Prabin Kumar Patra husband of the complainant also represent as his authorize agent  to conduct the above case  on behalf of the complainants.

            4.The complainant filed documents like Xerox copy of   temporary acknowledgement where   of proposal NO. 334159708 Premium payment mode it has been mentioned as single and tick mark has been inserted on that A.D.receipt and   Xerox copy of the proposal bond call letter received from the O.P.

            5.The complainant taking much stress upon the first receipt where it has been mentioned premium payment mode single  and also a tick mark has been given on this. The said premium received on a single, half yearly quarterly monthly .The complainant appraised while making the policy that to this policy will be continued on a single premium. The complainant could not know that the policy will be for payment for 3 years Later on he came to know that the said policy has to be carried for payment of premium for Rs.1, 00,000/- for consecutive 3 years. Mere denial by the O.P. that the policy is formed a single premium is not based on any document. Though the policy of the complainant has been lapsed in the meantime  the O.P. could not take any steps  for return back of  surrender amount and all the representation made by the complainant had  not been taken by them which proves deficiency of service and unfair trade practice against the complainant.

            Taking into consideration of the case of the complainant, submission made by the O.Ps so also documents filed by the parties, we allow the case of the complainant in part and direct the O.PNo.2 and 3 to refund the surrender amount with up to date interest from the date of her due till realization. The O.Ps are further directed to pay Rs.5,000/-(Rupees five thousand) only  towards  compensation and cost of litigation to the complainant within  one month from the date of this order, failing  which the complainant is at liberty to take steps against the O.P. for realization of awarded amoumt.The case against O.P.No.1 is dismissed without cost.      

        Order pronounced in the open court under the seal and signature for the forum this the   27th

Day of January,2017.