Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
(3) Anil Kumar Singh
Member
Date of Order : 19.11.2018
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to pay the matured amount of Rs. 60,000/- (approx) of Policy no. 920261001983 along with 18% interest.
- To direct the opposite parties to pay Rs. 3,000/- towards cost of legal notice.
- To direct the opposite parties to pay Rs. 10,000/- as litigation cost.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that he has taken two policies of ULIP. The first policy bearing membership no. 000062047951 started in the year 1989 for 15 years of which R.C. amount was Rs. 2,600/-. Secondly the policy bearing membership no. 920261001983 started in the year 1992 for 15 years of which R.C. amount was Rs. 1,400/-. For both the above policy the R.C. amount of Rs. 2,600/- and Rs. 1,400/- for the year 1999 against installment no. 11 and 8 were deposited vide UCO Bank as will appear from annexure – 1.
It has been further stated that after depositing the installment by cheque on 03.04.1999 R.C. amount of Rs. 1,400/- has punctually been deposited in installments from 2000 to 2006 except last installment and all installment had already been cleared by complainant’s bank account. The opposite party no. 3 has communicated the complainant for the first time vide annexure – 2 that the policy has been terminated on 10.04.2006. From perusal of annexure – 2 issued by opposite party no. 2 for bonus it is vivid that the policy of the complainant has not been terminated vide annexure – 3. Thereafter the complainant has written several letters including annexure – 4 but the grievance of the complainant has not been fulfilled. Thereafter the complainant has also sent legal notice contained in annexure – 5 but the grievance of the complainant has not been redressed. However, legal notice containing annexure – 5 have been replied by the opposite parties stating therein that the subsequent R.C. installment and payment paid by the complainant have been refunded to the complainant under objection “Terminated” as will appear from annexure – 6. Thereafter the complainant replied vide annexure – 7. Thereafter several correspondence has been taken between the parties as will appear from different annexure contained in annexure – 7 and 8. The complainant has also filed supplementary affidavit etc.
On behalf of opposite parties written argument has been filed, In Para – 5 and 9 of which the following facts have been asserted, “complainant had filed a petition accepting the proposal of this opposite party that opposite party was ready to make payment of Rs. 85,739/-. But complainant could not file petition along with three documents i.e. ID pRoof, (Pan Card), Old Investment proof, cancel account cheque or passbook. Hence payment could not be made at the time.”
“whatever delay was caused due to change of Registrar and transfer of records from one Registrar to another Registrar, and after receipt of bank statement issued from UCO Bank under your honor direction. Bank statement opposite parties has very filed the available records and renewed the ULIP (Policy) of complainant. Opposite parties has no intention to harass the investor at all.”
On behalf of complainant a petition has been filed on 20.06.2017 stating therein that opposite parties in place of maturity amount of Rs. 1,28,306/- has transferred Rs. 1,27,380/- in SB account no. 1821 of UCO Bank, Frazer Road, Patna on 28.12.2015 thus the complainant is entitled for further amount of Rs. 906/-. The complainant also wants compensation for harassment, inconvenience and mental agony of the complainant.
We have deliberately not referred or discussed the facts in different application because the complainant has himself admitted that he has received Rs. 1,27,380/-. From perusal of written argument and other documents of opposite parties it transpires that complainant is entitled to receive Rs. 1,28,306/- but as per complainant he has received Rs. 1,27,380//- which is less than Rs. 906/-.
It goes without saying that this case was filed on 20.03.2009 and the complainant has to fight litigation for about 8 to 9 years which has also caused harassment to the complainant.
For the discussion made above we direct the opposite parties to pay rest amount of Rs. 906/- (Rs. Nine Hundred Six only) with 10% interest to the complainant from the date of filing of this complaint within the period of two month from the date of receipt of this order or certified copy of this order failing which opposite parties will pay 18% on the above said amount of Rs. 906/- (Rs. Nine Hundred Six only) from the date of filing of this complaint till its final payment.
Opposite parties are further directed to pay Rs. 50,000/- (Rs. Fifty Thousand only) to the complainant by way of compensation and litigation cost within the period of two month.
Accordingly, this complaint stands allowed to the extent referred above.
Member Member(F) President
