Presented by Miss R. Pattnayak, President .

The brief facts of the case is that, the Complainant who is a retired senior citizen as per the motivation and assurance of the office of the Opposite Party on Dt.15/07/2005 has opened a L.I.C. Policy namely L.I.C.'s Jeevan Akshay-III plan (pension scheme) bearing policy No.593042324, plan No.170 by depositing Rs.1,00,000/-(Rupees one lakh) only in the branch office of the Opposite Party. The allegations of the Complainant are that the said policy bond was supplied to him by the Opposite Party on Dt.10/01/2008 after 2(two) years and 6(six) months of the commencement of the policy though there is a provision to supply the same at best with in 3(three) month of the commencement date of policy. The Opposite Party also paid Rs.439/-(Rupees four hundred thirty nine)only per month till December-2009 irregularity though there is provision to pay the abore said amount as pension to him on each months in the first week of each succeeding months. When the Complainant was urgently in need of money due to his illness, surrendered the original policy bond with the Opposite Party, on Dt.26/02/2010, the head office of L.I.C. Sanctioned Rs. 76,870/-(Rupees seventy six thousand eight hundred seventy)only by issuing the sanction letter in favour of him on Dt.12/01/2014 after one year of the surrender of the policy, but with out issuing cheque to him of the afore said sanctioned amount. Finally On Dt.06/01/2012 , the Opposite Party handed over the cheque amounting to Rs. 76,870/-( Rupees seventy six thousand eight hundred seventy)only vide cheque No.780576. During all these period, the Complainant suffered a lot by running to the office of the Opposite Party regularly for receiving the sanctioned amount inspite of his ill heath. He had to burrow the money from out side in a high interest for his medical treatment. He also knocked the door of the divisional office, Sambalpur, Regional Manager, Patna Bihar and the Opposite party several time but in vein. He further submit that the Opposite Party has also not paid any pension amount or interest till date and he is entitled for compensation towards loss and damages as the Opposite Party acted in a whimsical and negligent manner causing mental agony and harassment and financial loss to him.

Hence being aggrieved he has filed this case before this forum with a prayer.

1. To pay the differential amount of Rs. 23,130/-(Rupees twenty three thousand one hundred thirty)only along with interest @ of 4.39% for the last 2(two) years amounting of Rs. 10,536/-( Rupees ten thousand five hundred thirty six)only as well as with pendentlite and future interest.

1. To pay Rs. 10,000/-(Rupees ten thousand )only towards litigation expenses.

2. Rs. 50,000/-(Rupees fifty thousand)only to wards Compensation for loss and injury sustained by the Complainant, all total amounting to Rs.93,666/-(Rupees ninety three thousand six hundred sixty six)only to him.

   The Complainant in support of his case has filed the following documents :

1. Xerox copy of policy bond.

2. Copy of cheque amounting to Rs. 76,870/-( Rupees seventy six thousand eight hundred seventy)only issued by L.I.C., Padampur Branch, Padampur in favour of the Complainant.

3. Copy of Declaration regarding Assignment.

4. Copy of letter Dt.10/01/2008 of the Opposite Party regarding sending of policy bond to the Complainant.

5. Copy of grievance letter of Complainant to the marketing manager, L.I.C., Divisional Office, Sambalpur Dt. 28/01/2011and Dt. 20/10/2011.

6. Copy of grievance letter of Complainant to the regional manager, L.I.C., Patna Dt.31/01/2011.

7. Copy of letter Dt.15/03/2011 of Complainant to Opposite Party.

8. Copy of grievance letter Dt.09/11/2011 of the Complainant to the senior Branch Manager, L.I.C. of India Padampur Branch, about non-receipt of interest of Rs. 439/-(Rupees four hundred thirty nine)only.

9. Copy of grievance letter Dt.25/11/2011 of the Complainant to the regional Manager, Patna, Bihar regarding non-receipt of interest of Rs. 439/-(Rupees four hundred thirty nine)only. In the pension scheme.

10. Copy of letter Dt.15/12/2011 of L.I.C., Divisional Office, Sambalpur to the Complainant regarding surrender value paid by the Zonal office, Patna is full and final.

Notice was duly served on the Opposite Party and the Opposite Party appeared on Dt.15/04/2013 and filed his version on Dt.01/07/2014.

The Opposite Party has submitted in his written version that the allegation of the Complainant regarding less payment of surrender value of the policy is not correct. As per the policy condition of plan-170, Rs. 76,870/-(Rupees seventy six thousand eight hundred seventy)only had been paid the Complainant as per surrender value of his policy and L.I.C. Is just and right in paying the surrender value against this policy and hence the question of deficiency of service does not arise. There fore prayed to dismiss the case with cost.

On the date of hearing we heard the arguments from the parties and gone through the pleadings of the parties and documents available on the record. On perusal we found that the Opposite Party has admitted :-

(a) The issue of L.I.C. Policy namely Jeevan Akshay-III plan (pension scheme) bearing policy No.593042324.

(b) The purchase price of the bond amounting to Rs. 1,00,000/-(Rupees one lakh)only is admitted, which is further proved from copy of policy bond filed by the Complainant.

© Commencement of the policy i.e. on Dt.15/07/2005 is also admitted which is further proved from the documents i.e. from the copy of policy bond.

(d) Supply of the policy bond to the Complainant on Dt.10/01/2008 after 2(two) years and 6(six) months of the policy is also admitted further proved from the letter Dt. 10/01/2008 issue by the Opposite party to the Complainant.

(e) There is a provision to supply the policy at best within 3(three) months of commencement date of policy is also admitted.

So only following three issues are arises for consideration :-

1. Late supply of policy bond by the Opposite Party to the Complainant.

2. Irregular payment of Rs. 439.00/-(Rupees four hundred thirty nine) only on each month as pension to the Complainant.

    

3. Less payment of surrender value of the policy instead of payment of deposit amount.

1. Regarding the first issue i.e. about the late supply of policy bond by the Opposite Party to the Complainant, the Complainant submitted that the date of commencement of the policy was Dt.15/07/2005 but the Opposite Party supplied the bond to him on Dt.10/01/2008 after 2(two) years and 6(six) months of the Commencement of the policy, to which the Opposite Party admitted in his version and further it is proved from the letter Dt.10/01/2008 of the Opposite Party regarding sending of policy bond to the Complainant. Considering the arguments and facts it is seen that the Opposite Party admitted the delay for issuing the policy for the said 2(two) years and 6(six) months. This action of the Opposite Party has definitely resulted in the loss to the Complainant. In case any thing wrong would have taken place, the Opposite Party would have taken the stand that they have not issued the policy and they are not liable for any claim. Therefore the Opposite Party has taken such a risk for 2(two) years and 6(six) months in not issuing the policy which has affected adversely the mind of the Complainant. Therefore regarding this issue, the Complainant deserves for the Compensation. This issue is answered in favour of the Complainant.

2. Regarding the second issue i.e. irregular payment of pension of Rs. 439.00/-(Rupees four hundred thirty nine)only on each month to the Complainant, the Complainant has submitted in the Complaint petition at para-3 that, the Opposite Party paid Rs. 439.00/-((Rupees four hundred thirty nine)only per months till December-2009 irregularly. We perused the letter Dt.09/11/2011 and Dt. 25/11/2011, where we found that the Complainant made complaint to the Marketing Manager L.I.C. of India., Divisional Office, Sambalpur and Senior Branch Manager, L.I.C. of India, Padampur Branch that, he has not received Rs. 439.00/-(Rupees four hundred thirty nine)only from January-2011 to till date. So clear fact has not disclosed by the Complainant before the Forum to come to conclusion that on which months he has not received the amount of Rs. 439.00/-(Rupees four hundred thirty nine)only. To substantiate this allegation the Complainant has not filed the saving bank account pass book related to this was showing deposit of Rs. 439/-(Rupees four hundred thirty nine)only in each month or copy of statement of account to know the real fact. Since the Complainant have not filed any cogent and convincing oral or documentary evidence relating to this issue before the Forum to get the truth. Therefore this issue is answered against the Complaint.

3. Regarding the 3^rd issue i.e. Less payment of surrender value of the policy, the Complainant has submitted that that due to need of money for his medical treatment on Dt.26/02/2010 he surrender the policy before Opposite party. After the surrender of the policy, L.I.C. Of India, Head office issue a letter to him about sanction of Rs. 76,870/-( Rupees seventy six thousand eight hundred seventy)only on Dt.12/01/2011 after one years of the surrender of the policy. On Dt.06/01/2012 the Opposite Party handed over the cheque amounting to Rs. 76,870/-( Rupees seventy six thousand eight hundred seventy)only vide cheque No.780576, Dt.06/01/2012 after pursuing of long 2(two) years from the date of surrender of policy, to which the Opposite Party submitted that as per the terms and condition of the policy Rs. 76,870( Rupees seventy six thousand eight hundred seventy)only had been paid to the Complainant as surrender value of the policy as per the calculation made by the Regional Manager (Acturial), Zonal office. So there is no deficiency of service on the part of Opposite Party.

   We perused the documents filed by the Opposite Party from where we found at clause (G) (2) and (G) (6) that surrender value is to be allowed and calculated by the Regional Manager (actuarial) in Zonal office after following the conditions and the method of calculating the surrender value. The Complainant has surrender the policy bond before it attains maturity. Complainant also only filed the cover note of policy bond without the attaching part of schedule where the terms and conditions of the policy has mentioned. So We can not disbelieve the version of Opposite Party that he has rightly paid the surrender valueto the complainant. But regarding the late payment of surrender value, after 2(two) years from the date of surrender of policy the Opposite Party has caused deficiency of service to Complainant, hence Complainant deserves for compensation for delay in payment of surrender value of RS 76,870/-.

Hence Ordered:

O R D E R

The Opposite Party is here by directed to pay to the complainant

1. Rs.10,000/-(Rupees Ten Thousand ) only as compensation causing deficiency in service and mental agony in late supplying the original policy bond to the Complainant.

2. To pay simple interest @ 4.39% per annum on the surrender value i.e. On Rs.76,870/- from the date 26/02/2010 to 06/01/2012, calculating to Rs 6280/-(Six thousand two hundred eighty ) only.

3. To pay Rs.5000 /- (Rupees Five thousand) only as litigation expenses within one month from the date of Order, failing which the awarded amount shall carry 12%(twelve percent) interest per annum till the date of actual payment.

   The case is disposed of accordingly.

Typed to my dictation

and corrected by me.

              I agree,                               I agree,                                                I agree,                   

   (Miss Rajlaxmi Pattnayak)        ( Smt. Anjali Behera)                      (Sri Pradeep Kumar Dash)

          P r e s i d e n t.                         M e m b e r.                                     M e m b e r.