DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KANDHAMAL, PHULBANI
C.C.NO.40 OF 2016
Present: Sri Rabindranath Mishra - President.
Miss Sudhiralaxmi Pattanaik - Member .
Sri Purna Chandra Tripathy - Member .
Smt. Damayanti Sahu, aged 53 years
W/O: Srim Narendra Sahu At: Makadachuanm
PO:Jagendrapur.Via/PS: Mamna,unda Dist : Boudh. ……………………….. Complainant.
Versus.
The Branch Manager,
L.I.C of India, Phulbani branch
AT/PO/PS: Phulbani Dist: Kandhamal …………………………….. OPP. Parties.
For the Complainant: Smt. Namita Sahoo, Advocate, Phulbani.
For the OPP. Parties: Sri B.K.Mohanty, Advocate,Phulbani
Date of Order: 29-07-2017
O R D E R
The case of the Complainant in brief is that she had an Insurance policy bearing N0.590489640 while she was working as MPH (w) at Chandrapur P.H.C under Rayagada District in the year 1988. The premiums were deducted from her salary. Then she was transferred to Manamunda P.H.C of District of Boudh and premiums were also deducted from her salary through her office. The said policy was matured on 01-11-2013. The Complainant approached the O.P on 15-12-2014 with a written application to get the maturity value but her claim was not settled in spite of repeated requests. So, the Complainant is suffering both mentally and financially since last two years due to negligence of the O.P. The sum assured to the tune of Rs. 40,000/- . So, this complaint is filed against the O.P to settle up the claim with 18 % annual interest from the date of maturity with compensation of Rs. 30,000/- for mental agony and financial loss. She also claimed Rs. 5,000/- towards cost of litigation.
The case of the O.P as per his version is that the policy of the Complainant is under Salary saving Scheme and the policy was matured on 01-11-2013. The sum assured to the tune of Rs. 40,000/-. It is ascertained that the policy bearing No. 590489640 was issued by the Rayagada Branch on 01-11-1988 under the Salary Savings Scheme .Subsequently the policy holder was
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transferred from Rayagada to Manamunda of Boudh District. As such there is no record available at Phulbani branch. The O.P requested the policy holder to submit premium deduction particulars but she remained silent and filed this case. After proper enquiry the Rayagada Branch intimated that no premium was deducted in the policy of the Complainant. The policy holder obtained the certificate from the competent authority regarding the deduction of premium except for the period from January 1989 to May 2006. The Medical Officer, Manamunda C.H.C submitted his report on 22.08.2016, that the premium deduction particulars for the period from January 1989 to May 2016 are not available in his office. If the premiums were not deducted and paid to the L.I.C of India, the policy holder will not be entitled for full maturity claim under the policy. Hence, she is not entitled to get any interest and compensation as there is no deficiency in service on the part of O.Ps.
During course of hearing we have heard the learned counsel appearing for both the parties. We have perused the complaint petition, the version of the O.Ps and the copy of the documents filed by the Complainant in support of her case. The learned counsel of the O.P submitted that the Complainant has not filed the premium remittance details from her drawing disbursement Officer for the period from January 1989 to June 2006, September 2009, January 2010 to March 2010 July 2010 to November 2010 and from January 2011 to August 2011. Hence the settlement of the claim could not be possible on the part of the O.Ps.
This policy is coming under the Salary Saving Scheme. As per settled principle of law, the Premiums are to be remitted by the employer to the Insurer after deducting the same from the concerned employes salary under the Salary Saving Scheme and the employer acts as the agent of L.I.C. So, the deduction of the premiums from the salary of the employee is a matter between the employer and the L.I.C. It is not the duty of the employee to intimate the L.I.C about non remittance. In the mean time the date of maturity of the policy was already over since 01-11-2013 but the Complainant is not yet able to get her maturity amount from the O.Ps .If it is admitted that the premiums of the policy were not deposited before the O.P by the employer, the same has to be communicated to the employer on a prescribed form as per provision. On perusal of the record it is seen that on 15-12-2014 the O.P has received the policy bond and other documents from the Complainant as per acknowledgement slip. It is seen from the premium deduction certificate given by the medical officer CHC Manamunda of District Boudh that the premiums of the employer were deducted from her salary. It is pointed out by the medical officer C.H.C Manamunda that the premiums has already been booked in the wrong number vide 59008484 instead of 590489640. The policy was matured since more than 3 years. The Complainant is entitled to get back her maturity amount. Hence, this complaint is allowed.
The O.P is directed to pay the maturity value with other benefits applicable to the Complainant in connection with her policy number 590489640 after regularizing the policy
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within 30 days from the date of receipt of this order . In case of failure the Complainant shall be entitled to get 10% interest per annum on the entire awarded amount from the date of this order till the date of realization.
The C.C is disposed of. Supply free copies of this order to both the parties at an early date.
MEMBER MEMBER PRESIDENT
