DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KANDHAMAL, PHULBANI
C.C NO. 30 OF 2014
Present:
Sri Rabindranath Mishra - President.
Miss Sudhira Laxmi Pattanaik - Member.
Sri Prafulla Kumar Mohanty, aged about 59 years,
Son of Gokulananda Mohanty At: Contractorpada
P:O: Phulbani, PS: Phulbani , Dist : Kandhamal , …………….. Complainant.
Versus.
1. Branch Manager,
L.I.C of India, Phulbani Branch,
At/PO/PS: Phulbani, Dist: Kandhamal.
2. Senior Divisional Manager, L.I.C of India
AT/PO: Berhampur , Dist : Ganjam
For the Complainant: Self.
For the OPP. Parties: Sri B. K. Mohanty, Advocate, Phulbani
Date of Order: 29-07-2015
O R D E R
The case of the Complainant in brief is that he is a Consumer under the Opposite Parties having an Insurance policy (Health Plus) bearing No. 572234401 dated.21-04-2008. He deposited the premiums regularly through his agent but on 09-06-2012 the O.P No. 2 gave him a letter through Regd post that his policy was compulsorily surrendered as the premium was not paid on 21-04-2014. As 2 years has already been passed, the said policy can not be revived as per policy conditions. So, they will send Rs. 25,567.33 paise to the Complainant shortly. As the policy bond of the Complainant stands cancelled without any notice and prior intimation neither by the agent nor by the Opposite Parties, they have committed deficiency in service. The complainant has not received any amount from the Opposite parties which proves gross negligence of the Opposite parties. Hence, he has filed this complaint for a direction to the Opposite Parties to revive his policy or the Opposite Parties may be directed to pay Rs. 25,567.33 paise with 12 % annum interest from the date of cancellation of the policy i.e 09-06-2012 and to grant compensation of Rs. 50,000/- towards mental agony and financial loss .
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The case of the Opposite parties as per their joint version is that as per the conditions of the policy the same will be lapsed if the policy holder did not deposit the premium in due date or within one month thereafter . As the Complainant has failed to deposit premium within the said period his policy was lapsed. As per provision of the Insurance Company the policy can be revived within the period of 2 years from the date of the first unpaid premium but the Complainant failed to revive his policy within 2 years from the date of first unpaid premium . So, after closer of the policy, the Opposite Parties sent Rs. 25,567/- to the Complainant through a cheque bearing No. 222853 dated. 09-06-2012 and the said cheque was enchased on 17-07-2012. Hence, the Opposite Parties are not liable to pay any interest and compensation as claimed by the Complainant.
We have heard the Complainant and the learned counsel appearing for the Opposite parties. We have gone through the complaint petition, the version of the Opposite Parties and the documents filed by both the Parties in support of their case. The Complainant has not filed any receipt to prove the payment of the premium for the month of April 2010. So, the policy of the Complainant was rightly lapsed by the Opposite Parties .It is stated by the Opposite Parties that the available amount of the policy to the tune of Rs. 25,567/- was given to the Complainant in shape of cheque which was enchased on 17-07-2012. There is no evidence to counter the said fact. As the Complainant failed to give any suitable evidence regarding the non receipt of the alleged amount he is not entitled to get any relief as claimed. Accordingly the complaint is dismissed being devoid of merit.
The C.C is disposed of. Supply free copies of this order to both the parties.
MEMBER PRESIDENT
