Presented by Sri B.K. Pati, Member. <br /> <br /> The present complaint pertains to deficiency in service as envisaged under the Consumer Protection Act-1986, Its brief history is as follows:-<br /> <br /> The Complainant is the nominee in LIC Policy No. 592983344 under Jeevan Jyoti Scheme in which her husband was the Policy Holder, who died on Dt. 14/06/2006. The Complainant submitted necessary claim before the Opposite Parties Company. The Opposite Party No.3(three) vide letter dated 17/01/2007 repudiated the claim of the Complainant on the ground of intentional suppression of the age of the policy holder at the time of making the policy. The Opposite Party No.4(four) had made all formalities as the agent of the Opposite Parties Company while the policy was made. On Dt. 16/01/2008 the Complainant received a cheque of Rs. 47,636/-(Rupees forty seven thousand six hundred thirty six)only from the Opposite Parties Company towards the death claim proceeds. The Complainant claims from the Opposite Parties Rs. 50,000/- (Rupees fifty thousand)only towards death benefits, Rs. 40,000/- (Rupees forty thousand)only towards mental pain and Rs.10,000/-(Rupees ten thousand)only towards cost of litigation.<br /> <br /> The Opposite Party No.1(one) to No. 3(three) contend that the policy holder was required to pay quarterly premium of Rs. 1,182/-(Rupees one thousand one hundred eighty two)only but he has paid only two quarterly premiums out of four premiums as he died on Dt.14/06/2006. The Policy Holder failed to pay the premiums of July-2006 and October-2006 as per the conditions of the Policy. The unpaid two premiums have been deducted out of Rs. 50,000/-(Rupees fifty thousand)only, the sum assured and the LIC has paid Rs. 47,636/-(Rupees forty seven thousand six hundred thirty six)only deducting Rs.2,364/-(Rupees two thousand three hundred sixty four)only towards the unpaid premiums and therefore the Complainant was paid the right amount.<br /> <br /> The Opposite Party No.4(four), in his version, contends that he is not a necessary party to the dispute and is not liable to pay any amount to the Complainant. The repudiation of the Policy and other matters are problems between the Complainant and Opposite Party No.1(one) to No.3(three), wherein the Opposite Party No.4(four) has no role. Since the Opposite Party No.4(four) has not done any thing to harm the Complainant, the complaint should be dismissed so far as the Opposite Party No.4(four) is concerned. <br /> <br /> Perused the complaint the version of the Opposite Parties and documents filed and find as follows:-<br /> <br /> Admittedly, Rs.47,636/-(Rupees forty seven thousand six hundred thirty six)only has been paid by the Opposite Parties Company to the Complainant out of Rs. 50,000/-(Rupees fifty thousand)only, the sum assured under the Policy in question. The Opposite Parties Company contends that they deducted Rs.2,364/-(Rupees two thousand three hundred sixty four)only out of the sum assured because the Policy Holder had not paid two premiums of quarter.ending July-2006 and October-2006. It is not disputed that the Policy Holder died on Dt.14/06/2006 and as such he could not be expected to pay the premiums of July-2006 and October-2006, by which time he was already dead, that gave rise to the death claim by the nominee/complainant. No wonder, the Opposite Parties Company is found to have committed deficiency of service towards the Complainant by with-holding the payment of Rs. 2,364/-(Rupees two thousand three hundred sixty four)only without any reason. <br /> <br /> The Opposite Party No.4(four) is not a necessary party to the complaint and no case has been made out against him and the Complaint is dismissed so far as the Opposite Party No.4(four) is concerned.<br /> <br /> In the result, the Opposite Party No.1(one) to No.3(three) are directed , jointly and severally, to pay to the Complainant Rs 2,364/-(Rupees two thousand three hundred sixty four)only the balance amount of the sum assured, along with 9%(nine percent) interest per annum over Rs.50,000/-(Rupees fifty thousand)only, the sum assured, chargeable from the date of repudiation of the claim, i.e. Dt.17/01/2007 till Dt. 16/01/2008 the date Rs.47,636/-(Rupees forty seven thousand six hundred thirty six)only, was paid to the Complainant as well as Rs. 3,000/-(Rupees three thousand)only towards cost, payable within thirty days hence, failing which both the amount shall carry 18%(eighteen percent) per annum till payment.<br /> Complaint allowed accordingly.<br />