Orissa

Cuttak

CC/119/2018

Dr Bhimasen Sarangi - Complainant(s)

Versus

Branch Manager,LIC Of India - Opp.Party(s)

B Barik

14 Aug 2019

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

C.C No.119/2018

                                                                                             

Dr. Bhimsen Swain,

At:Plot No.10-1F/429,Markatnagar,

Sector-10,C.D.A,Cuttack,

Pin-753014,Odisha.                                                                        .… Complainant.

 

Vrs.

            Branch Manager,L.I.C,C.A.B,

Jyoti Plaza,Mission Road,

Cuttack,Pin-753001.

Branch Serial-477.                                                                           … Opp. Party.

 

Present:               Sri Dhruba Charan Barik,President.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:    14.12.2018

Date of Order:  14.08.2019

 

For the complainant:       Mr. B.Barik,Adv. & Associates.

For the Opp.Party      :     Mr. S.K.Mohanty,Adv. & Associates.

 

Smt. Sarmistha Nath,Member(W).

 

                The complainant being a consumer has filed this complaint before this Forum alleging deficiency in service against the O.P. for Redressal of his grievances U/S-12 of the Consumer Protection Act,1986(Act in short) in terms of his prayer made in the complaint  petition.

1. The case stated in brief was that the complainant is the policy holder, bearing policy No.591720477, D.O.C-28/12/2001, S/A Rs/50,000/- and NEFT mandated S.B.I Account No.10533382160, IFSC code No.SBIN0000059, at L.I.C.CAB,Mission Road,Cuttack-753001,Odisha.

Due to financial crisis out of house construction, the policies lapsed, however during the special revival campaign facilities of LIC (till 15.10.18)the complainant deposited his 7(seven) lapsed policies on or before 8.10.18 amounting total of Rs.1,71,982/-.Hence the survival benefit which was due on 2016 made the petitioner eligible to get during 2018.Unfortunately the officers of LIC credited the survival benefit of Rs.10,000/-(Rupees ten thousand only) in a wrong NEFT mandated S.B.I Account on 10.10.18, instead of the complainant’s NEFTmandated S.B.I Accounts.The xerox copy of LIC paid receipt is attached as Annexure-1.The complainant carried the request letter of LIC to SBI on 11.10.18 to the authority of S.B.I(AGM of the Branch) to stop the wrong account credits somehow with the request letter of LIC on 11.10.18.The authority of SBI stopped payment and returned the amount to the recommended Bank of LIC,Cuttack on same day.Copy of the letter dt.11.10.18 marked as Annexure-2.The complainant applied on 15.10.18 verbally and on 22.10.18 through letter before the concerned authority of LIC for realization of complainant’s survival benefit.The LIC officer denied to realize the same citing the cause as no officers are present in the office.The complainant made a representation before the authorities on 29.10.18 at 11.00 A.M with an intention to realize the LIC survival benefit of Rs.10,000/- to meet the requirement of mess dues of his son who is reading at ACE,Hyderabad but with an unwarranted intention the Branch Manager of concerned LIC office directedthe complainant to inquire at the dealing officer, but the result was in vain.The copy of the representation dt.22.10.18 and 19.11.18 annexed as Annexure-3 & 4 respectively.The complainant being a faculty of Bhadrak Autonomous College in spite of his busy academic schedule brought the matter to the knowledge of the Branch Manager repeatedly on 11.10.18, 15.10.18 & 22.10.18. (Annexure-3/1^st request letter No.Oct/01/18)dt.29.10.2018,06.11.2018 and 19.11.2018, (Annexure-4)2^nd request letter No.Nov/02/18) but their advice was quite unfavourable.The complainant has approached this Hon’ble Forum to direct the O.Ps to pay LIC benefit of Rs.10,000/- bearing policy No.591720477, D.O.C-28/12/2001 in favour of the complainant and pay compensation of Rs.50,000/- for loss of his valuable time and mental harassment and Rs.10,000/- towards litigation expenses.

2. The O.P has appeared through its counsel and submitted written version. As per the O.P., the complaint as made is not maintainable.  As the complainant has already received his survival benefit of Rs.10,000/- on 31.01.2019 and even though he was aware that the minor delay of a couple of months in receipt of his survival benefit of only Rs.10,000/- was on account of mistake in National Electronic Funds Transfer(NEFT), crediting to the wrong account which has ultimately been rectified by crediting the amount to the complainant’s account.  So far as the policy No.591720477 is concerned the same is a money back policy under Table-75 and the survival benefit was due for 12/2016, however as the complainant had defaulted in payment of the premium due from 6/2012 to 9.2018 the same was paid only after revival of the policy on payment of revival amount of Rs.30,004/- on 8.10.2018.  However, the NEFT of the survival benefit of Rs.10,000/- was wrongly credited to the Account No.30008829260, which was entered earlier and on noticing the mistake immediate step was taken to rectify the same by writing to the bank authorities on 11.10.18.  The O.P further submitted that as the rectification process of the bank was awaited, fresh payment into the account of the complainant could only be processed on 31.1.19, after the rectification was carried out by the bank.  In the meanwhile the complainant’s account has been credited with the amount on 01.02.2019 and O.P has taken immediate steps and got the matter sorted out in just a couple of month’s time.  The complainant has acted in unnecessary haste and has approached this learned Forum hurriedly, even though the amount involved is very small by any standards.

The O.P specifically asserts that there is no deficiency in service attributable to him and all the allegations made of harassment and loss of reputation etc.The complainant has benefited from the special revival allowed to him but his policy had lapsed and was at no value at all.

3. The complainant submitted his reply to the written version of O.P. stating that the unauthorized credit of survival benefit to his account is illegal and there was delay of exactly 113 days and not couple of months which shows the negligence on the part of O.P.  He further stated that while the LIC is authorized to charge interest over any lapsed policy at the rate even per day, the delay of 113 days cannot be a minor delay and the education of his son has suffered due to negligence of the O.P.
4. We have gone through the pleadings and documents filed by respective parties as well as heard from the counsels of the parties at length.  We have observed that though the survival benefit of Rs.10,000/- was credited to the complainant’s account on 31.01.2019 i.e. after 113 days, it amounts to negligence on the part of the O.P.
6698606.  

Basing upon the facts and circumstances stated above, the complainant succeeds and O.P is directed to pay a compensation of Rs.15,000/- and litigation cost of Rs.5000/- to the complainant within 45 days from the date of receipt of copy of this order.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 14^th   day of August,2019  under the seal and signature of this Forum.

 

  ( Smt. Sarmistha Nath )

                     Member (W)                                                                                                                                                                                                                                                                                                                                                                                            (Sri D.C.Barik)

                                                                                                        President.