1.                     The brief history of the case of the complainant is that she availed Sarala Maha Ananda Life Insurance Policy vide No.50003899501 from the OP commencing from 24.01.2011 on deposit of 1^st premium of Rs.15000/- and also deposited the 2^nd premium in the year 2012.  It is submitted that she paid 3^rd premium through DD No.597263 dt.14.2.2013, 4^th premium through DD No.000403 dt.18.2.2014 and 5^th premium through DD No.000666 dt.03.02.2015 but when she intended to surrender the policy, she could know that the last 3 premium amount has not been credited to her policy account by the OP.  Thus alleging deficiency in service on the part of the OP, she filed this case praying the Forum to direct the OP to pay Rs.2.00 lacs towards compensation for mental agony to the complainant.

2.                     The OP filed counter denying the allegations of the complainant but admitted about the insurance policy vide No.5003899501 obtained by the complainant w.e.f. 24.1.2011 for a payment paying term of 10 years @ Rs.15000/- with basic Sum Assured of Rs.1, 05,000/-.  It is submitted that apart from 1^st premium, the OP has received only one renewal premium under the policy through direct debit on 17.3.2012 which was accounted for towards due date of 24.01.2012.  Denying the allegation of the complainant that she has paid renewal premium vide DD No.597263 dt.14.2.2013, DD No.000403 dt.18.02.2014 and DD No.000666 dt.03.02.2015 of Rs.15, 000/- each, the OP contended that as per their record DD No.597263 dt.11.2.2013 of Rs.15, 000/- is received under policy No.50003699501, DD No.000403 dt.18.2.2014 for Rs.15, 000/- is received under Policy No.56013176108 and DD No.000666 dt.03.02.2015 for Rs.15, 000/- is received under Policy No.56007472208.  The OP denying any foul play contended that discontinued fund value of Rs.31, 980.77 was paid to the complainant vide Cheque bearing No.460306 dt.05.03.2016 but the same cheque was received back by the OP as undelivered and the same is stale.  The OP further contended that the said cheque is not encashed and the OP is ready to issue fresh cheque in favour of the complainant.  Denying any deficiency in service on its part, the OP prayed to dismiss the case of the complainant.

3.                     Both the parties have filed certain documents in support of their cases.  The complainant filed affidavit.  Heard from the parties through their respective A/Rs and perused the materials available on record.

4.                     In this case, Sarala Maha Ananda Life Insurance Policy vide No.5000389951 obtained by the complainant from the OP w.e.f. 24.1.2011 for annual premium of Rs.15000/- with SA of Rs.1, 05,000/- is an admitted fact.  It is seen that she had deposited 1^st premium at the time of proposal and 2^nd premium in the year, 2012.  The case of the complainant is that she deposited 3^rd premium vide DD No.597263 on 14.2.2013, 4^th premium vide DD No.000403 dt.18.2.2014 and 5^th premium vide DD No.000666 dt.03.02.2015 but when she surrendered the policy, she found that 3^rd , 4^th and 5^th premium amounting to Rs.45, 000/- has not been credited in her policy account.

5.                     The OP in its counter stated that they have received 1^st premium at the time of proposal and renewal premium of Rs.15, 000/- through direct debit on 17.3.2012 which was accounted for towards due date of 24.1.2012 and the policy lapsed due to nonpayment of premium since due date 24.01.2013.  Regarding claim of the complainant that she paid 3^rd, 4^th and 5^th renewal premium, the OP stated that as per their record the complainant has deposited DD No.597263 dt.11.2.2013 for Rs.15, 000/- under policy No.50003699501 but not under policy No.50003899501.  Similarly, the complainant has deposited DD No.000403 dt.18.2.2014 of Rs.15, 000/- under Policy No.56013176108 and DD No.000666 dt.03.02.2015 for Rs.15, 000/- under Policy No.56007472208 but not under the policy in question.

6.                     It is seen that the OP has issued premium notice dt.06.12.2012 to the complainant for payment of premium for the due date 24.1.2013.  The OP has also filed copy of said premium notice and according to the OP, due to nonpayment of premium since due dt.24.1.2013, the policy lapsed and after deduction of discontinuance charges, a sum of Rs.26, 676/- was credited to the policy fund.  The OP further stated that discontinued fund value with interest was paid by cheque No.460306 dt.05.03.2016 for Rs.31, 980.77 and sent to the complainant but the OP received the said cheque as undelivered.

7.                     At the time of hearing, the Forum asked the A/R for the complainant to show the deposit receipts for 3 premiums in order to prove the allegations but the A/R for the complainant failed to show the receipts.  On the other hand the OP categorically stated that those 3 premiums of the complainant have been deposited through DDs in other accounts.  In the above circumstances, the allegation of the complainant that she has deposited 3 premiums in her policy No.50003899501 is not proved and hence we find no merit in the case of the complainant.  It is found that the discontinued fund value with interest for sum of Rs.31, 980.77 is lying with the OP in the form of a stale cheque and the OP is ready to issue fresh cheque in favour of the complainant.  In our opinion, the complainant is entitled for said amount without any further interest since the cheques is not encashed by the OP as per their record.

8.                     With above observation, we dismiss the case of the complainant since no merit.  Parties are to bear their own costs.

(to dict.)