DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: BHADRAK
Dated the 29th day of September, 2018
Present 1. Shri Raghunath Kar, President
2. Shri Basanta Kumar Mallick, Member
3. Afsara Begum, Member
CD Case No. 123 of 2016
Gouranga Sahoo
S/o Rabindra Sahoo
Vill/Po: Guamal (Modasahi)
Via: Dolasahi
Ps: Tihidi
Dist: Bhadrak
……………………. Complainant
(Versus)
Chief Manager
L.I.C of India, Bhadrak Branch Office, Bhadrak
At/Po/Ps/Dist: Bhadrak
…………………………..Opp. Parties
Advocate For the Complainant: Sri J. Agasti & Others
Advocate For the OP: Sri D. Panda
Date of hearing: 06.11.2017
Date of order: 29.09.2018
SRI RAGHUNATH KAR, PRESIDENT
That, the complainant has alleged against the OP having aggrieved with his deficiency of service caused towards him. The complainant has opened a money back policy under OP branch bearing policy No- 588438433 on dt. 28.03.2009 and the said policy will be mutated on dt. 28.03.2029 i.e. 20 years plan. As per the above policy, the complainant has paid Rs 526.00/- quarterly premium to the O.Ps office dt. 20.02.2015 and the complainant has obtained all money receipts for the above premium. As per said policy system after completion of four years from the date of commencement of policy, the policy holder will get Rs 5,000/- through cheque. But the complainant has not received any cheque from the OP after completion of four years of his policy till yet. The complainant has paid his quarterly premium regularly till 20.02.2015 without any fail. Due to temporary absence of the complainant the complainant did not give any representation or query about the aforesaid money back policy amount Rs 5,000/- to the OP office after completion of four years of his policy. But when the complainant returned back to his native village and enquired his money back policy amount which has already been matured and came to know from the office of the OP that, one cheque No- 0348467 dt. 28.03.2013 amounting of Rs 5,000/- of policy No- 588438433 has already been dispatched in the name of Gouranga Sahoo. But the complainant has not received the said cheque and finally he has given representation to the OP on dt. 07.09.2015 about the misdelivery of the said cheque. But till yet the OP did not fruitful make any enquiry about the missing cheque No- 0348467. The complainant went to the O.Ps office in several times but in vain. Lastly the complainant has served legal notices to the chief manager, L.I.C of India, Bhadrak Branch on dt. 19.11.2016. But it is regret to say that the OP did not give any reply of the said legal notice even if he received the same legal notice on 21.11.2016 and in this regard the postal department has issued on 08.12.2016, the information about acknowledgement of the said legal notice which was delivered in 19.11.2016. Thereafter the complainant was compelled to initiate the above case before this Forum for realization of aforesaid money back policy amounts in his favour along with other reliefs as deemed fit by this Forum. Moreover the complainant is also relied on the status report of policy No- 588438433 and premiums paid this complainant which has been supplied by the OP office on dt. 18.11.2016. It things stood thus the OP has intentionally and deliberately not enquired the dispatched cheque No- 0348467, dt. 28.03.2013 amounting Rs 5,000/- and the OP has also not performed his duty towards the complainant his bonafide customer and due to non-payment of money back policy amount by the OP the complainant is suffering for mental agony. That, cause of action arose on dt. 07.09.2015 when the complainant has submitted representation about missing of the cheque to the complainant and on 19.11.2016 when the complainant served legal notice to the OP and on dt. 18.11.2016 when the OP office issued the status report of the policy of the complainant which arose within the territorial jurisdiction of this Court.
The complainant has sought for the following reliefs:-
1. The OP is to be directed to disburse the amount which is Rs 5,000/-.
2. The OP is to be directed to pay the interest due to nonpayment of the outstanding money back policy amount.
3. The OP is to be directed to pay Rs 5,000/- towards mental agony, Rs 1,500/- towards litigation fees.
4. The OP is to be directed to pay the amount Rs 11,500/- in favour of the complainant & 12% interest till the nonpayment of the claim amount.
The complainant has filed the following documents in shape of Xerox copies. On the other the OP has filed his written version challenging the maintainability of the CD Case in this Forum. He has also denied all the allegations made against him by the complainant prayed for the dismissal of the same. He has also admitted that the policy number, date of commencement, the terms and conditions of the policy such as benefits for 3/2013 was lead by the OP in the shape of cheque No- 348467 dt. 28.03.2013 for Rs 5,000/-. So, OP has not committed any willful negligence or deficiency of service in whatsoever manner. It was also verified from the office record of OP that said cheque been encased on 18.04.2013. It is also admitted by the OP that the local postman instead of delivering the registered post containing cheque to the complainant has delivered the same to another Gourang Charan Sahoo of the same locality i.e. of same village and address. It is further detected that the said person Gourang Charan Sahoo has credited it to his account UCO Bank, Dolasahi on 18.04.2013 and his account No- is 12200110002537. Under such circumstances, the complainant should have lodged FIR/complaint to the local police station and should have taken steps to recover the amount from Gouranga Charan Sahoo who received the money illegally and the concerned post delivery man who have perhaps in furtherance of their common malafide intention misappropriated the amount. Hence the OP has submitted that the complainant has wrongly filed this case in a wrong Forum. The OP has not filed submit a single page of paper as his evidence on behalf of him. Hence the OP has sought for the dismissal of this case.
OBSERVATION
We have already perused the complaint as well as the documents and the written version filed by the complainant as well as the OP. It is a fact that the local postman instead of delivering the registered post containing cheque to the complainant has delivered the same to another Gourang Charan Sahoo of the same locality i.e. of same village address. It is further detected that the said person Gourang Charan Sahoo has credited it to his account UCO Bank, Dolasahi on 18.04.2013 and his account No- is 12200110002537. It is not primary duty of the complainant lodged FIR in the police station. This fact has not been agreed by both the parties in the agreement or in the policy bond. Rather it is primary duty of the OP to handover the cheque amounting to the sum assured, after maturity of the policy to the complainant by any cost. In the present case the postman delivered the registered post containing the cheque to another person not to the policy holder. Had the name of the father of the policy holder been written in the address of him, the said envelop of the registered post most have been delivered to the complainant. This is not the fault of the postman rather this is gross negligence and the deficiency of service caused by the OP to the complainant. Hence the OP is liable for the sum assured or the cheque of the complainant. The OP should delivered the said cheque to the complainant by hand or by registered post mentioning their his father’s name and the address should have been clearly and correctly mentioned by the OP. Hence it is ordered;
The complaint be and the same is allowed. The OP is here by directed to make payment of Rs 5,000/- as per the provision of money back policy to the complainant along with compensation of Rs 3,000/- for mental agony and harassment and Rs 1,000/- towards cost of litigation within 30 days from the date of order failing which the OP is liable to pay 9% P.A interest on the assured amount of Rs 5,000/-.
This order is pronounced in the open Forum on this day of 29th September, 2018 under my hand and seal of the Forum.
