BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. G. SIVAPRASAD : PRESIDENT

SMT. BEENAKUMARI. A : MEMBER

SMT. S.K.SREELA : MEMBER

O.P. No. 202/2002 Filed on 14.05.2002

Dated : 15.10.2009

Complainant:

M. Sasikumaran Nair, Aswathy, Parvathipuram Village, Attingal P.O.

Opposite party:

The Divisional Manager, Divisional Office, Jeevan Prakash, Pattom, Thiruvananthapuram.

(By adv. S.S. Kalkura)

This complaint is disposed of after the period so specified under the Consumer Protection Act, 1986. Though the case was taken up for orders by the predecessors of this Forum on 02.09.2004, the order was not prepared accordingly. This Forum assumed office on 08.02.2008. This O.P having been taken as heard on 31.08.2009, the Forum on 15.10.2009 delivered the following:

ORDER

SMT. BEENAKUMARI.A: MEMBER

The complainant Sasikumaran Nair has taken a LIC policy for an amount of Rs. 50,000/- as policy No. 780467650. He paid total amount of Rs. 53,880/- as monthly instalment at the rate of Rs. 449/- from 04/92 to 02/02. The claim of the complainant is that he has remitted Rs. 53,880/- and the sum assured is only Rs. 50,000/-. The balance Rs. 3,880/- has to be refunded to him, but the opposite party has given only Rs. 50,000/- + Rs. 31,700/-(Bonus) total amount paid by the opposite party is only Rs. 81,251/-. The complainant further stated that he had to pay Rs. 394/- as collection charge of that amount. Hence actually he got only Rs. 80,857/- instead of getting Rs. 85,530/-. As per the policy the amount has to be paid on 28.03.2002, but the opposite party paid the amount only on 20.04.2002. As per the complainant he has to get balance amount of Rs. 4,723/- from the opposite party.

The opposite party LIC of India filed their version. They stated that the amount of Rs. 81,251/- has been paid to the complainant vide cheque No. 18819 dated 31.03.2002 drawn on ICICI Bank in favour of the complainant. The complainant after having encashed the said amount is estopped from claiming a higher amount. The amount of Rs. 81,251/- was paid by the opposite party on the assumption that the premium due on 28.02.2002 has not been received by the opposite party and hence after deducting the premium of Rs. 449/- out of Rs. 81,700/-. Subsequently it was found that the payment of the premium due on 28.02.2002 was received and therefore the amount of Rs. 449/- deducted by the opposite party at the time of payment of the maturity amount was refunded to the complainant on 03.06.2002. The allegation of the deduction of Rs. 394/- towards the bank commission by his bankers is not known to this opposite party. If at all the complainant's bankers have deducted the said amount, this opposite party is not liable or responsible for the same. The opposite party further submits that the policy itself has been issued as per the plan and term as sought for by the complainant which has been availed by him knowing fully well about the maturity payment and its benefits accruing thereunder.

The complainant and opposite party in this case filed proof affidavits. The complainant has been examined as PW1 and from his side 4 documents were marked.

Points that would arise for consideration are:-

1. Whether there is deficiency in service from the side of opposite party?

2. Whether the complainant is entitled to get the reliefs and costs?

    

Points (i) & (ii):- To prove the contentions of the complainant, complainant has filed proof affidavit and deposed as PW1 and 4 documents were marked as Exts. P1 to P4 from his side. Ext. P1 the certificate issued by the Assistant Registrar of Co-operative Societies, Thiruvananthapuram certified that the complainant has remitted an amount of Rs. 53,880/- as LIC premium. The whole amount has been deducted from his salary from 04/92 to 02/02. Ext. P2 is the certificate regarding deduction of premia from the salary of the complainant. Ext. P3 is the letter issued by the opposite party to the complainant regarding the maturity payment due to the complainant on 28.03.2002. As per this document the complainant is entitled to get an amount of Rs. 81,251/-. As per this letter the opposite party deducted Rs. 449/- as gap premium. The opposite party has filed proof affidavit. In their version and proof affidavit they have stated the amount which the complainant is entitled to get as the sum assured under the policy as Rs. 50,000/- and vested Bonus Rs. 31,700/-. Total amount comes to Rs. 81,700/-. From this amount they deducted Rs. 449/- as unpaid premium due on 02/2002. Thus net amount comes to Rs. 81,251/-. They have paid the amount to the complainant vide cheque No. 18819 dated 31.03.2002. And thereafter it was found that the payment of premium due on 02/02 was received and that amount was refunded to the complainant on 03.06.2002 i.e; after he had filed this complaint before this Forum. The main contention of the complainant is that he has paid Rs. 53,880/- to the opposite party for getting the policy amount of Rs. 50,000/-. That contention of the complainant is not sustainable. The complainant himself has taken the policy for Rs. 50,000/- and as per the specific terms and conditions he has remitted the premium. The complainant is not a layman. He is a government employee. But in this case there is negligence from the side of opposite party, that the complainant remitted all the premium correctly. But they deducted one month's premium from the maturity amount at first. It is only after the filing of this case and getting the notice from this Forum they find that their calculations are not correct. Thereafter they refund the amount of Rs. 449/- to the complainant. If the complainant had not filed this case before this Forum he would not have got that amount from the opposite party. The act of the opposite party in deducting the amount paid by the complainant as premium for 02/02 shows their negligence and deficient service. Hence the opposite party is liable to compensate the complainant.

In the result, the opposite party is directed to pay Rs. 2,000/- as compensation and Rs. 1,000/- as costs to the complainant. Time for compliance one month from the date of receipt of the order. Thereafter 9% annual interest shall be paid to the entire amount.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 15^th day of October 2009.

BEENAKUMARI. A : MEMBER

G. SIVAPRASAD : PRESIDENT

S.K. SREELA : MEMBER

O.P. No. 202/2002

APPENDIX

I COMPLAINANT'S WITNESS :

PW1 - Sasikumaran Nair

II COMPLAINANT'S DOCUMENTS :

P1 - Copy of Employment Certificate issued by the Deputy

Registrar (Administration).

P2 - Copy of certificate regarding deduction of premia from the

salary of the complainant.

P3 - Copy of letter dated 27.03.2002 issued by the opposite

party to the complainant.

P4 - Copy of acknowledgement card.

III OPPOSITE PARTY'S WITNESS :

NIL

IV OPPOSITE PARTY'S DOCUMENTS :

NIL

PRESIDENT