| Final Order / Judgement | BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM CACHAR :: SILCHAR Con. Case No. 33 of 2014 Sri Amitava Choudhury, ……………………………………………. Complainant. -V/S- 1. Life Insurance Corporation of India, Regd. Head Office, Jeeban Bima Marg, P.Box No.19953 Mumbai-400 021. 2. The Divisional Manager, Life Insurance Corporation of India, Hailakandi Road,Meherpur, Silchar-788 015. 3. The Senior Branch Manager, Life Insurance Corporation of India, Dispur Branch, Ganeshguri, G.S. Road, P.O. Dispur, Guwahati-781 005, Assam, ………………………….. . Opp. Parties. 4. The Secretary, Co-Operative Societies, Assam, Notice to be served on the Official Liquidator, The Deputy Registrar, Co-Operative Societies, Cachar, Sadarghat, Silchar-788 001 ………………………………. Proforma O.P. Present: - Sri Bishnu Debnath, President, District Consumer Forum, Cachar, Silchar. Mrs. Chandana Purkayastha, Member, District Consumer Forum, Cachar, Silchar. Shri Kamal Kumar Sarda, Member, District Consumer Forum, Cachar, Silchar. Appeared :- Sri Rupendra Mohan Das , Advocate for the complainant. Sri Sibdas Dutta, Advocate for the O.P. Nos.1, 2 &3. Date of Evidence………………. 21-02-2015 Date of argument……………… 05-05-2015, 03-11-2016 Date of judgment……………… 12-04-2017 JUDGMENT AND ORDER (Sri Bishnu Dednath) President, Dist. Forum - This case has been brought by Sri Amitava Choudhury son of Late Satyandra Chandra Choudhury of Mandirdigirpar, Bilpar, Silchar, Cachar, Assam (referred hereinafter as ‘Complainant`) U/S 12 of the Consumer Protection Act for award of payment of maturity value of his Insurance Policy No.480146289 and compensation of Rs.50,000/- with cost of the proceeding of Rs.10,000/-. The said Complaint has been brought against the Life Insurance Corporation of India (LICI) and its 2(two) Officers including the Secretary of Co-Operative Societies, Assam. The said opposite parties are referred hereinafter as `O.Ps’.
- The Complainant stated inter-alia that while he was employee of STATEFED, Kokrajhar purchased a Insurance Policy No.480146289 under Salary saving Scheme on 28/01/1990. Sum assured was Rs.25,000/-. Date of maturity was 28/01/2006. Monthly premium was Rs 143/-. The premium deducted by his employer/DDO from his monthly Salary. Anyhow, he was transferred to Silchar as Inspector but continued to deduct his premium from his Salary till his retirement. He retired from the service under Voluntary Retirement Scheme on 29/10/2005, i.e., 3(three) month prior to the date of maturity of the Insurance Policy. The stoppage of deduction of premium in respect of the Insurance Policy was informed to the Insurance Company by his employer. But after maturity of the Insurance Policy he was not informed by the O.Ps. Accordingly, the Complainant made inquiry on different dates on 27/04/2006, on 18/10/2006 and on 30/08/2008 but in vain.
- Finding no other alternative, he served a Pleader’s Notice under registered cover to the O.P No.2. The O.P No.2 vide Letter No.SDO/L & HPF dated 07/10/2010 instructed to agitate the matter with the Dispur Branch or at Guwahati Divisional Office of LICI. Accordingly, he approached to the O.P No.3. The O.P No.3 replied on 26/10/2010 but the Complainant did not satisfy. Hence, made continuous demand but the O.Ps reiterated their earlier stand by communication letter No.888/10/99, dated 25/08/2012. Hence, the instant case has been lodged for the reliefs as stated above. The content of that letter No.888/10/99, dated 25/08/2012 is reproduced here “With due respect we would like to inform you that policy bearing the above number has been matured on 28/01/2006 which is in lapsed condition since 04/1988. We could not correspond with you in due time due to non-availability of your present address. Now the liability has been booked and all necessary papers related to Maturity proceeds has been sent to you which is required for settlement of the claim.You are hereby requested to submit your original policy document along with DV for maturity, duly executed and three full signatures along with short signatures in prescribed format send herewith.”
- The O.P No.1, 2 & 3 on receiving Notice of the District Forum submitted their joint Written Statement (W/S). In their W/S stated inter-alia that Insurance Company received premium from the Complainant upto the month of June, 1998. It is also stated that O.P No.3 was aware of the fact that the Policy No.480146289 matured on 28/01/2006 but could not communicate the Complainant due to non-availability of present address of the Complainant. However, they stated that the insurance policy was matured in lapsed condition since 1998 and paid up value of the policy with accrued bonus upto 28/06/1998 was payable on 28/01/2006.
- The O.P No.4 is the Secretary, Co-Operative Societies, Assam. The said O.P did not turn up in spite of serving Notice of the District Forum by registered post with acknowledgment. So this case has been proceeded in absence of the O.P No.4. The Complainant added the O.P No.4 as Pro-forma Opposite Party because the O.P No.4 was official Liquidator of STATEFED which was liquidated on June 2006.
- During hearing the Complainant submitted his deposition supporting affidavit and exhibited as many as 10 (ten) documents. The O.P No.1,2 & 3 also submitted deposition of Sri Kaushik Pada Bhattacharjee, the Administrative Officer of O.P No.2 as DE and exhibited 2 (two) documents.
- Heard argument and perused the written argument of the Complainant as well as written argument of the O.P No.1,2 & 3.
- In view of the material available in record, it is concluded that the contesting O.P admitted the following facts – 1. Complainant purchased the Insurance Policy No.480146289 under Salary Saving Scheme on 28/01/1990, 2, Date of maturity was 28/01/2006, 3. Monthly Premium was Rs 143/-. But the contesting O.Ps took a plea that the Insurance Company received premium upto the month of June,1998, for which the policy matured on 28/01/2006 on lapsed condition. So as per the O.ps the Complainant is entitled to receive Rs 26,910/- (rupees Twenty Six Thousand Nine Hundred Ten) only. The Complainant did not agree, rather took stand that his monthly premium had been deducted from his Salary by his employer till the date of his retirement on 29/10/2005, i.e., 3(three) month prior to the date of maturity of the Insurance Policy.
- It is the burden of the Complainant to establish the fact that Premium from the month of July 1998 to October 2005 was deducted from his Salary by his employer because the O.Ps admitted the fact that the Premium upto June, 1998 received by the Insurance Company. To prove the contested fact above the Complainant exhibited nothing except the Ext.9. As per Ext.9 it is revealed that the contribution toward the above policy paid for the month of January,2003 to July,2003 at the rate of Rs.143/- per month and total amount is Rs. 1,000/-. The said statement of contribution is not at all sufficient to conclude that the Complainant has documentary proof that the Premium upto the month of his retirement has been deducted from his salary by his employer. That is why only on the oral evidence of the complainant the said contested material fact can not be established.
- It is a uncontested fact that STATEFED has been windup in the month of June,2006 and establishment liquidated by the official Liquidator, i.e., O.P No.4 but no information is received from the O.P No.4 because he was absent in the hearing of the case. The Complainant also did not take endeavour to collect relevant papers & documents in respect of deduction of Premium from his Salary till the month of his voluntary retirement.
- Moreover, no official document is available in the case record regarding information to the Insurance Company for stoppage of deduction of Premium from the month of November 2005 to till the date of maturity of Insurance Policy on 28/01/2006. Of course, the Complainant exhibited a copy of letter written by him to the Assistant Branch Manager, STATFED, Silchar Branch dated 27/04/2006 regarding stoppage of his Premium from his Salary, vide Ext.2. In this letter it is revealed that copy of that letter send to O.P No.2 & 3 and to the Branch Manager, LICI, Kokrajhar Branch. In that letter no corresponding address of the Complainant is available.
- Anyhow, no convincing material is found in the evidence on record regarding deduction of the Premium from the month of July,1998 till the date of maturity of the Insurance Policy. Therefore, it is of opinion that the Insurance Company did not receive premium neither from the Complainant nor the employer/DDO of the Complainant deducted the monthly premium from the Salary of the Complainant for the period from the month of July,1998 till the date of retirement of the complainant and in consequence, the Insurance Policy No. 480146289 was rightly matured on lapsed condition.
- The learned advocate of the contesting O.Ps also added in his argument that if premium is not received by the Insurance Company in spite of deducting the same by the employer from the Salary of the employee insured in connection with a insurance policy under Salary Saving Scheme the Insurance Company has the authority to close the Insurance Policy as lapsed. To convince us the learned advocate of the contesting O.Ps submitted copy of Judgement of national Consumer Disputes Redressal Commission, vide 200(1) CPR 57 (NC).
- Now the question as whether the Insurance Company was in disservice in respect of communication about the detail of the maturity of the Insurance Policy to the Complainant. The Complainant stated that the Insurance Company did not communicate the detail of the maturity of the Insurance Policy in time in spite of his several correspondences but when he served the Pleader’s Notice on 22/09/2010, vide Ext.5, the O.P No.2 responded with a letter, vide Ext.6. The O.Ps did not admit their disservice to the Complainant in the matter of non-communication of the details of the maturity information of the Insurance Policy. The defence plea of the contesting O.Ps is that there was no communication address available to the office of the O.P No.3. It is a fact that, in the Insurance Policy the Official address of the Complainant is available but when the Insurance Policy was matured the establishment of the STATFED was liquidated. However, to support the said defence plea, the DW Kaushik Pada Bhattacharjee, the Administrative Officer of the O.P No.2 deposed accordingly. He deposed that on official correspondence between the O.P No.2 & 3 got the communicating address of the Complainant and then vide letter dated 26/10/2010 communicated the Complainant to submit required documents for payment of maturity amount of the Insurance Policy.
- Thus, it is crystal clear that the detail information regarding maturity of the Insurance Policy was communicated to the complainant by the O.Ps after 3(three) years 8(eight) month 28(twenty eight) days of the date of maturity of the Insurance Policy. The delay of communication to the complainant as per contesting O.Ps is non-availability of communicating address of the Complainant. But the Complainant deposed that he made enquiry about the detail of maturity of the Insurance Policy on 27/04/2006 onward, vide Ext.2, 3 & 4. We have gone through the content of those documents including the Ext.3. In Ext.3 it is clearly written the address of communication of the Complainant. It is revealed from that document that said letter posted on 19/10/2006 to the address of the OP No.3 by Capital Courier Service. The said Ext.3 is remain unrebutted in the evidence on record. Not only that but also other corresponding letter, vide Ext.4 contains address of the Complainant but the O.Ps did not respond to those letters.
- Hence, it is of opinion that the O.P No.1 and 3 have knowledge about home address/ communicating address of the Complainant atleast from the last part of the month of October,2006 but they did not take necessary action to communicate the detail maturity of Insurance Policy information to the Complainant.
- Thus in our considered view the above inactiveness of the O.P No. 1 and 3 are nothing but disservice to the Complainant. So, the above disservice causes both monetary loss as well as mental agony to the Complainant.
- Therefore, it is directed to the O.P No.1 & 3 to make necessary arrangement to pay the maturity amount of Rs 26,910 (Rupees Twenty Six Thousand Nine Hundred Ten) only in respect of the Insurance Policy No. 480146289 to the Complainant with compensation for disservice of Rs. 25,000 (Rupees Twenty five Thousand) only and a lump sum amount of Rs. 10,000 (Rupees Ten Thousand) only as cost of the proceeding. The total awarded amount to be paid within 45 days from today. In default of payment of the awarded amount within the stipulated period, the O.P No.1 & 3 are liable both severally and jointly to pay interest on the total awarded amount at rate of 10% per annum with effect from the next day to the ending date of stipulated period till realisation of the full amount.
- With the above order, this case is disposed of on contest. Supply free certified copy of Judgment and award to the parties of the case.
Given under the Signature of the President and Members of this District Forum and seal of the Office of the District Forum on the 12th day of April, 2017. | |
