The instant case was instituted on the basis of a petition of complaint filed by one Subhas Chandra Bouri, S/O.  Late Gour Ch. Bouri, R/O. Mahananda Pally, Near Anukul Ashram, P.O. Jhaljhalia, P.S. English Bazar, Dist- Malda, PIN – 732 102 and the said petition of complaint was registered before this Forum as Complaint Case No. 09/2019.

The fact of the case as revealed from the petition of complaint as well as evidence is that the LIC, India carries his business throughout the India having its Branch Offices at Malda within the jurisdiction of this Forum.

The complainant purchased policy from O.P. No.1 and through O.P. No. 2 thereby insured himself. The date of commencement of the policy was 12/12/2018 for a term of ten years and half yearly premium of the policy was Rs. 12,130/-(Rupees Twelve Thousand One Hundred Thirty Only) out of which Rs. 11,800/- (Rupees Eleven Thousand Eight Hundred Only) was for the main plan and Rs. 250/-(Rupees Two Hundred Fifty Only)was  for the accidental benefit. It has been further stated that the maturity sum assured was Rs.5,00,000/-(Rupees Five Lakhs Only), death benefit sum assured under the main plan is Rs. 2,00,660/- (Rupees Two Lakhs Six Hundred Sixty Only) and accidental benefit sum assured is Rs. 5,00,000(Rupees Five Lakh Only). The complainant regularly paid the premium. After the period of maturity the O.P. No.1 sent an intimation along with the discharge voucher for maturity claim amount to the tune of Rs. 2,80,924/- (Rupees Two Lakh Eighty Thousand Nine Hundred Twenty Four Only).  Such amount is without any basis. The complainant did not send the discharge voucher. The complainant sent a letter dt. 06/12/2018 by registered post with A.D. with a request to collect the maturity benefit but the LIC did not respond. Thereafter, finding no other alternative the complainant served a lawyer’s notice dt. 09/12/2018 by registered post with A.D. through his Ld. Lawyer upon O.P. No.2. But no action was taken in spite of receiving lawyer’s notice as such finding no other alternative the complainant has come to this Forum to redress his grievances.

After receiving the notice the O.Ps appeared and filed a written version denying all the material allegations as leveled against the O.Ps contending inter alia that the case is not maintainable in its present form. The case is barred by miss-joinder and non-joinder of parties. The case is barred by law of limitation. The definite defense case is that the complainant is entitled to get Rs. 2,80,924/- (Rupees Two Lakh Eighty Thousand Nine Hundred Twenty Four Only)  as maturity amount.

The further defense case is that due to alignment problem at the time of printing policy bond the maturity sum assured (SA) was inadvertently done as Rs. 5,00,000/- (Rupees Five Lakhs Only) instead of Rs. 2,06,660/-(Rupees Two Lakhs Six Thousand Six Hundred Sixty Only). So concerning such facts and circumstances the instant case is liable to be dismissed with cost.

In order to prove the case the complainant himself was examined as PW.-1 and he filed the document. On the other hand one witness was examined by the O.P. known by the name Samir Kumar Chakraborty on behalf of O.P.W-1.  

POINTS FOR DETERMINATION

Whether the complainant is entitled to get any relief as prayed for.

::DECISION WITH REASONS::

At the time of argument the Ld.Lawyer of the O.P., LIC argued that due to printing mistake in the policy bond the maturity sum was inadvertently shown Rs. 5,00,000/-(Rupees Five Lakh Only) instead  of Rs.2,00,660/-(Rupees Two Lakh Six Hundred Sixty Only)due to alignment problem in the policy. On the other hand the Ld.Lawyer of the complainant argued that in the policy it has been mentioned that the sum assured is Rs. 5,00,000/-(Rupees Five Lakh Only). So complainant was in the hope and was in the assurance that he will get Rs. 5,00,000/-(Rupees Five Lakh Only) on the maturity of the policy but he came to know that LIC Authority will offer him an amount of Rs. 2,80,924/-(Rupees Two Lakh Eighty Thousand Nine Hundred Twenty Four Only) instead of Rs. 5,00,000/-(Rupees Five Lakh Only). This is why he has come to this Forum to redress his remedy. The Ld.Lawyer of the OP submits that the maturity sum assured is Rs. 2,00,660/- (Rupees Two Lakh Six Hundred Sixty Only) and in addition to declare royalty to Rs. 80,924/- (Rupees Eighty Thousand Nine Hundred Twenty Four Only) the total amount comes to Rs. 2,80,924/-(Rupees Two Lakh Eighty Thousand Nine Hundred Twenty Four Only). The calculation to declare royalty is Rs. 400/- per thousand.

The Ld. Lawyer of the O.P. further argued that death benefit sum assured is Rs. 5,00,000/- (Rupees Five Lakh Only) on the basis of calculation of Rs. 250/- X Rs.2,000/- = Rs. 5,00,000/-. So there was a mistake in the policy due to alignment problem in the policy. On the other hand the Ld.Lawyer of the complainant submits that he has submitted a calculation of Jeevan Sathi 165 though that calculation was not certified by any LIC Authority. But on perusal of that document it is found that the calculation was done only for double accident benefit. So it has no relation with the maturity value. So the documents have no relation with the present case as because there is no claim for accidental benefit or any other benefit.  So the documents filed by the complainant are not helpful for the complainant.

The Ld.Lawyer of the O.P. refers a judgment of State Consumer Disputes Redressal Commission, West Bengal. In First Appeal No. A/23/2015 wherein the same fact that raised in the first appeal and the Hon’ble State Consumer Forum passed the order that it was a typological mistake. So that case law is quite applicable for the instant case. On considering the facts and circumstances it is found that the complainant is entitled to get Rs. 2,80,924/-(Rupees Two Lakh Eighty Thousand Nine Hundred Twenty Four Only). The complainant is not entitled to get any amount for compensation or litigation cost as the complainant did not send the discharge voucher. So it was the fault on the part of the complainant.

C.F. paid is correct.

Hence, ordered that

that the case be and the same is allowed in part on contest without any  cost.

The complainants gets Rs.2,80,924/-(Rupees Two Lakhs Eighty Thousand Nine Hundred Twenty  Four Only) The O.P. No.2 ( Branch Manager ) is directed to issue a discharge voucher in favour of the complainant to the tune of Rs. 2,80,924/- (Rupees Two Lakhs Eighty Thousand Nine Hundred Twenty  Four Only)) within 45 days and O.P. No.2 is to realize the amount in favour of the complainant after complying the provision of all formalities as per provisional rule of the LIC. 

Let a copy of this order be given to each of the parties free of cost with proper application.