STATE CONSUMER DISPUTE REDRESSAL COMMISSION
BIHAR, PATNA
Appeal No. 222 of 2013
1. The Branch Manager, Buxar, Life Insurance Corporation of India, through its Branch Manager, Buxar Branch.
2. The Branch Manager, LIC of India, Sasaram Branch.
3. Sr. Divisional Manager, LIC of India, Divisional Office, Frazer Road, Patna
…. Opposite Parties/Appellant
Versus
Dr. Chandra Shekhar Chaudhary, Deptt. of Botany, M.V. College, Buxar at Present Co-Ordinator, P.G. department of Environmental Science, V.K.S.U, Arrah and also as a Reader, Deptt. of Botany, H.D. Jain College, Arrah.
….Complainant/Respondent
Counsel for the appellant: Adv. Satyanand Sharma
Counsel for the respondent: Adv. Amit & Adv. Rajnish Kumar
Before,
Hon’ble Mr. Justice Sanjay Kumar, President
Mr. Ram Prawesh Das, Member
Dated: 25.01.2023
As per Sanjay Kumar, President.
O r d e r
Present appeal has been filed on behalf of Life Insurance Corporation of India for setting aside the order dated 21.05.2013 passed by the Ld. District Consumer Forum, Buxar in Complaint Case no. 75 of 2009 whereby and whereunder the Ld. District Forum has allowed the complaint case and directed insurance company to pay a sum of Rs. 75,000/- with interest @9% p.a from the date of maturity of the policy along with bonus and other benefits and Rs. 30,000/- as compensation for physical and mental harassment as well as cost of litigation.
Briefly stated the facts of the case is that complainant purchased LIC policy under salary saving scheme and date of maturity of which was March, 2003. After period of maturity complainant submitted all required papers for payment of maturity amount but complainant did not receive the sum assured amount on the ground that some of the cheques issued for payment of premium were dishonoured.
Complainant approached the officials of insurance corporation to provide details of dishonoured cheque as well as represented them for payment of sum assured amount but no action was taken by the officials of LIC as such complainant was compelled to approach the District Consumer Forum, Buxar for payment of sum assured amount.
Written statement was filed on behalf of Branch Manager, LIC, Buxar, stating therein that the consumer forum, Buxar has no territorial jurisdiction to entertain the complaint case as non of the cause of action had occurred within its jurisdiction. It was further stated that the complaint case is not maintainable for non-joinder of necessary party. The policy was taken from the Sasaram Branch of LIC as such complaint case ought to have been filed in Sasaram.
Three issues were framed by the District Consumer Forum which are as follows:
- Is the complaint maintainable under the Consumer Protection Act.
- Is there any deficiency in service on the part of the opposite parties.
- Is the complainant entitled for relief sought for.
With respect to issue no. I the District Forum has held that LIC has a branch office in Buxar, where it carries its business as such District Consumer Forum at Buxar has territorial jurisdiction to entertain the complaint case
With respect to issue no. II, the district forum has held that complainant took policy under the salary saving scheme, date of maturity of which was March, 2003 and when complainant approached for payment of sum assured amount he was told that some of the cheques were dishonoured, however, insurance company could not provide the details of cheques which were dishonoured. Complainant was also told that the policy bag and policy master were not available. Complainant had submitted all the relevant documents including premium deduction chart, discharge voucher, copy of insurance policy. The District Forum held that there was nothing on the record to rebut the claim of complainant as such non payment of assured amount was deficiency in the service by the LIC.
With respect to Issue no. III, the District Consumer Forum has held that complainant is consumer and entitled for relief as prayed in complaint case.
Counsel for the appellant submits that the District Consumer Forum, Buxar has no territorial jurisdiction to entertain the complaint case as complainant had purchased the insurance policy from Sasaram Branch. This Commission finds that since part cause of action has arisen within the territorial jurisdiction of Buxar as such District Consumer Forum, Buxar had jurisdiction to entertain the case. LIC has its branch office at Buxar where it carries on its business as such complaint case was maintainable before the District Consumer Forum, Buxar.
It was further argued on behalf of counsel for the appellant that at best consumer forum could have directed insurance company to refund the premium paid amount but instead it directed to pay Rs. 75,000/- which is sum assured amount. Complainant had filed his salary certificate in which deductions from salary for payment of premium amount was provided. Appellant- Insurance corporation did not give any details of dishonoured cheques as such there was no evidence placed on record that complainant defaulted in depositing the premium amount even the policy bag and policy master were not available in the office of insurance corporation. Complainant had produced discharge voucher, salary claim sheet, details of amount of deduction from salary saving scheme in support of his claim but insurance company could not produce any document to rebut such claim as such complainant was entitled for payment of sum assured amount.
It was lastly, submitted by the counsel for the appellant that complaint case was bad due to misjoinder and nonjoinder of parties as head office of LIC, Mumbai was not made a party. However, this Commission finds that branch offices of LIC at Buxar, Sasaram & Patna were made parties which are arms and extension of the head office as such, the complaint case was not bad for nonjoinder or misjoinder of parties. The employer of the complainant who deducted the premium amount from the salary of complainant and deposited to LIC is not a necessary party as such the complaint case does not suffer from nonjoinder of necessary party.
Having heard counsels for the parties and on perusal of order as impugned in this appeal as well as materials available on records, this Commission does not find any error or infirmity in the order passed by the District Consumer Forum, Buxar.
Appeal is devoid of any merit and accordingly, dismissed.
(Ram Prawesh Das) (Sanjay Kumar,J)
Member President
Md. Fariduzzama
