BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
CACHAR :: SILCHAR
Con. Case No. 2 of 2015
Sri. Sanjit Dey, {For self & on behalf of 32 Policy holder}
Sangathi Path, National High Way, Silchar-12
P.S- Silchar, Dist- Cachar, Assam. Complainant.
-V/S-
1. The Life Insurance Corporation of India (L.I.C.I),
Respresented by its Chief Manager
Silchar Division, Silchar, Meherpur, Cachar, Assam. O.P No.1.
2. The Branch Manager, Micro Insurance Department.
Silchar Divisional Office, Silchar-15 O.P No.2.
3. The Nabarun Sangha, Represented by its President.
Durganagar Part-IV, P.O. Udharbond, P.S. Udharbond,
A Corporate Agent of L.I.C.I. Vide Agent Code No.- 83006R049,
P.O- Udharbond, Cachar, Assam. O.P.No.3.
4. Sri Kishore Bhattacharjee
Durganagar Part-IV
P.O- Udharbond. Dist- Cachar O.P.No.4
Present: - Sri Bishnu Debnath, President,
District Consumer Forum,
Cachar, Silchar.
Shri Kamal Kumar Sarda, Member,
District Consumer Forum,
Cachar, Silchar.
Appeared: - Mr. Ansarul Hoque, Advocate for the complainant.
Mr. Prasenjit Deb, Advocate for the O.P.No.1
Mr. Jagodish Barbhuiya, Advocate for the O.P.No.3
Mr. Shekhar Das, Advocate for the O.P.No. 4
Date of Evidence 21-11-2014, 07-07-2017
Date of written argument 08-08-2018, 28-08-2018
Date of oral argument 27-09-2018
Date of judgment 05-10-2018
JUDGMENT AND ORDER
Sri Bishnu Debnath,
- This complaint is brought under the provision of Consumer Protection Act 1986 by complainant Sanjit Dey for himself and 32 (Thirty Two) others against the Life Insurance Corporation, Silchar Division No.1 and 3 (Three) others for award of matured value of sum insured and compensation for deficiency of service.
- Brief facts:-
The complainant and 32 others mentioned in the schedule attached to the complainant purchased Micro Insurance Policies in various dates through authorized agent of the Life Insurance Corporation of India. The authorized agent used to collect the premium from the complainant and others and issue receipt. But all on a sudden the authorized agent stopped to collect the premium with effect from 30-04-2013. Subsequently, the complainant on behalf of all himself and 32 others Micro Policy holder approached to the Life Insurance Corporation, SilcharDivision No.1 and got information that due to non-collection of the premium all those policies have been lapsed. Hence, the instant complaint brought for reliefs.
- The Life Insurance Corporation of India and in its Branch Manager of Silchar Division in their joint W/S stated inter-alia that their authorized agent was Nabarun Sangha and accordingly issued premium acknowledgement card to that agent for distribution to the bonafide policy holder for collection of Micro Insurance premium under the agency. The said authorized agent empowered 4 (Four) persons including Kishore Bhattacharjee to collect premium. The aforesaid O.Ps also stated that Micro Insurance Agent software also provide to the Micro Insurance Agent, where the status of the policies procured by the agent could be verified and on verification. It is revealed that premium were not deposited. Hence, as per the O.P. they are not liable to pay compensation. Corporation of India has refused to make payment of maturity benefits.
- Of course the O.P. No.1 & 2 in the W/S stated inter alia that the Policies mentioned in this case are still in force and policy holders can deposit their balance premium in usual process or directly to the O.P.LICI or surrender if it has completed 3 (three) years.
- The O.P No.3 the Navarun Sangha represented by its President in his W/S stated inter-alia that keeping in dark the present and other executive member of the Club Sri Kishore Bhattacharjeet taking advantage of his post as Secretary of that club entered into an agreement with Life Insurance Corporation of India for work as Micro Insurance Agent and as such the Navarun Sangha expelled Sri Bhattacharjee from the club for which the club is not liable to pay any compensation for illegal acts of Sri Bhattacharjee. Kishore Bhattacharjee being O.P No.4 in his W/S denied all the allegation leveled against him.
- During hearing the complainant submitted deposition and exhibited many insurance policies and other papers. The O.P No.1 and 2 also submitted deposition of Sri Dibyendu Das. The O.P No.3 Sri Nirmal Kanti Roy submitted deposition and exhibited many documents to establish the fact that Sri Kishore Bhattacharjee has been expelled from the club membership due to his illegal activities regarding Micro Insurance Policies. The O.P No.3 also submitted deposition of Sri Ajoy Deb Mazumder. The O.P.No.3 further submitted deposited of Mrinal Kanti Bhattacharjee O.P.No.4 did not submit his deposition.
- After closing evidence the Complainant’s Advocate submitted written argument. Similarly the Ld. Advocate of O.P.No.1 & 2 submitted written argument. The O.P.No.3 also submitted written argument but O.P.No.4 did not file any written argument. I have perused the evidence on record and perused written argument. None has orally argued the case except the Ld. Advocate of the Complainant and Ld. Advocate of O.P.No.3.
- In this case it is admitted fact between Complainant and O.P.No.1 & 2 in view of W/S and deposition of the Sri. Dibyendu Das that O.P.No. 3 is authorized Agent of the O.P.No.1 & 2 for selling Micro Insurance Product and O.P.No.4 being the secretary of the O.P.No.3 was approved person to collect the monthly premium of Micro Insurance Policies vide Ext.XVII appointment letter. But Plea of the O.P.No.1 & 2 that the O.P.No.4 stopped to collect the premium.
- As the O.P.No.1 & 2 admitted that the authorized agent stopped to collect the premium from Policy holder, so, it is duty and responsibility of the O.P.No.1 & 2 to make alternative arrangement for collection of premium prior to keep the policies in lapsed condition. But from the evidence on record I do not find any convincing material to conclude that the O.P.No.1 & 2 took endeavor to collect the outstanding premium from the Policies holder.
- It is to be mention here that the Complainant and other 32 number of Policy holder purchased the Micro Life Insurance Policy of the O.P.No.1 & 2 through the Authorized Agent and as per term & condition of the Micro Insurance Regulation the agent is authorized to collect the premium from the Policy holder. It is also established fact in view of exhibited premium collection cards that the O.P.No.4 collected premium for some period but suddenly stopped collection for the reason best known to him.
- In this case the O.P.No.3 by adducing evidence tried to convince this District Forum that Nabarun Sangha never entered into agreement with O.P.No.1 & 2 to act as Agent to collect premium or sell the Micro Insurance Policies to the Complainant & others, rather the O.P.No.4 by using the banner of the O.P.No.3 illegally enter in to agreement to act as Agent and committed illegal activities, so they are denying the Ext. XVII. Accordingly, by adducing oral evidence of Nirmal Kanti Roy, and 2 (two) others tried to established the fact that Kishore Bhattacharjee was expelled from the club. Anyhow, the O.P.No.1 & 2 stated inter alia that O.P.No.3 was the authorized Agent as per official record. But no copy of agreement and copy of Resolution of the O.P.No.3 produced to establish the fact the O.P.No.3 agreed to act as Agent of the O.P.No.1 & 2 for selling Micro Insurance Policies and to collect monthly premium from the Policies holder. As such Ext.XX, the Deed of Agreement is not conclusive proof of the fact that O.P. No. 3 is Authorized Agent.
- That is why, in this case it is concluded that the O.P.No. 4 acted to collect premium of Micro Insurance Policies from the Policy holder without approval of the O.P.No.3. Hence, O.P.No.3 is not at all liable for payment of any compensation for disservice caused by O.P.No.4 to the Policy holders.
- Thus, in this case I find disservice of both the Life Insurance Corporation of India and O.P.No.4. Hence, the O.P.No.1 & 2 are directed to accept the outstanding premium in view of Premium payment cards of each holder from the Complainant and 32 others of this case without imposing any interest and make payment of maturity amount with further interest, if any. However, if any of the Policy holder is desire to stop payment of further outstanding premium, make payment of their surrendered value on the basis of premium payment Card. The O.Ps No.1,2 & 4 both jointly and severally to make payment of cost of this proceeding of Rs.10,000/- (Rupees Ten Thousands) only and compensation for disservice as well as compensation for mental agony together with Rs.500/- (Five Hundred) only to each of the policy holders in this case. With the above, the O.P.No.1,2 & 4 are directed to make payment within 45 days from today and in default interest at the rate of 10% per annum to be added with effect from the date of defaulter. Further the Complainant and 32 others of this case are asked to approach the O.P.No.1 & 2 for regularization of their Insurance policy within 30 days from today.
- With the above this case is disposed of on contest. Supply free certified copy of Judgment to the parties of this litigation. Given under mu hand and seal of this District Forum on this the 5th day of October, 2018.
