Tamil Nadu
South Chennai
CC/154/2022
J.chellappa - Complainant(s)
Versus
LIC of India - Opp.Party(s)
Rajagopal
07 Mar 2023
ORDER
Date of Complaint Filed : 23.02.2022
Date of Reservation : 22.02.2023
Date of Order : 07.03.2023
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,
CHENNAI (SOUTH), CHENNAI-3.
PRESENT: TMT. B. JIJAA, M.L., : PRESIDENT
THIRU. T.R. SIVAKUMHAR, B.A., B.L., : MEMBER I
THIRU. S. NANDAGOPALAN., B.Sc., MBA., : MEMBER II
CONSUMER COMPLAINT No.154 /2022
TUESDAY, THE 7th DAY OF MARCH 2023
J.Chellappa, B.A., B.L., DLAL,
Advocate,
E.No.858 of 1962
Father & PA holder of daughter,
Kavitha Leonard,
Dy.Chief Scientific Officer,
Tamil Nadu Pollution Control Board,
No.1, 9th Trust Cross Street,
R.A Puram, Chennai – 600 028.
4. The Complainant submitted his Proof Affidavit and Written Arguments. On the side of the Complainant, documents marked as Ex.A-1 to Ex.A-8. The Opposite Party submitted its Proof Affidavit and Written Arguments. On the side of Opposite Party documents were marked as Ex.B-1 to Ex.B-4.
Points for Consideration:-
1. Whether there is deficiency in service on the part of the Opposite Party?
2. Whether the Complainant is entitled for reliefs claimed?
3. To what other reliefs the Complainant is entitled to?
Point No.1:
It is an undisputed fact that the Complainant had availed LIC New Bima Gold Policy from the Opposite Party bearing No.705053914 dated 22.01.2010 for a sum assured of Rs.10 Lakhs and half yearly premium of Rs.20,733/- is payable towards the said policy and she is entitled for survival benefit of Rs.1 Lakh every fourth year from the date of commence of the policy till 16th year of the said policy. It is also not in dispute that the survival benefit for the 4th and 8th year was paid on 22.01.2014 and on 22.01.2018, respectively.
The disputed facts of the Complainant are that the 12th year survival benefit of Rs.1 Lakh was informed to be credited on 22.01.2022 by the Opposite Party, whereas the same was credited only on 24.01.2022, which is after 2 days of the committed date. Further contended that believing the said amount would be credited to her account on 22.01.2022 though it was a Saturday, she had planned and invited her relatives and friends for a get together on the occasion of her wedding anniversary and as the amount was not credited to her account, she was not able to withdraw from ATM and for want of funds she had cancelled her celebration and informed the invitees with a sorry figure and with unbearable embarrassment. The lethargic and inaction on the part of the Opposite Party in remitting her survival benefit on the agreed date, i.e., on 22.01.2022 and remitting the same on 24.01.2022 is a clear deficiency of service, which caused her mental agony, misery and hardship. The Complainant further contended that the Opposite Party had collected the annuity amount of Rs.149/- in respect of other policy on the due dates though it fell on a holiday and in respect of the subject policy the half yearly premium paid for the month of July, 2021 the Opposite party had collected late fees of Rs.466.50p.
The Contentions of the Opposite Party are that as the remittance date of survival benefit is on 22.01.2022, as admitted by the Complainant that it was a Saturday, the amount has been processed and remitted on the immediate date, i.e, on 24.01.2022 and further 22.01.2022 being fourth Saturday and 23.01.2022 being fourth Sunday, which were bank holidays. Further contended that the annuity amount of Rs.149/- alleged in the complaint to have been collected on 01.02.2022, fell on a Tuesday /bank working day the same was collected, hence projecting the same was collected on a holiday was misleading and untenable. Further contended that they levied a late fees as alleged in the complaint since the half yearly premium of the subject policy was paid after the grace period of 30 days. Further contended that in support of the remittance made on 24.01.2022 being the immediate working date after the due date of remittance, ie., 22.01.2022, Section 10 of General Clauses Act, 1897 defining Computation of Time was highlighted.
On discussions made above and on perusal of records, it is clear that the 12th year survival benefit of Rs.1 Lakh was credited to the account of Complainant’s daughter, on 24.01.2022 instead of 22.01.2022, being the actual date for the remittance to be made by the Opposite Party, which is 2 days after the committed date. It is to noted that as the remittance date of survival benefit is on 22.01.2022, which fell on a Saturday as admitted by the Complainant, and the contention of the Opposite Party that 22.01.2022 being fourth Saturday and 23.01.2022 being fourth Sunday, which were bank holidays, the amount has been processed and remitted on the immediate date, i.e, on 24.01.2022.
Further the other disputes raised by the Complainant with regard to the credit of annuity amount made in his account as if the same was done a holiday, though the Opposite Party had placed material evidence to defeat the said contention, the same could not dealt with this complaint as it arises out of another policy which gives separate cause of action.
Further the late fees of Rs.466.50p levied on the half yearly premium for the month of July, 2021 in respect of the subject policy, by the Opposite Party, the contentions of the Opposite Party that the said late fees was levied since the premium was paid after the grace period of 30 days from the actual due date, is acceptable.
In support of the said contention the Opposite Party had relied upon the Section 10 of General Clauses Act, 1897 on Computation of Time, which is reproduced as follows, “ Section.10 : Computation of Time : (1) where, by any Central Act or Regulation made after the commencement of this Act, any act or proceedings is directed or allowed to be done or taken in any court or office on a certain day or within a prescribed period, then, if the court or office is closed on that day or the last day of the prescribed period, the act or proceeding shall be considered as done or taken in due time if it is done or taken on the next day afterwards on which the Court or office is open. Provided that nothing in this section shall apply to any act or proceeding to which the Indian Limitation Act, 1877, applies.”
Hence from the above definition it is clear that the act of the Opposite Party in not remitting the survival benefit of the Complainant’s daughter on the prescribed date, i.e., on 22.01.2022, as admitted by the Complainant that 22.01.2022 was a Saturday and the said day being a bank holiday as 4th Saturday, the Opposite Party having remitted on 24.01.2022 which is proved to be the next working day done by the Opposite Party, when the bank was opened. Even the Opposite Party had responded to Ex.A-7 Legal notice dated 24.01.2022 sent through mail, had clearly explained the reason for the non-remittance on 22.01.2022 as found in Ex.A-8 reply mail dated 01.02.2022, wherein it has been mentioned that “ We are sorry to inform you that we have paid the Survival benefit well in advance i.e., 9th December 2021 and due date is 22.01.2022. On behalf of bank holidays we are not able to give the credit on 22.01.2022 and it was credited on 24.01.2022”. Therefore, this Commission is of the considered view that there is no deficiency of service on the part of the Opposite Party and they cannot be held for the embarrassment, mental agony and hardship sustained by the Complainant’s daughter. Accordingly Point No.1 is answered.
Point Nos.2 and 3:-
As discussed and decided Point No.1 against the Complainant, the Complainant is not entitled for the reliefs claimed in the complaint and hence the Complainant is not entitled for any other relief/s. Accordingly Point Nos.2 and 3 are answered.
In the result, the complaint is dismissed. No costs.
Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 7th of march 2023.
S. NANDAGOPALAN T.R. SIVAKUMHAR B.JIJAA
MEMBER II MEMBER I PRESIDENT
List of documents filed on the side of the Complainant:-
Ex.A1 | 05.10.2020 | General power of Attorney by Kavitha Leonard in favour of her father J.Chellapa |
Ex.A2 | 22.01.2010 | LIC Bima Gold – Policy No:705053914 for Rs.10 lakhs – Quarterly interest Rs.20,733. Survival benefit amount of Rs.1 lakh payable on completion of every 4th year commencing from 2014. |
Ex.A3 | 22.01.2021 | From LIC informing survival benefit amount of Rs.1 Lakh payable on 22.01.2022 but received only on 24.01.2022. |
Ex.A4 | 27.01.1997 | Holy Matrimony – Leonard weds Kavitha |
Ex.A5 | 11.08.2021 | LIC Premium receipt/ for payment of quarterly premium Rs.20,733 – late fee charged Rs.466.50 |
Ex.A6 | 22.01.2022 | E-mail from Kavitha Leonard to Branch Manager LIC, Chennai – 600 004. |
Ex.A7 | 22.01.2022 | Legal notice from Counsel J.Chellappa by E-mail |
Ex.A8 | 01.02.2022 | E-mail received from LIC giving lame excuse for not crediting Rs.1 Lakh on 22.01.2022 but credited only on 24.01.2022 |
List of documents filed on the side of the Opposite Parties:-
Ex.B1 | 09.12.2021 | Claim payment voucher for Policy No.705053914 |
Ex.B2 | - | The payment status of 3rd survival benefit for Policy No.705053914 |
Ex.B3 | - | The status report for Policy No.705053914 |
Ex.B4 | - | The Annuity Payment details for policy No.711564568 taken in the name of chellappa |
S. NANDAGOPALAN T.R. SIVAKUMHAR B.JIJAA
MEMBER II MEMBER I PRESIDENT
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