DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, LUCKNOW

CASE No.633 of 2011

       Smt. Santosh Awasthi, aged about 46 yrs.,

       W/o Late Sri Suresh Kumar Awasthi ,

       R/o DSE/754, Sector G, Jankipuram,

       Lucknow.

                                                                    ……Complainant

Versus

                 1. Branch Manager,

                   LIC Branch, Lalbagh,

                     Lucknow.

                2. Divisional Manager,

                   LIC Jeevan Bhawan,

                   Hazratganj, Lucknow.

                 3. Regional Manager,

                   LIC Jeevan Bhawan,

                   Hazratganj, Lucknow.                 

                                                                               .......Opp. Parties

Present:-

Sri Vijai Varma, President.

Smt. Anju Awasthy, Member.

Sri Rajarshi Shukla, Member.

JUDGMENT

This complaint has been filed by the Complainant against the OPs for payment of assured amount of LIC policy, compensation of Rs.10,000.00 and cost of litigation.

          The case in brief of the Complainant is that her husband Sri Suresh Kumar Awashti had obtained a policy No. 213056174 for a sum of Rs.50,000.00 from OPs. Thereafter the husband of the Complainant was kidnapped and murdered and the dead body of her husband was found on 10.10.2008 by the police and thereafter the police lodged FIR and submitted charge sheet against the accused. After the incident the Complainant went to the office of the OPs and pressed claim of the policy. The officials of the OPs demanded certified copy

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of FIR and charge sheet which were provided by the Complainant to the officials of OPs. In spite of providing copy of FIR and charge sheet, the officials of OPs demanded suvidha shulk but the Complainant did not yield to the unlawful demand of the clerk of OPs. The officials of OPs caused unnecessary delay in settling the claim of the Complainant which is illegal and also a criminal breach of trust. Being a widow of deceased Sri Suresh Kumar Awasthi the Complainant is entitled to get the claim amount of policy of her husband. The OPs are irresponsible people and because of this act of the OPs, the Complainant is suffering from mental agony, hence this complaint.

          The OPs have filed their objection wherein it is mainly submitted that Sri Suresh Kumar Awasthi had taken policy No. 213056174 for a sum of Rs.50,000.00 after paying the annual premium of Rs.4,860.00. On 13.03.2009 the death policy claim was sanctioned and on 17.03.2009 the payment was made to Smt. Santosh Awasthi through cheque. There is no amount due to be paid to the Complainant as the payment of the death claim had already been made after furnishing of all the required documents, therefore this complaint is liable to be dismissed with costs.

          The Complainant has filed her affidavit and 5 annexures with the complaint. The OPs have filed the affidavit of Sri Ashok Kumar Khare, Law Administrative Officer, LIC and Sri R.J. Saroj, Law Administrative Officer and 6 annexures with the objections.

          Heard Counsel for the parties and perused the entire record.  

          Now, it is to be seen as to whether the claim was not paid to the Complainant by the OPs as per the policy and therefore they have committed deficiency in service or not, if so its consequences.

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          In this case, it is not disputed that the Complainant’s husband had taken a policy from the OPs for a sum of Rs.50,000.00 in the year 1999. According to the Complainant her husband was kidnapped and thereafter murdered and the dead body of the husband was found on 10.10.2008 by the Police. The Complainant pressed claim with the OPs and the officials of the OPs asked her to file charge sheet etc. which was provided by the Complainant to the OPs but the OPs did not make the payment of the claim amount of the policy. However, the OPs have taken a clear cut stand that the Complainant was paid the amount on 17.03.2009 through cheque No.74469 for a sum of Rs.67,450.00 which means that the claim has been paid with accrued benefits on the assured sum of Rs.50,000.00. An affidavit to this effect has also been filed by Sri A.K. Khare, Legal Administrative Officer, LIC who has stated that a sum of Rs.67,450.00 was paid to the Complainant on 17.03.2009 and that there was no amount remaining in balance to be paid to the Complainant. The Complainant has not countered the contention of the OPs made on oath that she has been paid a sum of Rs.67,450.00 through cheque. Therefore, there is no reason to disbelieve the version of the OPs that the assured amount with benefits has already been paid to the Complainant and therefore now there is no cause of action remaining and therefore this complaint deserves to be dismissed.

ORDER

          The complaint is dismissed.

The parties to bear their own costs.

(Rajarshi Shukla)             (Anju Awasthy)          (Vijai Varma)

       Member                         Member                         President

   Dated:    28 April, 2015