Haryana

Bhiwani

CC/30/2018

Smt.PArvin - Complainant(s)

Versus

LIC - Opp.Party(s)

Rajesh Nagar

30 Jan 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

 

                                                                  Consumer Complaint No. : 30 of 2018

                                                      Date of Institution             : 20.02.2018

                                                                  Date of order                     : 30.01.2024

 

Smt. Parveen Kumari wife of Sh. Fateh Chand Dehdan, R/o Lambi Gali, Naya Bazar, Near Church, Bhiwani, Tehsil and District Bhiwani.

  

             ……Complainant.

 

Versus

 

1.         Life Insurance Corporation of India, Divisional Office Karnal through its Divisional Manager.

 

2.         Life Insurance Corporation of India, Bays No.71-72, Sector-2, Panchkula through its Branch Manager.

 

3.         Life Insurance Corporation of India, Bhiwani through its Branch Manager.

 

…… Opposite Parties.

 

COMPLAINT U/S 12 OF CONSUMER PROECTION ACT, 1986.

 

BEFORE:          Hon’ble Mrs. Saroj Bala Bohra, Presiding Member.

  Hon’ble Ms. Shashi Kiran Panwar, Member.

 

Present:-          Sh. Rajesh Nagar and Sh. Fateh Chand Nagar, Advocates for     

 complainant.

             Sh. N.S.Vijayrani, Advocate for OPs.

 

ORDER:

 

Saroj Bala Bohra, Presiding Member.

 

1.                     Brief facts of this case are that complainant purchased a money back policy bearing No.171507228 on 29.11.1997 for a term of 20 years and the same was to mature on 28.09.2017 and last premium for this policy was made on 28.06.2017. Complainant has alleged that as per policy terms & conditions, money back was payable on completion of every five year of policy and thus an amount of Rs.10,000/- in the year 2002, 2007 and 2013.  As per complainant, she received Rs.10,000/- in the year 2002.  But the amounts of Rs.10,000/-  vide cheque No.3205800 dated 28.09.2017 and Rs.10,000/- vide cheque no.00822556 dated 14.03.2013, allegedly paid by OP No.3 have been denied by complainant.  So, complainant made a representation dated 16.09.2017 to OP No.2 with regard to the above-said cheques and their encashment. Upon which, OP No.3, telephonically told that the alleged cheques were lying in their office. Legal notice dated 06.12.2017 was sent to the OPs. OP No.2 replied on 03.01.2018 that cheque no.03205800 dated 28.09.2007 of Rs.10,000/- was encashed on 01.10.2007, however, such encashment has been denied by complainant. OP No.2 further replied that cheque no.0082556 dated 14.03.2013 of Rs.10,000/- was lying pending with them due to technical error. As such, complainant has submitted that  due to act & conduct of OPs, he has suffered monetary loss as well as mental agony and physical harassment. Hence, the present complaint has been preferred seeking directions to the OPs to pay Rs.20,000/- alongwith interest @ 18% per annum or as per ratio of penalty imposed by the LIC on delayed payment from the date of accrual till its actual payment. Also to pay Rs.5.00 lacs as compensation for harassment. Any other relief which this Commission deems fit has also been sought.

2.                     OP appeared through counsel and filed written statement raising preliminary objections qua concealment of true facts and complaint being time barred. On merits, it is admitted that the alleged policy on the life of complainant with DOC 28.09.1997 under Plan No.75-20-20 was issued for a sum assured Rs.50,000/-.  Further, the OP paid survival benefit due for the years 2002 and 2007 to the life assured through cheque no.0608720 dated 28.09.2002 and no.03205800 dated 28.09.2007. It is also admitted that complainant had made request for transfer of his policy from Panchkula to Bhiwani. It is submitted that cheque no.03205800 dated 28.09.2007 for Rs.10,000/- was encahsed on 01.10.2007 by the complainant. Due to transfer of policy from Panchkula to Bhiwani Branch SB payment for the year 2012 went in technical error.  Cheque No.0082556 dated 14.03.2013 of Rs.10,000/- is lying pending with the OPs and payment thereof shall be released shortly alongwith interest. In the end, prayer has been made for dismissal of complaint with costs.

3.                     In evidence of complainant, affidavit of complainant Ex. CW1/A alongwith documents Annexure C-1 to Annexure C-6 have been filed and closed the evidence.

4.                     On the other hand, documents Annexure R-1 to Annexure R-4 have been filed and closed the evidence.

5.                     We have heard learned counsel for the parties and perused the record minutely.

6.                     During the course of arguments, learned counsel for complainant has made a statement that he has received a cheque bearing no.383721 dated 03.01.2024 amounting to Rs.13,926/- subject to final decision of this case.

7.                     After hearing learned counsel for the parties and going through the record, it is observed that the money back due to the complainant in the year 2012/13 could not be sent to the complainant due to the negligence of OP department and this fact has been admitted in their pleadings. To fulfill this lapse, they have paid aforesaid amount of Rs.13,926/- to the complainant during proceedings of this case on 03.01.2024. As per photocopy of cheque dated 28.09.2007 for an amount of Rs.10,000/- (Annexure R-2) has been encahsed on 01.10.2007.  Complainant has not been able to prove on record that some more amount is due towards the OPs as alleged in his pleadings. Thus this contention of complainant side is declined.

8.                     In totality of the facts and circumstances of this case, we are of considered view that admittedly there was negligence and deficiency in service on the part of OPs for which complainant has to suffer monetary loss as well as mental and physical harassment.  Thus the complainant is entitled to get compensation for harassment as well as litigation expenses so incurred by her on this unwanted litigation. As such, the complaint is partly allowed and OPs, jointly and severally, are directed to comply with the following directions within 40 days from the date of order:-  

(ii)       To pay Rs.2500/- (Rs. Two thousand five hundred) as compensation on account of harassment. 

3. To pay Rs.3000/- (Rs. Three thousand) as litigation expenses.

                        In case of default, the Ops shall liable to pay simple interest @ 9% per annum on the aforesaid amounts for the period of default. If this order is not complied with, then the complainant shall be entitled to the execution petition under section 71 of Consumer Protection Act, 2019 and in that eventuality, the opposite party may also be liable for prosecution under Section 72 of the said Act which envisages punishment of imprisonment, which may extend to three years or fine upto rupees one lac or with both.  Certified copies of the order be sent to parties, free of costs, as per rules. File be consigned to the record room, after due compliance.

Announced.

Dated:30.01.2024.