This case of the complainant is that he has started a LIC’s Market Plus Policy No. 497912962 of 30.12.2009 at LIC Office of Arambagh Branch through the agent Shri Sukumar Pal on cash payment of Rs. 10000/- and Shri Sukumar Pal told him that the receipt of the cash payment is lying with him as because he will receive the Original Policy from the LIC Office by showing the receipt and on good faith he was agreed and subsequently delivered the said original Policy when he received it from the LIC Office after about two months and the nature or mode of payment of premium of the said Market plus policy is “Single” and after 3 or 4 years when the complainant went to LIC Office to enquire about the Market value policy he came to know that policy has been shown cancelled and he told his agent to give him receipt of cash payment of Rs. 10000/- then the agent told him that as he has received the Original LIC Policy, the receipt is not necessary and then the complainant met the Branch Manager and the Branch Manager told him that policy has been cancelled as he have not paid any amount for that policy.

The complainant also states that it is very surprise to note that the policy has been started on 30.12.2009 and it was delivered after  a few months, then how that policy may be cancelled on that day and further how that policy may be issued with the signature of the Branch Manager without taking the premium amount of Rs. 10000/-.

Complainant filed the complaint petition praying direction upon the opposite party to pay sum of Rs. 100000/- which includes of his cash payment of Rs. 10000/- with market Value and the rest is compensation for harassment, litigation cost and tortured both mentally and physically.

The opposite party No.1 contested the case by filing written version denying inter-alia all the material allegations as leveled against him.  This opposite party submits that the policy No. 497912962 was issued on the basis of payment through cheque no. 710341 dt. 30.12.2009 of SBI Arambagh Branch vide LIC transaction ID no. 312801 and the said transaction had been cancelled instantly as some error detected by the complainant and as a result the policy no. 497912962 had also been cancelled and the said fact was intimated to the complainant by letter dt. 14.3.2015 and on 30.12.2009 on the basis of the said cheque being no. 710341 dt. 30.12.2009 a new policy was issued being policy no.497912967 under transaction no.313026 against cancellation of the said policy being no. 497912762 and the aforesaid fact is clear from the cancelled transaction register dt.30.12.2009, Branch Officer Collection (BOC) Enquiry and the Status Report of policy no. 497912962 but, through inadvertence mistake the cancelled policy bond being no. 497912962 was printed and issued to the policy holder, complainant herein and no payment had been received from the present complainant in regard to the aforesaid cancelled policy being no. 497912962 and no cash payment was received for effecting policy no. 497912962 which was cancelled instantly and only cheque no. 710341 dt. 30.12.2009 was received.

The opposite party No.2 contested the case by filing written version denying inter-alia all the material allegations as leveled against him.  This opposite party submits that the complainant already got relief from Lok Adalat held at Arambagh Court. The answering opposite party no way received money from the complainant. The Policy issued by the opposite party no. 1 in respect of Cheque being no. 710341 already cancelled on consent of the complainant and subsequently opposite party no. 1 issued new policy being no.497912997 of same amount on the basis of previous cheque. So, the bank account of the complainant is required to be produced before this Forum. He also stated that the policy no. 497912962 has been cancelled on consent of the complainant and new policy has been issued by the same cheque being no. 710341 by the opposite party no. 1. So, no deficiency of service offered by the opposite party towards the complainant.

            The complainant files reply in affidavit and averred that the policy being no. 497912962 cannot be cancelled instantly as stated by opposite party no.1 and original policy lying in the custody of the complainant. And another policy was started on cash payment of Rs. 10,000/- through the agent Sukumar Pal i.e. opposite party no. 2. The proposals of two policies are quiet different in nature. He also stated that the cash amount of Rs. 10,000/- paid to opposite party no. 2 agent but he vanished that and soon that fresh policy no. 497912967 has been issued by cancelling policy no. 497912962 with a bad motive without the knowledge/ consent of the complainant. He also denied the stand taken by the opposite party that inadvertence mistake the cancelled policy bond being no. 497912962 was printed and issued to the policy holder. The said policy no. 497912962 issued on 30.12.2009 can never be cancelled on the same date and another policy no.497912997 issued by cancelling policy no. 497912962 on the same life with the strength the same cheque. He also stated that original two mentioned policies delivered by the opposite party no. 2, agent. The complainant totally denied the averments of the opposite party in the written version.

 After perusing the case record it appears that the complainant being the policyholder of opposite party filed the instant complaint petition before this Forum praying directions upon the opposite party as incorporated in the prayer portion of the complaint petition. It is undisputed that the complainant being the consumer of the opposite party filed the complaint petition within the jurisdiction of this Forum so he may seek relief against the opposite party insurance company. It is crystal clear that the complainant purchased a policy by paying a cheque and he received two policy bonds from the opposite party. It is the case of the complainant that he subsequently paid a sum of Rs.10,000/- in cash towards the second policy by the opposite party No.2. But the dispute cropped up when the opposite party denied to pay the matured proceed to the complaint rather they averred that by cancelling the first policy being no. 497912962 the opposite party issued second policy being No. 497912997 by realization of same cheque being no.710341 dt. 30.12.2009 of SBI Arambagh Branch. But the complainant failed to produce money receipt in respect of payment Rs.10,000/- for purchasing the second policy being No.497912997.

The complainant by filing the original policy being no.497912962 demanded that he paid cash amount of Rs.10,000/- to the opposite party no.2 and it is transparent that he paid the cheque of Rs.10,000/- of SBI being no.710341 to purchase a policy then he is fully aware that he paid Rs.10,000/- in two policies one in cash and other in cheque. But in the said complaint petition he alleged that the opposite party company cancelled that market plus policy being no.497912962 without his consent and issued another policy being no.497912997 but in the said complaint petition he alleged that the opposite party company purchased another policy being no.497912997 without his consent.

       It appears from the letter dated 14.03.2015 of the opposite party No.1 that the opposite party informed the complainant that according to case file no.519/2014 dt.15.12.2014 at Hon’ble Lok Adalat, Arambagh court and order issued there on 19.02.2015 the policy status of policy no.497912962 issued on 30.12.2009 in the name of Krishna Prasad Ghosh with single premium Rs.10,000/- by depositing cheque no.710341 dated 30.12.2009 of SBI, Arambagh Br. The policy no cancelled on same date and reissued a fresh policy no.497912997 on the same life with the strength of same cheque no710341 dt. 30.12.2009 of Rs.10,000/- depositing at our cash counter on 30.12.2009. For policy no.497912997 you had applied for surrender and already surrendered in your favour. The Hon’ble Lokadalat Arambagh, Hooghly vide its order dt. 19.2.2015 find that “the LIC Authority is able to clarify that on the same date another policy of same value was opened issuing same cheque. On the same day the first policy was closed/ cancelled. In that circumstances the reliefs sought cannot be granted but LIC Authority is directed to supply cancellation papers along with detail of transaction dt. 30.9.2009 in connection with 710341 of the earliest opportunity. Accordingly the matter is decided.

            The status report of policy being no.497912962 clearly speaks that plan no.-191, term no.-10, installment premium is Rs.10,000/- and the status is cancelled and there is no payment history in respect of that policy. But by producing the said policy the complainant assailed that he is entitled to get the maturity proceed of the impugned policy. The complainant lodged another complaint before the Arambagh court alleging the same against the opposite party insurance company and the dispute has been decided by Judge, Lok Adalat, Arambagh, Hooghly with a direction that relief sought for cannot be granted subject to making direction upon the opposite party insurance company to supply the cancellation papers along with detail of transaction dated 30.12.2009 in connection with cheque No.710341 at the earliest opportunity.

            Upon hearing both sides and perusing the case record and documents this Forum is in the opinion that the complainant failed to establish that he purchased the second policy by paying the cash amount of Rs.10000/-through the opposite party No.2 agent by procuring the payment receipt. On the contrary the opposite party no.1 by adducing sufficient documents proved that the cheque issued by the complainant is used to purchase second policy being no. 497912997 after cancelling the first policy being no. 497912962 and there is no question to receive cash amount of Rs.10,000/- from this complainant. As such the complaint petition filed by the complainant has no leg to stand and deserved to be dismissed.   

ORDER

       Hence, ordered that the complaint case being No.24/2018 be and the same is dismissed on contest against the opposite party, with no order as to cost. 

       The Opposite Parties are exonerated from their liability.

       Let a plain copy of this order be supplied free of cost to the parties/their Ld. Advocates/Agents on record by hand under proper acknowledgement/ sent by ordinary post for information & necessary action.

  Dictated and corrected by me