ORDER

 Rekha Rani, President

1.       Mr. Sunil Sardana  (in short the complaint) has filed the instant complainant under section 12 of the Consumer Protection Act as amended (in short the Act) inter alia pleading therein as follows :

He purchased an Insurance Policy from Life Insurance Corporation of India (in short the OP) vide Policy No. 125362542  on 18/09/2009.   He paid Rs. 8623/- as premium by cheque and Rs. 8808/- in cash.   He was shocked to receive a letter dated 20/10/2011 from the OP stating therein that OP has not received the amount of Rs. 8623/-.  The complainant visited the OP’s office and showed his bank statement that no cheque was dishonoured from his bank account.  

             But OP did not agree to reinstate the policy and insisted that premium of Rs. 8623/- be deposited again.  Complainant has prayed for reinstatement of the Policy

in question with all benefits and Rs. 20,000/- for deficiency in service, further       Rs. 20,000/- for causing mental pain and agony and Rs. 20,000/- as cost of litigation. 

2. On receipt notice OP filed its written statement.  It is alleged that complainant has concealed material facts.  It is stated that complainant purchased a policy named Jeewan Anand in September 2009 qua which annual premium of Rs. 17,431/- was payable annually.    It is stated that the complainant paid Rs. 8808/- in cash and issued a cheque bearing no. 4877 for Rs. 8623/-.  Further it is stated that OP received a memo from Axis Bank regarding dishonor of cheque no 4877/- which was deposited by the complainant as part of initial premium.  OP informed the complainant about the said fact vide their letter dated 20.10.2011 and he was requested to furnish a bank certificate to the effect that amount of Rs. 8623/- had been debited from his account and in case the said cheque amount had not been debited from his account he was requested to deposit the said amount with OP within 15 days of receipt of the letter either by way of cash or DD so that subject policy could continue.  It is further stated that despite receipt of the said letter complainant did not deposit the said amount culminating in lapse of the policy which cannot be renewed on account of non payment of outstanding premium.

4.       Parties adduced evidence by way of their affidavits.

5.       We have heard Ms. Kriti Learned Counsel for the complainant.  None appeared for the OP.  We have perused the written arguments.

6.       It is settled law that onus to prove a particular fact is on the person who alleges it.  Complainant has admitted in para 5 of the complaint as well as of his affidavit that he had received a letter of the OP on 20.10.2011 regarding non receipt of amount of Rs. 8623/- from him.

7.       Copy of letter dated 20.10.2011 is placed on record vide which OP clearly informed the complainant that his cheque no. 4877 for Rs. 8623/- drawn on SBI Azadpur had not been credited to OP’s account. Complainant was called upon to furnish Bank’s Certificate of proof of debit of the said amount from his account and on failure to do so he was called upon to deposit the same within 15 days at cash counter of OP by cash or by DD to continue the subject policy.  It was also made clear to the complainant that since the cheque had been dishonoured OP would cancel the transaction in case amount of Rs. 8623/- was not deposited with the OP. 

8.       Till date the complainant has not placed on record his pass book or bank statement to prove that amount of Rs. 8623/- was debited from his account on clearance of cheque no. 4877.  He failed to respond to the letter of the OP dated 20/10/2011.  He did not show any proof that amount of Rs. 8623/- was debited from his account nor he deposited the same with the OP despite opportunity given to him. 9.        Further the complaint is also filed quite belatedly.   Cause of action arose on 20.10.2011 when Complainant was intimated that his cheque amount of Rs. 8623/- was not received by the OP.  The instant complaint was filed on 12/11/2014. Complainant has not explained the delay in coming to this Forum for redressal of  his alleged grievances.  The complaint is accordingly dismissed.  File be consigned to record room.

Announced on this 15th day of December, 2017