DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016
Case No.248/2015
Sh. Parladh Kumar Ahuja (Senior Citizen
R/o 31/986 DDA Flats, 67 years old)
Dr. Ambedkar Nagar, Sector-3,
New Delhi-110062 ….Complainant
Versus
1. The Branch Manager
Life Insurance of India,
K-59, Lajpat Nagar-II
New Delhi-110024
2. The Chief Manager
Life Insurance of India,
11-E, Kamla Nagar
Delhi
3. S.D.M./D.M.9/C
Life Insurance of India,
Scope Minar, North Tower
9th Floor, Laxmi Nagar District Centre
New Delhi-110092 ….Opposite Parties
Date of Institution : 16.09.15 Date of Order : 19.01.18
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
ORDER
Briefly stated, the case of the complainant is that the complainant opted for “LIC’s Bima Bachat” with single premium money back plan of OPs and the complainant availed 9 years term policy; that in the month of December, 2013, the complainant handed over two cheques bearing No.142538 of Rs.15417/- drawn on Canara Bank, Malviya Nagar, New Delhi from his wife’s account and another cheque bearing No.96951 of Rs.24,081/-drawn on Punjab National Bank from his account to the agent of OPs for two policies. The complainant visited the OP No.1 to collect both the policy bonds but, however, the complainant received policy bond of his wife only despite that both the cheques were encashed by the OPs. It is stated that the complainant sent various complaints as detailed in the complaint to the OPs and also to IRDA and also filed an application under the RTI Act but to no effect.
It is stated that the complainant had also submitted a certificate dated 15.07.15 with the OPs issued by Punjab National Bank wherein it was clearly stated that the cheque bearing No.96951 was encashed by the OPs but no action was taken by the OPs. The complainant sent a notice dated 29.06.15 to the OP No.3 and also made an RTI application dated 06.08.15 to the Manager MCRM/CPIO of OPs but of no consequences. Hence, pleading deficiency in service and unfair trade practice on the part of the OPs, the complainant has filed the present complaint for issuing the following directions to the OPs:
(i) To issue the LIC Bond No.126965900 of Rs.24081/- to the complainant alongwith interest @ 9% per annum;
(ii) To pay a sum of Rs.1,00,000/- for harassment, mental agony etc. to the complainant being a senior citizen;
(iii) To pay a sum of Rs.8,000/- towards the expenses incurred by the complainant for visiting the officials of Life Insurance Corporation and sending various letters for realizing the LIC Bond of the complainant;
(iv) Direct the OPs to pay the cost of the legal expenses incurred by the complainant.
OPs in their reply have stated that the complainant approached the OPs for issuance of LIC’s Bima Bachat Policy for himself. It is submitted that the complainant further issued a cheque for a sum of Rs.24,081/- towards payment under the said policy. It is further submitted that due to wrong cheque dishonour action taken by the OPs, the policy stood cancelled and OPs are in the process of rectifying the mistake committed by its Branch Office and the same will be done shortly. It is submitted that the complainant is not entitled for any relief and hence the complaint may be dismissed with cost.
Complainant has filed a rejoinder. It is stated as under:-
“26 … it is admitted by the Opposite Parties that there was a deficiency in service and wrong action taken by the Opposite Parties for no fault of the Complainant. However, despite his best efforts no heed was given to the Complainant and the Complainant has already wasted a lot of his valuable time, money and energy to voice his concern and other related issues. That such action/inaction of the Opposite Party (ies) has caused lot of harassment to the Complainant which on part of the Opposite Parties is not only against the ethical principles of business but also constitute a civil and criminal wrong….”
During the proceedings dated 10.01.17 the complainant stated that the status report of the policy in question has been updated by the OP and he received a copy thereof from the OPs.
We have heard the arguments on behalf of the parties on the questions detailed in the order sheet dated 28.04.2017. The relevant portion of the order dated 28.04.17 reads as under:
“…Only question which remains to be decided in the present complaint is with regard to the entitlement of complainant for compensation including grant of legal expenses etc.”
It is not in dispute that the OPs have now issued the policy bond in favour of the complainant in or about the month of January, 2017.
Admittedly, the complainant is a senior citizen. In the month of December, 2015 the complainant issued a cheque of Rs.24,081/- for issuing LIC bond in his favour but by mistake the OPs took wrong cheque dishonour action due to which the policy bond could not be issued in favour of the complainant as admitted by the OPs in their written statement. The complainant had written number of letters to the OPs, made personal visits on numerous occasions to the officials/officers of the OPs and even submitted a certificate issued by his banker about the encashment of the cheque by the OPs but the officials of OPs did not correct their mistake and miserably failed to issue policy bond in his favour. During this period, the complainant exhausted all remedies available with him and tried his level best but he could not succeed which must have certainly caused immense physical and mental harassment to the complainant. Ultimately, the complainant filed the present complaint on 16.09.2015 and as stated hereinabove the status of the policy bond has been updated by the OPs in or about the month of January, 2017. This is a clear cut case of sheer negligence on the part of the officials of OPs. The complainant has filed details of expenses incurred by him during the visit to the office of OPs to the tune Rs.8170/- which we mark as Mark A for the purposes of proper identification. He has also filed a copy of an advocate fee bill of Rs.25,000/-. We mark it as Mark B for purposes of identification.
In view of the facts and circumstances of the case discussed hereinabove and in order to meet the end of justice we award a sum of Rs.20,000/- for harassment and metal agony suffered by the complainant including the cost of the litigation.
The order shall be complied within 30 days of the date of receipt of copy of this order, failing which OPs shall become liable to pay interest @ Rs. 9% per annum on the amount of Rs.20,000/- from the date of this order till realization.
Copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Announced on 19.01.2018.
