Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
Date of Order : 30.04.2016
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite party to make payment of Rs. 500/- till the lifetime of the policy holder from 1st February 2009 along with interest @ 21% p.a.
- To direct the opposite party to pay Rs. 50,000/- ( Rs. Fifty Thousand only ) as compensation and litigation costs.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that he had taken Jeevan Dhara policy offered by L.I.C. of India vide annexure – A and as per terms of the policy the complainant had made one time payment of Rs. 9,327/- to the L.I.C. of India. There was no other obligation on the part of the complainant.
It is further case of the complainant that after paying the aforesaid amount the complainant has fulfilled his obligation and now it was the duty and obligation of the L.I.C. of India to pay Rs. 500/- to the complainant from 1st feb 2009 till his life time.
It has been further stated that as per terms of policy the L.I.C. of India is supposed to make a lump some payment of Rs. 60,000/-.
The complainant has asserted that as he is alive hence as per terms of annexure – A he is entitled to receive Rs. 500/- per month from 1st Feb 2009 for which he has made several attempts but his grievance has not been redressed.
In this regard the complainant has sent several reminders to the L.I.C. of India officials which will appear from annexure – B series.
When the grievance of the complainant was not fulfilled despite passing of 5 years then he has filed this complaint petition.
On behalf of opposite party a written statement has been filed and in para – 5, 6 and 7 of written statement the following facts have been asserted “ that as per the policy master available in the branch the policy no. 510067641 pertains to Sri Baijnath Sharma, Dhira, Patna City and there was no master of policy in the name of Sri Mahavir Prasad Churiwal. Now the policy master in the name of Mahavir Prasad Churiwal has been created bearing policy no. 528571001.”
Para – 6 - “that initially in absence of policy master the payment of annuity could not be initiated but now policy master bearing no. 528571001 has been created and annuity w.e.f. 28.01.2009 has been started ( copy of payment details annexed ).”
“That now the grievance of the complainant has been redressed as the annuity of Rs. 500/- has been paid till date.”
It is the case of the complainant that he has not received Rs. 500/-per month as per condition of policy vide annexure – 5 despite the facts that he has deposited Rs. 9,327/- with L.I.C. of India.
On behalf of L.I.C. of India a written statement has been filed stating therein that as the grievance of the complainant has been redressed hence this case is fit to be dismissed.
It is needless to say that the complainant has not filed any rejoinder to the aforesaid facts asserted by opposite party in written statement despite allowing several opportunities.
As the opposite party has himself stated that the grievance of the complainant has been redressed hence we are not going to pass any order in this regard.
However it goes without saying that grievance of the complainant has been fulfilled after delay of 5 years hence we direct the opposite party L.I.C of India to pay Rs. 5,000/- to the complainant by way of compensation and litigation costs within the period of one month from the date of receipt of this order or certified copy of this order.
Accordingly this complaint stands disposed off in terms of aforesaid facts stated in written statement.
Member President
