Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 104.
Instituted on : 13.02.2020.
Decided on : 15.09.2021.
Digvijay Jakhar age 39 years, s/o Sh. Khushi Ram Jakhar R/o A92, Preet Vihar, Rohtak-124001.
………..Complainant.
Vs.
- Life Insurance Corporation of India, Shamji Complex Delhi-Rohtak Road, Bahadurgarh-124507(Haryana).
- Life Insurance Corporation of India, Opposite All India radio, Delhi Road, Rohtak-124001(Haryana).
- Life Insurance Corporation of India, SCO 3-4-5, Sector-1, Huda, Rohtak-124001. Through its Divisional Manager.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
Present: Sh.Digvijay Jakhar, Advocate/complainant in person.
Shri SP Gulati Advocate for the opposite parties.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Present complaint has been filed by the complainant with the averments that he took an insurance policy no.171227344 and an amount of Rs.6250/- is still pending with the respondents and complainant came to know that a cheque no.492161 dated 27.09.2016 of Rs.6250/- was issued to the complainant but the same was not delivered to the complainant till date. The complainant has received a phone call from the respondent no.1 and they told the complainant to visit the office of opposite parties regarding the said cheque and the complainant went there and submitted the required documents as asked by the opposite party No.1 and also deposited a cancelled cheque with the opposite party No.1. Complainant sent several emails and phone calls to the opposite parties but the same were not replied. The act of opposite parties is illegal and amounts to deficiency in service. Hence this complaint and it is prayed that opposite parties may kindly be directed to refund the amount of Rs.6250/- on account of maturity claims alongwith interest @ 24% p.a. from 27.09.2016 to till the date of final payment to the complainant and also to pay Rs.25000/- as Advocate Consultancy Fee and Rs.100000/- as compensation and damages on account of deficiency in service to the complainant.
2. After registration of complaint, notices were issued to the opposite parties. Opposite parties appeared and filed their written reply submitting therein that the maturity claim of policy no.171227344 has been paid to the complainant in stipulated time on 23.12.2011. The LIC has issued a survival benefit cheque 492161/27.09.2006 in favour of the complainant but the said cheque had not been encashed by the complainant as a result of which the said cheque had become stale. Thereafter the complainant never demanded for the said cheque and the said cheque amount had been transferred to the senior citizen welfare fund as per the Corporation rules. Now the amount of survival benefit due 09/2006 lying in Senior citizen Welfare Fund has been paid vide transaction number 63713 dated 03.12.2020 alongwith interest of Rs.1017/- as per rules of Corporation and the said amount has been transferred to the account number 016801507010 with ICICI Bank. The claim for any other interest or any compensation etc. is not maintainable so the complaint is liable to be dismissed.
3. Ld. counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C4 and has closed his evidence on dated 23.12.2020. On the other hand, ld. Counsel for the opposite parties, has tendered affidavit Ex.R1, document Ex.R2 and closed his evidence on dated 22.06.2021.
4. We have heard learned counsel for the complainant and have gone through material aspects of the case very carefully.
5. In fact in the present complaint, the date of commencement of policy was 27.09.1996 and the date of maturity in 2011. As per respondents they have paid maturity claim of the complainant on dated 23.12.2011. In fact the survival benefit cheque no.492161 dated 27.09.2006 has been issued by the respondent officials in favour of the complainant and the same cheque has not been encashed by the complainant till date. As a result of which the said cheque became stale. As per respondents thereafter the complainant never demanded the said amount of cheque from the respondents. As per Corporation rules the claim amount had been transferred to the senior citizen welfare fund. Thereafter when it came into notice of the respondents that an amount of Rs.6250/- has not been paid alongwith the maturity amount in the year of 2011, the respondent had transferred the said amount of Rs.6250/- alongwith interest of Rs.1017/- in the account of complainant as per rules. Through this complaint, the complainant has demanded an amount of Rs.6250/- alongwith interest @ 24% p.a. from 27.09.2016 to till date of final payment and further demanded compensation on account of damages and Advocate consultancy fee.
6. We have perused all the documents. After perusal of all the relevant documents we came into the conclusion that the respondent officials should pay the unpaid amount of Rs.6250/- at the time of maturity of policy i.e. in the year of 2011. The respondent officials should pay the above mentioned amount to the complainant in the month of December 2011 but the respondents failed to do so and now the respondent officials had already paid an amount of Rs.1017/- on account of interest to the complainant on the demanded amount of Rs.6250/-. The complainant is not entitled for any further interest upon the said amount but there is deficiency in service on the part of opposite parties because they have not paid or transferred the amount of the complainant well within time. Now the amount of survival benefit due 09/2006 lying in Senior citizen Welfare Fund has been paid vide transaction number 63713 dated 03.12.2020 alongwith interest of Rs.1017/- as per rules of Corporation and the said amount has been transferred to the account number 016801507010 with ICICI Bank.
6. In view of the facts and circumstances of the case, we hereby dispose of the complaint with direction to the opposite parties to pay Rs.2000/-(Rupees two thousand only) as compensation on account of deficiency in service and Rs.2000/-(Rupees two thousand only) as litigation expenses to the complainant within one month from the date of decision.
7. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
15.09.2021.
......................................................
Nagender Singh Kadian, President
...............................................
Tripti Pannu, Member.
