DATE OF FILING                    :     07/01/2014

DATE OF S/R                            :      05/02/2014

DATE OF FINAL ORDER      :     19/11/2014

JYOTIRMOY DUTTA

38/7, Cossipore Road, P.S. Cossipore

Kolkata 700 002 ….................................................................................................  COMPLAINANT.

1.  Life Insurance Corporation of India

           16, Hair street, Rallis Bilding,

           4th floor P.S. Hair Street

           Kolkata 700 001

2.  Life Insurance Corporation of India, Branch Manager

            Howrah Dist P-18, Dobson Lane,

            Madhusudan Apprtment.

           P.S. Golabari

           Howrah 711 101

3.   Life Insurance Corporation of India, Loan Department,

             P-18, Dobson Lane,

             Madhusudan Apartment, Howrah,

             P.S. Golabari

             Howrah - 711 101 …..............................................................................OPPOSITE PARTIES.

                                                P    R    E     S    E    N     T

President     :     Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.

Member      :      Shri P.K. Chatterjee.

      Member       :     Smt. Jhumki Saha.     

                                                 F  I   N   A    L       O    R   D    E     R

1. The instant case was filed by the complainant U/S 12 of the C .P. Act, 1986 ( as amended upto date ) wherein the complainant has prayed for a direction to be given upon the O.P. nos. 1 to 3 to repay the deducted interest of Rs. 4,749/- , together with compensation to the tune of Rs. 20,000/- and litigation costs of Rs. 5,000/-as the o.ps. did not repay the deducted excess amount of interest from the money back policy being no. 431226318 on the dated 15-09-2010

    

2. The brief facts of the case is that the complainant obtained a loan of Rs. 12,500/- on 12-01-2007 against money back policy being no. 431226318.The loan amount along with outstanding interest was adjusted from the survival benefit of Rs. 10,000/- payable on 19-12-2009.The complainant obtained the second loan amount of Rs. 23,750/- after adjusting the 1^st loan of Rs. 12,500/-, due to non operating the systemand the amount of Rs. 4,749/- was wrongly charged and subsequently paid ofRs. 936/- with the intervention of C.A. &F.B.P. on 26-12-2012 except excess deducted interest of Rs. 4,749/- which has fallen due from the o.ps. Being frustrated and finally no other alternative the complainant filed this instant case alleging deficiency in service and praying for a direction to pay the excess deducted amount of interest together with other relief/s. Hence the case.

    

The o.p. nos. 1 to 3 in their written version contended interalia that the case is barred by limitation and that to they have paid the deducted excess amount of Rs. 6,017/- ( Rs. 4,749 + Rs. 1,268/- ) on 27-02-2014 as per Annexure 2.

4.  Upon pleadings of both parties two points arose for determination :                

             Whether the complaint is maintainable before this Forum             

               Is there any deficiency in service on the part of the O.Ps                    

               Whether the complainant is entitled to get any relief and compensation as prayed for

DECISION  WITH   REASONS      :

POINT NO. 1

1. As per record / complaint it is noticed that the cause of action starts from the very date i.e, 15-09-2010 when the o.ps. deducted excess amount of interest of Rs.4,749/- from the complainant and thereafter the matter was brought to the notice before the Forum on 08-01-2014 which is more than three years from the cause of action which is time barred U/S 24(a) of the C.P. Act, 1986 and the claim so raised was time barred. Point under consideration is accordingly disposed of.

    

   Point nos. 2 & 3

    

2. Both the points are taken up together for consideration. Moreover, we have gone through the records / annexures submitted by the o.ps. and the complainant and noted the contents therein. From the record it reveals that the o.ps. finally settled the claim of the complainant by paying Rs. 6,017/- ( Rs. 4749 + Rs. 1268/- ) on 27-02-2014 through NEFT during pendency of the case as per Annexure II of the written version of the o.ps.So question of deficiency in service on the part of the o.ps. were far from truth and we are unable to grant any relief as sought for by the complainant. Both the points are accordingly disposed of.

    

      Hence,

                                    O     R     D      E      R      E        D

      That the C. C. Case No.  2 of 2014 ( HDF 2 of 2014 )  be  dismissed on contest without  costs against o.ps.        

      Supply the copies of the order to the parties, as per rule.

DICTATED  &    CORRECTED

BY   ME.

  (   P. K. Chatterjee )                                                         

  Member,  C.D.R.F., Howrah.