Orissa

StateCommission

A/76/2019

P. Eswar Rao - Complainant(s)

Versus

Life Insurance Corporation of India - Opp.Party(s)

M/S B.N. Udgata & Associates.

04 Oct 2021

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
First Appeal No. A/76/2019
( Date of Filing : 16 Mar 2019 )
(Arisen out of Order Dated 05/09/2018 in Case No. CC/122/16 of District Koraput)
 
1. P. Eswar Rao
S/O- Late P. Mrutyunjaya Rao, R/O- Maharani Peta, Po/Ps-Jeypore
Koraput
odisha
...........Appellant(s)
Versus
1. Life Insurance Corporation of India
At/Po/Dist- Koraput.
Koraput
Odisha
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Dr. D.P. Choudhury PRESIDENT
 
PRESENT:M/S B.N. Udgata & Associates., Advocate for the Appellant 1
 Mr. U.K. Mishra, Advocate for the Respondent 1
Dated : 04 Oct 2021
Final Order / Judgement

            

         Heard learned counsel for both sides.

2.      Here is an appeal filed u/s 15 of the erstwhile Consumer Protection Act, 1986 (hereinafter called the ‘Act’). Parties to this appeal shall be referred to with reference to their respective status before the District Forum.

3.   The case of the complainant in nutshell is that the complainant has purchased LIC policy from the OP commencing from 28.3.1974 on payment of  ½ yearly  premium for sum assured of Rs.15,000/-. After maturity of the policy the complainant submitted policy certificate claiming the maturity amount but the OP sat over the matter and rereleased the amount only on 27.9.2016 for an amount of Rs.27,755/- after deducting Rs.337/-. It is alleged inter alia that although the policy matured on 28.3.1999 but it was only paid on 27.9.2016 for which the complainant is entitled to the interest. Since it has not been paid, the complaint was filed.

4.      OP filed written version denying the allegation of the complainant. It is the case of the OP that complainant has obtained the policy on 28.3.1994 for a term of 25 years with assured sum of Rs.15,000/-. The policy was matured on 28.3.1999. The OP averred that intimation was sent to the complainant with discharge voucher before the due date but the complainant neither submitted the documents nor raised claim before the OP. However, on 19.9.2016 complainant submitted the discharge voucher,  Bank detail and indemnity bond and accordingly, the OP released the amount of Rs.27,755/- on 27.9.2016 by deducting Rs.337/-. However, OP admitted that Rs.337/- was wrongly calculated.

5.      Learned District Forum after hearing both parties dismissed the complaint.

6.      Learned counsel for the appellant submitted that the learned District Forum has committed error in law by not  perusing the complaint petition properly. According  to him, the date of maturity was 28.3.1999 but the payment was made in 27.9.2016 for which the complainant is entitled to the interest. But this aspect has not been analyzed by the learned District Forum. He submitted that the complainant has not received any letter from the OP but submitted documents on 19.9.2016 and it is for the OP who committed deficiency of service for payment of maturity amount after long years. Learned District Forum ought to have allowed the complaint. So, he submitted to allow the complaint by setting aside the impugned order.

7.      Learned counsel for the respondent submitted that unless the discharge voucher and other documents submitted by the complainant it is not possible to pay the maturity amount. However, they received all the documents on 19.9.2016 and released the maturity amount on 27.9.2016. Since there is no delay the question of payment of interest from 1999 to 2016 does not arise. Learned District Forum analyzed the material properly and passed the correct impugned order.

8.      Considered the submission of learned counsel for the respective parties and perused the DFR including the impugned order.

9.      The complainant is required to prove the deficiency of service on the part of the OP.

10.    It is admitted fact that the complainant has purchased 25 years policy from the OP for sum assured of Rs.15,000/- commencing from 28.3.1974. It is not in  dispute  that it was matured on 28.3.1999. It is also not in dispute that the complainant submitted documents on 19.9.2016 and the maturity amount was paid on 27.9.2016 by deducting Rs.337/- which was wrongly calculated. The question of payment of interest only arises if the documents have been submitted by the complainant with the OP in 1999. Now dispute is not here about delay in sending the intimation because that issue has not cropped up by the parties. When the documents have been filed on 19.9.2016 and the payment has been made on 27.9.2016, there is hardly delay in payment of maturity amount. As such, there is nothing to interfere with the impugned order.

11.    The appeal stands dismissed. No cost.

         DFR be sent back forthwith.

       Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.

 
 
[HON'BLE MR. JUSTICE Dr. D.P. Choudhury]
PRESIDENT
 

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