The case of the complainant, in short, is that the complainant on being attracted with the various lucrative advertisement of the O.P No.1 and as per proposal of O.P.No.4, the complainant purchased a money back Insurance policy viz. L.I.C’s Golden Jubilee Policy (BIMA GOLD) policy No. 454176670 dated 24/12/05 vide Table 174, term 20 years, Date of Maturity 24/12/2025 and the O.P No.1 has been receiving premium from the complainant. The Photocopy of said policy is Annexure-A.
It is further case of the complainant that the complainant has paid first premium (yearly) Rs.6667/- and he received the Policy which was duly issued by the O.P No.1/LICI and at that time, the complainant provided his Account Number being No.11460849447 of State Bank of India, Alipurduar Branch. Since then, the complainant has been paying the premiums regularly. The O.P.No.1/LICI and 4 disclosed to the complainant, that he will receive back an amount of Rs.20, 000/- after lapse of every (4) four year from the date of commencement of policy through O.P.No.2/U.B.I and after maturity the complainant will receive the matured amount.
It is also further case of the complainant that since the issuance of the said policy, the complainant visited the Office of the O.P No.1/LICI on several times but the said O.P never made any payment as to the money back policy, but subsequently the O.P No.1 issued only one cheque amounting to Rs.20, 000/- on 15/01/14 in favour of the complainant being money back as second term. The complainant during this tenure is entitled to get twice (2) money back, but the complainant had received a single cheque only. Thereafter the complainant had been to the office of O.P No.1/LICI on 03/07/14 and informed the matter in writing, then the O.P No.1 issued letter to O.P.No.3 & 2 i.e S.B.I & U.B.I. The Photocopy of said letter of complainant dated 03/07/14 is Annexure-B and the Photocopy of letter to S.B. I & U.B.I dated 30/07/14 and 09/07/14 are Annexure-C and C/1 respectively.
Hence, this case has been filed by the complainant with a prayer to direct the O.Ps to pay Rs ,20 ,000/- towards first money back amount plus interest and also an award of Rs.50,000/- for his mental agony and sufferings along with correspondence cost and an award of Rs,10, 000/- as litigation cost.
In the instant case O.P No.1,2 & 3 have appeared before this Forum to contest the case by filing W/V separately. Inspite of issuing notices on several times, the O.P.No.4 did not appear before this Forum to contest the case. That’s why the case against O.P.No.4 has been proceeded exparte.
The case of the O.P. No.1/L.I.C.I, Alipurduar as per W/V filed by him that the case is barred by limitation and the case is bad due to non-joinder of necessary party. This O.P averred that the complainant purchased one L.I.C.I Policy from Alipurduar Branch Office and accordingly they issued a Policy on the life of complainant for a sum assured of Rs.2, 00,000/- under Table/Term 174/20 bearing Policy No.454176670 w.e.f the date of commencement 24/12/05. The O.P No. 1 has also averred that the term of policy 20 years as the life assured ,the complainant will get 10% of the sum assured under basic Plan at the end of each 4th, 8th, 12th & 16th of the Policy year which have been clearly mentioned in the said policy deed.
This O.P has further averred that the complainant received a cheque amounting to Rs.20, 000/- on 15/01/14 and the complainant wrote a letter to O.P.No.1 on 03/07/14 for the first time regarding non-payment of his first money back and on receipt of the same, this O.P No. 1/ LICI also wrote a letter to O.P. No.2/U.B.I and 3/S.B.I on 09/07/14 and 30/07/14. This O.P has, however, denied the visit of the complainant on several times at their Office.
It is further averred by O.P No.1/L.I.C.I that the first money back was due on 24/12/09 but the complainant first informed the matter to them on 03/07/14 i.e after lapse of limitation period. Fact remains that this O.P issued a cheque No.925367 dated24/12/09 amounting to Rs.20, 000/- in favour of the complainant, Drawee Bank, United Bank of India, Alipurduar Branch/ (O.P.No.2). The said cheque was duly deposited by the complainant on 04/01/10 to S.B.I ,Alipurduar Branch/ (O.P.No.3) in his Account No. 11460849447 for collection of the same from U.B.I, Alipurduar Branch(Drawee Bank) and the same was encashed from U.B.I on 08/01/10 vide cheque No.925367 and the same was credited with the account of the complainant which is lying with the S.B.I, Alipurduar Branch on 11/01/10. The O.P.No.1/L.I.C.I has averred that there is no latches or deficiency in service on his part. As such, this O.P has prayed for dismissal of the case with cost.
The O.P No.2/U.B.I,Alipurduar has also filed W/V separately denying the material allegation, contending, inter alia, that the case is barred by the law of limitation and the case is not maintainable in law as well as the case is bad for non-joinder and mis-joinder of necessary parties. It is further averred that the O.P.No.3/S.B.I has presented the alleged cheque before them for clearing and after receiving the said cheque, this O.P has cleared the cheque after proper verification and signature of the drawer without negligence and in good faith. It has been further alleged that the entire responsibility is vested upon the O.P.No.3/S.B.I, Alipurduar and to ensure credit, the collected proceeds to the named payee of the instrument. The collecting Bank also gives guarantee on the back side of the cheque that “Received Payment through Clearing” and “Payees account credited” and on receipt the instrument through Clearing House,the paying banker/O.P No.2 has verified the apparent tenor of the instrument and on the basis of guarantee of the collecting Bank, the paying bank cleared the cheque so presented as per norms of the bank and made payment to the collecting bank for making payment to the named payee for which they collected the cheque. This O.P has also denied the other allegations made by the complainant and as such he has prayed for dismissal of the case with sufficient cost.
The O.P.No.3/S.B.I, Main Branch, Alipurduar has filed separate W/V denying the material allegation contending, inter alia, that the case is barred by law of limitation and the case is bad due to non-joinder of necessary party. The complainant has a Bank Account being SB A/C No.11460849447 in their bank. According to this O.P, the complainant deposited one cheque on 04/01/10 amounting to Rs.20, 000/- vide cheque No.925367 in his said account No. 11460849447 for collecting of the same from U.B.I, Alipurduar Branch/O.P.No.2 and the same was encashed from them on 08/01/10 and the same was credited in the account of complainant on 11/01/10 and the said amount was withdrawn by the complainant on 13/01/2010 through ATM but the complainant on suppressing all those materials has filed the instant case for wrongful gain and with an ill-motive. As such, the O.P No .3/SBI , Main Branch, Alipurduar has also prayed for dismissal of the case with an exemplary cost.
The complainant has filed some documents in support of his case which have been mentioned in Annexure- A (Policy No.454176670), Annexure-B ( Letter dated 03/07/14 addressed to the Branch Manager, LIC ,Alipurduar sent by complainant), Annexure-C ( letter dated 30/07/14 addressed to the Chief Manager ,S.B.I, Alipurduar Main Branch sent by the L.I.C.I, Alipurduar ) Annexure- C/1 ( letter dated 09/07/14 addressed to the Branch Manager, U.B.I, Alipurduar sent by Br. Manager, LIC, Alipurduar) .
The O.P.No.2/U.B.I, Alipurduar has filed photocopy of Computer Generated Transaction enquiry dated 08/01/10 containing three sheets which duly certified by Branch Manager, U.B.I.Alipurduar.
The O.P No. 1 & 3 have filed some documents which have been mentioned as follows:
Annexure. Document Dated
- Letter addressed to S.B.I by L.I.C.I 30/07/14
- Letter addressed to S.B.I by L.I.C.I 16/03/15(After filing of this case)
- Letter addressed to S.B.I by L.I.C.I 10/04/15( “ )
- Letter address to S.B.I by L.I.C.I 17/04/15( “ )
- Photocopy of pay-in-slip regarding deposit
of alleged cheque being No. 925367 by complt.
himself. 04/01/10
- Statement of account of complainant vide
S.B.I A/C No.11460849447 (certified by
Br. Manager, S.B.I.) (Computer Generated)
- Voucher verification Report for customer
Viz. Debajyoti Sarkar (complainant) (Computer Generated)
- Statement of Account w.e.f 06/01/10
to 12/01/2010 relating to the complainant’s
account. (Certified by Br. Manager, U.B.I). (Computer Generated)
- Statement of Account in respect of complainant
Transaction on 11/01/10 & 13/01/10
(CertifiedbyBr.Manager,S.B.I.). (ComputerGenerated)
- Statement of Account in respect of
Complainant’s account w.e.f 01/01/10 to 01/01/12.
(Certified by Br.Manager, S.B.I). (Computer Generated)
The complainant and O.P. No.1, 2 and O.P.No.3 file evidence on affidavit which appears to be the reiterated version of complaint as well as W/V. The complainant and O.P No.1, 2 and O.P.No.3 have also filed written argument in support of their respective cases.
Heard argument of Ld. Agents for complainant and the O.Ps. We have meticulously gone through the evidence of the parties and the materials on record.
In this context, the following points are necessarily come up for consideration to reach a just decision of the case.
POINTS FOR CONSIDERATION
- Is the complainant a consumer u/s. 2(1) (d) (ii) of the C.P.Act, 1986?
- Whether the Forum has jurisdiction to entertain the instant case?
- Have the O.Ps any deficiency in service as alleged by the complainant?
- Is the complainant entitled to get any relief/reliefs as prayed for?
DECISION WITH REASONS
Point No. 1 and 2 :-
It appears that the complainant had purchased one “BIMA GOLD” (L.I.C’s Golden Jubilee Policy) from L.I.C.I, Alipurduar Branch for a term of 20 years on being Rs.6667/- (YLY) as premium w.e.f the date of commencement 24/12/2005 (Annexure-A). Admittedly the said policy is a money back policy.
It further appears that the Office of the O.Ps are situated within the jurisdiction of this Forum and the value of the complaint is far less than the prescribed limit of this District Forum.
Hence, the complainant is a consumer under the C. P. Act, 1986 and this Forum has pecuniary and territorial jurisdiction to try the instant case.
It is to be noted that no arguments have been placed with regard to non-joinder or mis-joinder of parties.
However,having heard the Ld. Agents of both sides and on considering the materials on record, we are in view that the complainant is a consumer u/s. 2(1)(d)(ii) of C. P. Act, 1986 and the Forum has sufficient jurisdiction to entertain the instant case. As such, these points are decided in favour of the complainant.
Point No. 3 and 4 :-
Both the points are taken up together for the sake of convenience and brevity.
The complainant alleged in this case that he purchased a money back policy from L.I.C.I, Alipurduar Branch on 24/12/05 for a period of 20 years and premium is to be paid yearly Rs.6667/- which will be matured on 24/12/2025.
The complainant intended to say that he got a cheque from L.I.C.I being second money back amounting to Rs.20, 000/- on 15/01/14 but in the instant complaint the complainant has alleged that he did not get any amount of money in respect of the said policy being first money back after the year 2009.
The complainant has alleged that he sent a letter to the L.I.C.I and personally visited their Office, but no fruitful result was yielded. In this perspective, it appears from the record/document which filed by the complainant that the complainant had issued a letter to the L.I.C.I on 03/07/14 (Annexure-A) for first time and in response of the said letter of complainant, the O.P.No.1/L.I.C.I had issued two letters one to U.B.I/Alipurduar and another to S.B.I, Alipurduar on 09/07/14 and 30/07/14 respectively (Annexure-C/1 and C).
The complainant further intended to say that he did not receive even to-day any amount of money back which accrued after the year 2009. It is interesting to note that L.I.C.I, Alipurduar Branch, Branch Manager, U. B. I and Chief Manager, S.B.I have filed three separate W/V in respect of the present matter. The O.P No.1/LICI, Alipurduar Branch disclosed therein that the first money back was given to the complainant by issuing a cheque being No. 925367 and the complainant himself deposited it in his account being No. 11460849447 on 04/01/10 which was lying in S. B. I, Alipurduar amounting to Rs. 20, 000/-. The Photocopy of Counter Foil of the deposit of said cheque has been filed by O.P.No.3 and it goes to show that the complainant by signing his name in “Pay-in-Slip” deposited the said cheque for encashment before S. B. I, Alipurduar Branch on 04/01/10 (Annexure-5). On mere comparing of the signature of complainant in complaint and the signature of complainant which exists in said “ pay-in-lip” go to show that both the signatures are the signature of complainant. There is no doubt of it that the complainant himself deposited the cheque before S. B. I, Alipurduar Main Branch for encashment on the date as mentioned above.
On meticulous scrutiny of Annexure-1, 2 and 3 as well as Annexure-4 it would reveal that L.I.C.I/Alipurduar had issued some letters to the S. B. I, Alipurduar Branch on 30/07/14, 16/03/15, 10/04/15 and 17/04/15 respectively and there are clear indications therein that the said cheque was encashed.
On the contrary, the document filed by complainant goes to show in Annexure-B that at the first time, (near about lapse of 5 five years) the complainant informed the matter to L.I.C.I on 03/07/14 about the non receipt of the first money back installment. According to complainant, the L.I.C.I had issued two letters on 30/07/14 to the Chief Manager, S.B.I, Alipurduar and on 09/07/14 to Branch Manager, U.B.I to the effect of the said letter of complainant (Annexure- C & C/1). In Annexure-C, L.I.C.I, Alipurduar clearly indicates in their letter that the said cheque was encashed as per their Office record and the amount of said cheque was included on 08/01/10. Annexure-C/1 i.e another letter of L.I.C.I, Alipurduar addressed to U.B.I, Alipurduar relating to the enquiry of encashment of the money in favour of the complainant. It goes to show that as per record of L.I.C.I, Alipurduar, the said cheque was encashed. The complainant has filed the Photocopy of the statement of account which was lying in the S. B. I, Alipurduar Branch in Pass Book being A/C No.11460849447 but on close scrutiny of the said statement of account, there is no entry/transaction in between 04/12/09 to 02/06/10 i.e near about (6) six months which is vital period to determine the present issue ,in question. The said statement of account of complainant neither authenticated by the Officer of S.B.I, Alipurduar Branch nor it discloses by complainant wherefrom it was collected. The complainant even did not file the Pass Book also.
Several documents viz. statement of account of complainant in respect of his account lying in S. B. I, Alipurduar Branch, voucher verification report for customer viz. the complainant, statement of account w.e.f 06/01/10 to 12/01/10, statement of account of complainant’s transaction dated 11/01/10 and 13/01/10 at S. B. I, Alipurduar and statement of account of complainant w.e.f 01/01/10 to 01/04/12 which authenticated and certified by Branch Manager, S. B. I go to show that the alleged cheque being No. 925367 had been deposited by the complainant himself in his S.B.I account on 04/01/10 ( as counter foil of pay-in-slip shows in Annexure- 5) and the same was sent to O.P.No.2/U.B.I, Alipurduar Branch for clearing it and the same was cleared by them on 08/01/10. Thereafter, the S. B. I, Alipurduar Branch credited the same in the Account of complainant i.e Rs. 20, 000/ 11/01/10 and the complainant had withdrawn it by ATM (Automated Teller Machine) on 13/01/10.
Moreover, Annexure-10 System Generated goes to show also that on 11/01/10 the amount of money was credited in the account of complainant and on 13/01/10 the said amount of money was debited from the account of complainant as he withdrawn it by ATM. Annexure-10 further goes to show that the complainant had made several transactions in between the period of 08/01/10 to 02/06/10, but the complainant best reason known to him why he withheld to file the transaction list of his account at S. B. I, Alipurduar Branch.
It is pertinent to mention here, we have already held that complainant failed to file any statement of his account lying at S.B.I, Alipurduar w.e.f 04/12/09 to 02/06/10.
In our view, the complainant fails to substantiate his case, but it is crystal clear from the document which are lying before us that the complainant’s first money back was accordingly credited in his account at S. B. I, Alipurduar Branch on 11/01/10 as the cheque has been deposited by complainant himself on 04/01/10 and it was cleared up by O.P.No.2/U.B.I, Alipurduar on 08/01/10 and the complainant had withdrawn it by ATM on 13/01/10.
Therefore, in the above view of facts & circumstances and on considering the materials on record, we are in view that no deficiency in service is involved in such a matter. We are constrained to hold that the complainant fails to substantiate his case.
In the premises, the complainant’s case is liable to be dismissed without cost.
Both the points are thus disposed of against the complainant.
All the points are disposed of.
As a result, the complainant’s case fails.
Hence, it is,
ORDERED
that the C.C No.02 of 2015 be and the same is dismissed on contest against the O.Ps i.e O.P.No.1,2 & 3 and exparte against O.P No.4 without any cost.
Let a plain copy of this Final Order be supplied to the concerned parties by hand/be sent under registered post with A/D forthwith for information and necessary action.
Dictated & Corrected by me
