West Bengal

Paschim Midnapore

CC/61/2015

Sri Subir Sengupta - Complainant(s)

Versus

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

08 Sep 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

                             

Bibekananda Pramanik, President,

And  Mrs. Debi Sengupta, Member.

   

Complaint Case No.61/2015

                                                       

                                                                        Sri Subir Sengupta……….……Complainant.

Versus

                        1)The Chief Manager, LICI, Kharagpur Division; 

                        2)Deputy Registrar, Fin. & Accounts, Cash Sec., IIT, Kharagpur;

                        3)Mrs. Kabita Santra, LICI Agency Code-00768594…...Opp. Parties.

 

              For the Complainant  : Self.

              For the O.Ps.                : 1) Mr. Ganganarayan Paria, Advocate;

                                                       2) Mr. Diptendu Ghosh, Advocate;

                                                       3) Mr. Ranjan Kumar Sarkar, Advocate.

 

Decided on: - 08/09/2015

                                

ORDER

                       Bibekananda Pramanik, President- Facts of the case, in brief, is that the complainant  is a permanent employee of Indian Institute of Technology, Kharagpur and he is deducting Rs.3,791/- per month from his salary for Salary Savings Policy of Life Insurance Corporation of India in respect of the six policies, as mentioned in his petition of complaint. Till date, Finance and Accounts Section of IIT Kharagpur has deducted Rs.63240/- only for policy nos.498755618 and 498755619 from May and April 2010 onwards and Rs.6504/- for policy nos.499433226 and 439587926 from his salary which is supposed to be deposited to LICI, Kharagpur Division in time.  Few months back, the complainant came to know that serial nos. 1 & 2 vide policy nos.498755618 and 498755619 have lapsed due to nonpayment of his monthly premium from April 2010 onwards.  It is stated that IIT Kharagpur has deducted huge amounts from his salary till date as monthly premium.  He requested the higher official of LICI, Kharagpur Division  

Contd…………..P/2

 

( 2 )

for taking initiative to revive his lapsed policies but no improvement has been made till date.  He came to know that LICI, Kharagpur received his all payments including some late payments. Due to late receipt of some of his payments from IIT Kharagpur, LICI Kharagpur could not up to date his policies.  It is stated that LICI, Kharagpur Division received all monthly premiums till date but they did not update their records intentionally thereby causing loss of such huge amount of money. For such deficiency in service, the present complaint has been filed, praying for an award of compensation of Rs.2,50,000/- against opposite party nos.1, 2 & 3.

                  All the opposite parties have contested this case by filing separate written statements.

                 Opposite party no.1 LICI, Kharagpur Division, in their w/o, has denied all the allegations made in the petition of complaint.  It is the specific case of the opposite party no.1 that all the premiums paid by the complainant in respect of his policies have been adjusted till date and there is no fault on the part of the opposite party no.1.   No breach of contract in terms of benefit to the life assured i.e. the complainant is being caused.  All the above policies are still in force and the complainant will certainly get all the benefits including bonus and others as assured by LICI from the inception of those policies till date.  Opposite party no.1 has further stated that there is no deficiency in service on their part and the present complaint is therefore liable to be dismissed.                                                   

                 Opposite party no.2, Deputy Registrar (Finance & Accounts) IIT Kharagpur in their w/o has  specifically stated that all the premiums of the policies of the complainant and other employees have been sent to the LICI  regularly in time and all such policies are in force that and would be evident from the status report.

                  Opposite party no.3, Mrs. Kabita Santra, the agent of LICI, in her w/o has stated that there is no negligence nor any latches nor deficiency in service on her part. There is no condition that the agent would go on monitoring the above policies from time to time. There are other agents in respect of some of the policies in questions but they have not been made parties in this case. The complainant authorized his employer to pay premium by deductions from salary every month and also to continue to deduct and to pay such amount every month. The alleged cause of deficiency in service is baseless and false.

                                                                               Point for decision

                      Is the complainant entitled to get the reliefs, as sought for ?                

Decision with reasons

                             At the very outset, it is to be stated that neither the complainant nor the Ops have

Contd…………..P/3

 

                                                                                                         ( 3 )

               adduced any sort of evidence, either oral or documentary, but they have of course relied upon some documents, so filed by them in this case.  Be that as it may, we find that it is the main allegation of the complainant that  the premiums in respect of his policies of Salary Savings Policy of LICI, though received by LICI, Kharagpur, but they took no initiative to update his policies. For such act of the LICI,  Kharagpur, the complainant has suffered mental agony and financial loss. At the time of hearing of argument, Ld Lawyer of Op No.1-LICI, Kharagpur, filed up to date status report of those policies in question, on perusal of which we find that status of all those policies are in force.  Therefore, we find that the allegations made in the petition of complaint is baseless and the complainant is not entitled to the reliefs as prayed for.        

                                

                                                  Hence, it is,

                                                                        Ordered,

                                                                               that the complaint case no.61/2015 is hereby dismissed on contest without cost.

               Dictated & Corrected by me

                                Sd/-                                           Sd/-                                        Sd/-

                           President                                    Member                                  President

                                                                                                                          District Forum

                                                                                                                      Paschim Medinipur