Today is fixed for passing order in respect of the petition filed by the OP challenging the maintainability of the present compliant on the ground that the policies No.495069672 had vested on 28-12-2012 and the first date of receipt of Pension or Annuity if any will be due on 28-12-2014 and complainant had chosen the ambit of receipt of annuity as monthly in that case the annuity payment would have started on and from 28-01-2015.  So, no cause of action has been arisen till this date.

                                       It is further submitted that during period 2011 some fraud had been taken place in the concerned branch office of the LICI where the funds of the LICI was mis-utilized and some fake policies were issued to various individuals and that fraud was discovered and the complaint was lodged with the Central Bureau of Investigation by letter dated 31-12-2013 and a case being No.CDO102013A0035 –CBI/ACB/Kolkata was registered by CBI and accordingly, CBI authority attaching the list of 275 policies and also list of 275 policy holders which are found involved in the said fraud and in the said list of policy the present disputed policy is also in question and fact remains in respect of the said policy actually no transaction was made.  It is further submitted that complainant was also directed to appear before the CBI officer for examination and also for disclosing the flow of fund for purchasing policy at a time.

                                      It is further submitted that complainant-s disputed two policy numbers are 495069672 and 495069665 and total premium of the said policy was Rs.5 lakhs but as per policy premium was received by cheque but actually no cheque was found received or encashed by the LICI.  Finding several discrepancies in the papers and in respect of huge sum was alleged to have been invested by the complainant and his involvement CBI has included the said policy of the complainant in to the ambit of the said investigation and had already taken all papers of the policy of the complainant and in the letter dated 28-04-2014 list of 275 policies had been mentioned and this policy number is also a subject matter of the said CBI fraud case and till proper adjudication of the said fraud case has started by CBI the present case cannot be described and in view of the ratio laid down in MSTC vs. ECGC by Hon-ble National Commission the present case cannot be disposed of by the present Forum and it should be dismissed.

                                      Practically, the objection challenging the maintainability of the case filed by the OP on 25-04-2014 against that complainant by filing written objection has challenged that maintainability petition on the ground that the vested period had already been passed, however, respondent had failed to comply the terms of service of vesting the policy and it is strongly denied and disputed that vesting period will commence from 28-01-2015 as alleged.  Moreover, the allegation the OP is completely baseless and if any, fraud has been practiced that has been practiced by the employee of the LICI but not by the comolainant.  So, in the circumstances, complainant has prayed for rejecting that complaint

                                                          Decision with Reasons

                      On proper study of the entire maintainability petition as filed by the OP and objection filed by the complainant and including the fact it is found in respect of the said two policies No.495069672 and 495069665 no cheque was encashed by the LICI and practically no cheque was also availed along with the application form though it was noted.  But in the mean time policy document was issued but no premium was encashed so, in the eye of law if any cheque is not encashed or submitted within one month from the date of policy the policy shall be treated as a void but we are not entering into that matter but truth is that by practicing fraud this policies were created with the help of the employee of the LICI and for that reason a fraud case has been started by the CBI and in that proceeding the present policy holders are also included and till disposal of the said case it is not possible to decide whether said policies are valid policies or procured by fraud practice and in this respect we have gone through a ruling reported in I(1993) CPJ 88 NC and after studying the said ruling it is clear that it is a case of fraud and cheating and the fact of fraud and cheating shall have to be established first and before that Consumer Forum cannot arrive at a finding of deficiency of service and in the particular case apparently it is clear that 275 policies were created by practicing fraud by the policy holders and the employees for which the said fraud case has been started by the CBI and the present complainant-s policies were involved.  So, we agree with the view expressed by the National Commission the machinery of this Forum cannot be effectively utilized the determination the complicated question of fraud and cheating etc. and when the matter is subjudiced in the court of CBI the present Forum declines to adjudicate the present complaint case due to the pending proceeding of CBI related to question of fraud and cheating.  In the light of the above observation the maintainability petition as filed by the OP challenging the maintainability of this case as filed by the OP on 25-04-2014 bears merit and succeeds.

Hence,

Ordered

That the objection be and the same is not maintainable in view of the above findings and till decision complainant-s rights to file this case for deficient and negligence of service shall not arise when the policies in dispute are under control of the said fraud case started by the CBI and thus this complaint is no doubt premature and not maintainable at this stage