Tripura

West Tripura

CC/30/2016

Sri Dilip Sharma. - Complainant(s)

Versus

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

Mr.D.Sharma, Mr.A.Deb.

17 Aug 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSSAL FORUM
WEST TRIPURA :  AGARTALA

CASE   NO:   CC- 30 of 2016

Sri Dilip Sharma
Late. Nishi Kanta Sharma,
Shibnagar Sarat Pally,
Collegetilla, Agartala,
West Tripura.            …..…...Complainant.

                 VERSUS

1. Life Insurance Corporation of India,
Silchar Division,
Meherpur, Silchar- 788015
    

2. Manager, (MI),
Life Insurance Corporation of India,
Silchar Divisional Office,
Meherpur, Silchar,-788015.

Manager,(CR),
Life Insurance Corporation of India,
Silchar Divisional Office.
Meherpur, Silchar- 788015.

4. Sabujhbhumi B.S.S. Ltd.,
Agent of LICI(MI),
H.O. Kalyanpur, Khowai.

5. Mr. Parimal Pal,
Sabujhbhumi B.S.S. Ltd.,
Agent of LICI(MI),
H.O. Kalyanpur, Khowai.

6. Sabujhbhumi B.S.S. Ltd.,
Agent of LICI, Agartala Centre, 
Kamarpukurpar, Agartala,
C/O- Apu Karmakar(Brajadham),
West Tripura.

7. Kesab Debnath,
Cashier/ Agent of Sabujhbhumi B.S.S. Ltd.,
Agartala Centre, Kamarpukurpar, Agartala,
C/O- Apu Karmakar(Brajadham),
West Tripura.    

8. Sumita Sharma,
D.O.- Satya Narayan Sharma,
Saratpalli(East),
Shibnagar, Agartala, 
West Tripura.        ......Opposite parties.

      __________PRESENT__________

 SRI A. PAL,
PRESIDENT,
  DISTRICT CONSUMER  
DISPUTES REDRESSAL FORUM,
      WEST TRIPURA, AGARTALA. 

SMT. Dr. G. DEBNATH
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

SRI U. DAS
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

 

C O U N S E L

    For the Complainant        : Sri Dipankar Sharma,
                          Advocate.
                         
For the O.P. No.1, 2 & 3        : Sri Asish Nandi,
                      Advocate.    

For the O.P. No.4, 5, 6 & 7        : Sri Sudipta Sekhar Debnath,
                      Advocaste.

 

        JUDGMENT  DELIVERED  ON:  17.08.2016

 

J U D G M E N T

        This case arises on the petition filed by Dilip Sharma U/S 12 of the Consumer Protection Act. Petitioner's case in short is that he purchased the policy from LIC of India on 08.10.10 for a period of 5 years. Premium was Rs.500/- per month. Policy was purchased through Subujhbhumi B.S.S. Ltd., Micro Agent of LICI. Through out 5 years he paid the premium at the prescribed rate. On maturity of the policy sum assured was not paid with interest thereon. Then he issued lawyer's notice. Thereafter Rs.31,200/- was paid in 2 installments. But the actual amount payable not paid. It was stated that policy was irregular but no such notice given. Therefore, petitioner claimed Rs.1,63,000/- in total for negligence and deficiency of service mental agony etc.

O.P. No. 1, 2 and 3, LICI filed W.S. denying the claim. It is stated that premium was paid to agency not directly to the LICI. The insured amount was already paid to the petitioner. He is not entitled to get any other amount in any way. So this claim is liable to be rejected. O.P. No.4, 5 6 & 7 also filed W.S. denying the claim.

3.        On the basis of contention raised by both the parties following points cropped up for determination;
        (I) Whether the terms and condition of the policy was violated by the respondents?  
        (II) Whether the petitioner is entitled to get any amount as compensation for deficiency of service by O.Ps?
    
4.        Petitioner produced advocate's notice, letter of LICI, bank pass book, premium receipts, receipts of Sabujhbhumi, also produced the statements on affidavit of one witness i.e., the petitioner, Dilip Sharma.

5.        Respondents on the other hand produced schedule deposit of Insurance premiums, list of outstanding amount, copy of money receipts, total 89 sheets which are marked as Exhibit- A series. 
6.        On the basis of all these evidence we shall now determine the points.

    Findings and decision:

7.        It is admitted fact that petitioner was the policy holder and it is revealed from the evidence that every month Dilip Sharma was paying Rs.500/- through Sabujhbhumi BSS Ltd. It is also admitted fact that Sabujhbhumi was the Micro Agent of LICI. Dilip Sharma paid the first premium Rs.500/- on 14.07.10. Sabujhbhumi in their receipt showed the payment by Dilip Sharma on different dates. Some times 2 months premiums given at a time. Sabujhbhumi BSS Ltd. did not say anything about irregular payment by the petitioner. From the correspondence of the LICI it is found that on 31.03.16 amount of Rs.30,786/- was shown unadjusted. From the perusal of the papers submitted by LICI it is found that the amount was collected by Sabujhbhumi from different persons and also it is deposited at a time to the LICI. The Micro Insurance Agent collected the money from the policy holders and deposited at a time and receipts given by LICI not in the name of particular person but as policy deposit collection by MI agent. It is admitted fact that petitioner received Rs.31,200/- the sum assured. He did not explain how he can expect more than this amount. As per policy certificate he is not entitled to get the sum assured on collection. Policy certificate not produced. It is not clear whether the individual policy certificate is issued or not. It may be Group Insurance as money collected at a time by the Micro Agent. Death benefit was Rs.30,000/-, maturity benefit of sum assured was Rs.22,690/-, bonus Rs.3,150/-, total maturity value was Rs.25,840/-. Maturity value with Ex-gratia payment Rs.5360/- was calculated for total value payable Rs.31,200/-. Policy number is given 493048968 but surprisingly the policy itself not placed before the Forum by the complainant or by LICI. Micro Agent also failed to produce any documents or evidence to support that they have no deficiency of service. In 5 years total payment was for Rs.30,000/-. The bonus is calculated at only 1.04 times. 

8.        In the policy some amount might be paid against the life covering. What amount was paid for covering the life not clearly stated by Insurance company or the complainant. On payment of Rs.30,000/- in 5 years only Rs.12,00/- was paid as bonus and Ex-gratia. How it is calculated not clearly stated by micro agent or the LICI. There was delay in payment of matured amount. The policy was matured on 13.10.15 but in 2 installments Rs.31,200/- was paid on 03.02.16. The reasons for delay in payment of matured amount not clearly stated. LICI shifted the responsibility to the Micro Agent of LICI. So for the deficiency of service of Micro agent of LICI is to bear the responsibility. As per the principles of vicarious liability LICI can not avoid responsibility in regard to deficiency of service of their micro agent. However, in this case petitioner failed to give any cogent evidence to support what was his actual claim. What amount they actually expected and on what ground not clearly stated. We therefore, not in a position to assess the damage though some deficiency of service by LICI is detected. We therefore, direct the O.P. LICI to pay compensation Rs.10,000/- to the petitioner for the deficiency of service and also Rs.2000/- for cost of litigation. In total Rs.12,000/- is to be paid to the petitioner in addition to the amount already paid. Accordingly, the two points are decided.

9.        In view of our above findings this case U/S 12 filed by the complainant is partly allowed. We direct the O.P. No.1, 2 and 3, LICI shall pay compensation Rs.10,000/- + Rs.2000/- to the petitioner within 2 months if the amount is not paid it will carry interest @ 9% P.A. 

                     Announced.

SRI A. PAL
PRESIDENT,
DISTRICT CONSUMER  DISPUTES 
REDRESSAL FORUM,
WEST TRIPURA,  AGARTALA.

 

 

SMT. DR. G. DEBNATH,
MEMBER,
 DISTRICT CONSUMER DISPUTES 
REDRESSAL FORUM, 
WEST TRIPURA, AGARTALA    SRI U. DAS
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.