JUDGEMENT

          Complainantby filing this complaint has submitted that he had a policy being No. 559465964 dated 12.09.1984 in respect of Salary Scheme Policy for payment of monthly payment premium of Rs.84.30 per month which had been started on and from 23.07.1984 through L.I.C.I. Naihati Branch when complainant was posted at Bengal Fine Spinning Waiving Mills, an unit of National Textile Corporation (Govt. of India) and the maturity date of the said policy was on 12.09.2004 and the sum assured was Rs.15,000/-.

          But subsequently as because the complainant’s service was transferable and he was posted at another unit of National Textile Corporation at Rampuria Cotton Mills as per service Rules and from time to time the complainant has duly intimated to the LICI Authority on 03.12.1986.  Complainant main grievance is that it is the duty of op to deduct the installment amount from the salary and to deposit the same in the account of the op.  But complainant was surprised to know that due to non-payment of premium from December-1987, the said policy had been lapsed.

          Thereafter the complainant requested the op for revival of the policy so that the complainant would get the income tax benefit.  Thereafter complainant visited LIC Office at Kalyani Branch and Naihati Branch but the op could not trace out the said policy and they advised to the complainant to write Divisional Manager (SSS) LIC at 22 CR Avenue, Kolkata-700072 and complainant was further shocked and surprised by two letters dated 02.03.2012 issued by LICI (SSS) and also on 20.04.2012 issued by AAO/Claim/LICI Kalyani Branch respectively and op advised the complainant that they were not in position to pay the maturity amount without the order of competent court or authority of law.  Thereafter complainant served a legal notice through his lawyer to make a payment of Rs.75,000/- but they failed to make any payment.  So, op committed breach of service and for which complainant is entitled to compensation as prayed for the laches on the part of the op.

          On the contrary op by filing written version has submitted no doubt policy being No.SSS9465964 was commenced on and from 12.09.1984 subject to payment of monthly premium of Rs.84.30 per month and maturity date was 12.09.2004 and sum assured was Rs.15,000/- .  But fact remains that it was Salary Scheme Policy.  So, deduction must be made by the policy holder through his employer and it must be deposited by the employer monthly basis to the account of the complainant against the said policy.

          But truth is that complainant did not continue it and it is evident from his own admission in the complaint and also it would be evident from the letter of the complainant dated 18.02.2012 where he has admitted that their employer stopped payment of premium from December, 1987 and he has also admitted that the policy had been lapsed due to non-payment.  Further it has submitted that after lapse of the policy as per complainant version on and from December-1987, complainant did not take any step for revival and in the meantime several years already expired.  So, there is no question of revival of the policy and at the same time there is no scope to get benefit of the said policy and further op has submitted that the entire file of the payment in respect of the said policy has been destroyed long back in the year 1988-89 and so there is no paper to show what happened after that.

          But truth is that policy lapsed in the month of December-1987.  So, complainant’s present case is barred by limitation and there is no question of any payment and at the same time it is submitted by the op that the complainant is not entitled to get the maturity amount and also is not entitled to any further compensation for which the complaint should be dismissed.

                                                  Decision with reasons

          After studying the entire complaint, it is found that it is a very peculiar case because complainant has admitted in his own complaint and also in his letter dated 18.02.2012 that his policy lapsed due to non-payment on and from December-1987 and at the same time from the complainant’s own document i.e. article and the letter dated 25.03.1991 it is found that National Textile Corporation Unit Bengal Fine Spinning Waiving Mills reported that the Divisional Manager (SSS) LIC at 22 CR Avenue, Kolkata-700072 that policy holders have discontinued their policy right from December-1986.  Hence, no recovery was made after 1987 but from that letter it is also found that some deduction had not been deposited for the period December-1986 and November-1987 and that amount was sent by cheque by the company on 25.03.1991.

          So, considering that letter of the employer of the complainant, it is also proved that employees i.e. policy holder discontinued their policy right from December-1987.  So, it is proved that complainant has also admitted that policy lapsed after December-1987.  Thereafter complainant did not take any step for revival, when that is the fact, then it is clear that there was no laches on the part of the insurance company because it is not the duty of the insurance company to direct the employer of the complainant for sending the money after deducting it from the salary of the employees.  But it is the duty of the insured to take all such positive step to send his premium monthly to the insurance company against his policy through their employer.  But from the letter of the employer dated 25.03.1994 it is proved that policy holder discontinued their policy right from December-1997, then it is clear that complainant did not continue the policy willingly and discontinued to pay premium.

          In the above situation after lapse of 25 years, complainant appeared before this Forum for relief because this complaint was filed initially on 28.09.2012.  so, invariably it is not possible for the op Insurance company to pay because after lapse of 25 years it is not possible from any multi-national company in India to keep such record.  At the same time for the sake of the argument if it is accepted that the complainant paid certain amount @ Rs.84.30 per month starting from July 1984 and continued to pay till December-1987, in that case total premium amount is Rs.3540/- and no doubt the said premium paid up to 42 months and if for the sake of the argument if it is accepted the said amount was received by the LICI in that case invariably complainant is entitled to return back the said but what has been deposited against the lapsed policy and it is to be mentioned that it is a social insurance act and social legislation for which social approach must be there and considering that fact we are convinced that at best the insurance company shall have to return the said amount of Rs.3,540/- (total deposited premium for 42 months) along with composite interest of Rs.2,500/- i.e. total Rs.6,040/- to the complainant and this order is being passed only on the ground of equity and brashing aside all technicalities of this case and it is the settled principal of law in case of insurance policy all technicalities should be avoided as far as practically to give some social justice to the insured.

          So, in the present context we are allowing this complaint by taking a social approach and applying our moral values for determining such dispute of the consumer though we are assured that there was no negligence or deficiency on the part of the Insurance Company in view of the fact that this policy lapsed long back in the month of December-1987 and thereafter complainant sat idle.

          Accordingly, complaint succeeds in part.

          Hence, it is

                                                           ORDERED

          That the complaint be and the same is allowed on contest against the ops with cost of Rs.1,000/-.

          Ops are directed to pay a sum of Rs.6,040/- to the complainant at once within one month from the date of this order failing which for non-compliance of Forum’s order and for any reluctant attitude on the part of the Insurance Company, op shall have to pay punitive damages @ Rs.100/- per day till full satisfaction of the decree.  It is to be mentioned in this regard that any other relief is granted in view of the fact in this case there was several technicalities in the present complaint and ops have no fault or negligence or deficiency on their part.

          Ops are directed to comply the order otherwise penal procedure shall be started against them for implementation of this order for which they shall be further imposed penalty.