ORDER

20.02.2018

Smt. Renu Sinha, Member (F)   

                               The present appeal has been filed against the order dated 02-08-16, passed by the District Forum, Motihari, East Champaran, in Complaint case No. 109/2013, wherein the complaint case stood dismissed.

 2.                   The complaint case filed by complainant alleging deficiency in service on part of O.P LIC and O.P Bank stating that the LIC policy of the complainant sum of Rs. 1 lakh became lapsed due to nonpayment of premium and in process to get it revived in years 2013 came to know about surrender of said policy and withdrawal of amount already as the policy bond paper kept in bag travelling on bicycle got lost on 15-08-18 and in this regard filed informatory petition on 21-02-09, but when get no relief from ops, filed complaint case. The District Forum after hearing the parties and on consideration of materials as evidence filed by ops LIC and the op bank, having found the policy of complaint in question was in lapsed condition and the said policy was under security to op bank against the sanctioning of loan to op no. 3 Binod Kumar in year 2006 since then the said policy bond lost on 15-08-08 as wrong and accordingly passed the impugned order dismissing the complaint.

3.                  Being aggrieved with the impugned order passed by District Forum, the appellant/complainant has come in appeal stating that the policy bond for sum of Rs. 1 lac got lapse due to further nonpayment and while revival in year in year 203 came to know about his bond already surrendered and withdrawal of money as the policy paper got lost while traveling by bicycle on 15-08-08 was intimated SDM on 21-02-09 and in view of fact that the loan sanctioned to respondent 3 by using the appellant policy bond bears no signature of appellant or any document and no such clarification was asked by the District Forum for clearance to LIC for the bond. Hence, the impugned order dismissing complaint not proper.

4.                               Heard the counsel for the appellant/complainant and also the respondent no. 2 bank. Nobody appeared for the respondent no. 1. However, the written notes of arguments have been filed by respondent 1 & 2 and appellant already on record. Perused the materials available on record along with impugned order in detail.

5.                    Since the LIC policy in question here was issued in favour of appellant/complainant by respondent LIC for sum of Rs. 1 lakh and it became lapsed due to nonpayment of fixed premium is not dispute and in view of admission of the respondent bank that the said policy bond was kept as security with bank since 2006 against the sanction of loan to Binod Kumar-respondent no. 3 and later on value of policy bond was realized as the respondent 3 failed to repay the loan installment amount of bond was credited into loan account of respondent no. 3 by following the norms of bank and on the other hand the appellant/complainant alleged to have said policy bond got lost in years 2008 while traveling. Under the circumstances, it appears the matters deals with missing of the policy bond which used already in bank as security in section of loan, so the matters involved in case needs proper examination and detail investigation and cannot be adjudicated in summary procedure under the provision of the C.P. Act.

6.                   In view of above facts and circumstances, the order of the District Forum is affirmed and the appeal stands dismissed.

S.K. Sinha               Upndra Jha                                        Renu Sinha

President                  Member (M)                                     Member(F)