DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
PATIALA.
Consumer Complaint No. 190 of 2.9.2015
Decided on: 10.5.2017
Sinder Kaur wife of Nashabar Singh resident of Dardi Colony, near Namkeen Factory, Street No.1, Samana Tehsil Samana, District Patiala.
…………...Complainant
Versus
1. The Manager, Life Insurance Corporation of India, Branch Office near Bus stand Samana, Tehsil Samana, District Patiala.
2. The General Manager, Life Insurance Corporation of India, 3046 Jeewan Parkash Building Sector 17-B Opp. K.C.Cinema, Chandigarh.
3. Karam Chand Chawla, C/o Chawla Enterprises near Post Office, Samana Tehsil Samana District Patiala.
…………Opposite Parties
Complaint under Section 12 of the
Consumer Protection Act, 1986.
QUORUM
Smt. Neena Sandhu, President
Smt. Neelam Gupta, Member
ARGUED BY:
Sh.H.P.S.Tatla,advocate, counsel for complainant.
Sh.Amit Kumar Bedi,Advocate, counsel Ops No.1&2
ORDER
SMT.NEENA SANDHU, PRESIDENT
Smt. Sinder Kaur has filed this complaint under Section 12 of the Consumer Protection Act,1986 ( hereinafter referred to as the Act) against the Opposite Parties (hereinafter referred to as the O.Ps.) praying for the following reliefs:-
- To pay the maturity amount of both the policies alongwith interest @18% P.A.
- To pay Rs.1,00,000/- as compensation on account of mental agony and physical harassment
- To grant any other relief which this Forum may deem fit.
2. In brief, the case of the complainant is that on 24.3.2006, she purchased insurance policy bearing No.162994198, under table No.175-09-1 by depositing single premium of Rs.2,47,889/- in lump sum, with the maturity value of Rs.3,55,000/- to be matured on 24.3.2015. She also purchased another insurance policy bearing No.162994199 under table No.175-09-01 by paying single premium of Rs.2,51,381/- on 24.3.2006 with the maturity value of Rs.3,60,000/- on 24.3.2015.The said policies were purchased through Op no.3. She being an illiterate lady, OP no.3 got her thumb impressions on some blank papers at the time of taking the policies and handed over the original policies to her. After maturity, she approached OP no.1 for getting the maturity value of the said policies but OP no.1 told her that there was nothing due from them against the said polices. She immediately approached Op no.3 but the OPs intentionally and willfully lingered on the matter on one pretext or the other and failed to pay the maturity amount. She also got issued a legal notice dated 9.7.2015 against the OPs but to no effect. She also moved an application to SSP, Patiala in this regard but all in vain. Due to this act of the OPs, she is suffering from mental agony, physical harassment as well as monetary loss. Hence this complaint.
3. Cognizance of the complaint was taken against Ops no.1&2 who on put to notice appeared and filed their written version. It is admitted that the complainant initially bought the above said two insurance policies from them. It is also stated that the complainant had seven insurance policies in total and all the sums due to the complainant under the policies have duly been paid except one of policy No.162994199. The said payment has been withheld as the complainant failed to complete necessary formalities. It is stated that they are ready to make the remaining payment but on the completion of the formalities by the complainant. The OPs denied all other averments made in the complaint and have prayed to dismiss the complaint.
4. In support of the case, the ld. counsel for the complainant tendered in evidence Ex.CA affidavit of the complainant alongwith documents Exs.C1 to C8 and closed the evidence.
The ld. counsel for the OPs tendered in evidence Ex.OPA, affidavit of Sh.Gulshan Kumar, Branch Manager LIC,Samana alongwith documents Exs.OP1 to OP8 and closed the evidence.
5. We have heard the ld. counsel for the parties and have also gone through the record of the case, carefully.
6. From the perusal of copies of policies Exs.C1& C2, it is evident that complainant purchased policies bearing Nos. 162994198 and 162994199. The grievance of the complainant is that the Ops refused to pay the maturity amount of the aforesaid policies. On the other hand, the stand of the Ops No.1&2 is that the complainant had taken loan against the policy Nos. 162994198 & 162994199 and further purchased other polices with the said loan amount, out of which some of the insurance policies were surrendered and accordingly, due amount has already been paid to her through NEFT. However, the payment of the maturity amount towards policy No. 162994199 is pending for want of discharge form from the LA. To corroborate this fact, the Ops placed reliance on the excel sheet,Ex.OP8. However, no document has been placed on record by the Ops no.1&2,to show that any request was made by the complainant for taking the loan against the aforesaid policies. Even the O,Ps. No.1&2 have not placed on record the documents through which they disbursed the loan amount to the complainant. Although in the excel sheet it is mentioned that the loan amount was disbursed through cheques yet copies of cheques/bank statement have not been placed on record . In the absence of any documentary evidence, we hold that the plea taken by the Ops No.1&2 that the complainant had taken loan against the said two policies is baseless and as such the Ops are liable to pay the maturity amount to the complainant for the aforesaid two policies. The Ops are also liable to pay compensation for the mental agony and physical harassment suffered by the complainant alongwith litigation expenses.
7. In view of the aforesaid discussion, we allow the complaint and direct the Ops No.1&2 in the following manner:
- To pay the maturity amount of policies bearing Nos. 162994198 & 162994199 alongwith interest @7% per annum from the date of maturity till realization.
- To pay Rs.20,000/- as compensation on account of mental agony and physical harassment
- To pay Rs.10,000/- as litigation expenses
The Ops No.1&2 are further directed to comply the order within 45 days from the date of the receipt of the certified copy of the order. Certified copies of this order be sent to the parties free of cost under the Rules. Thereafter, file be indexed and consigned to the Record Room.
ANNOUNCED
DATED:10.5.2017
NEENA SANDHU
PRESIDENT
NEELAM GUPTA
MEMBER
