IN THE COURT OF DISTRICT CONSUMER DISPUTE REDRESSAL
COMMISSION WEST SINGHBHUM AT CHAIBASA
Present: - 1. Sri Vijai Kumar Sharma, President,
2. Sri Rajiv Kumar, Member,
3. Smt. Deoshree Choudhary, Member.
C. C. Case No. 20/2015
Chaibasa, Dated 02.09.2022
Sanjay Kumar Rai son of Raj Nandan Rai resident of Judge Colony Nimdih, P.O. & P.S. Chaibasa Sadar, District West Singhbhum, Jharkhand….................Complainant
Vs.
SBI Life Insurance Co. Ltd. …………………………………..Opposite Party
Advocate for Complainant………........Sri S. C. Mishra, Advocate.
Advocate for Opposite Party…….....…Sri D. Vishwkarma , Advocate.
JUDGMENT
This case has been filed by the complainant Sanjay Kumar Rai son of Raj Nandan Rai resident of Judge Colony Nimdih, P.O. & P.S. Chaibasa Sadar, District West Singhbhum, Jharkhand against O.P. SBI Life Insurance Co. Ltd. for an award of Rs.272500.00 including compensation towards physical and mental harassment showing deficiency in service.
Briefly stated case of the complainant, named above, is that he has obtained one SBI Life Insurance Policy by Policy No. 18001284206SBI Life Insurance Co. Ltd. registered corporate office, First Floor Vinayak Apartment 589/A, Ward 3C (Old) Kadru infront of the North Hospital Ranchi including Suraj Kumar Sinha and Anuj Kumar Chief Progressive Officer and Executive (Operation). Further that his policy maturity date was 31st March 2015 and he has completed all formalities to receive the maturity amount in the month of February 2015 and O.Ps had to pay the maturity amount to the complainant by 31st March 2015 but the same was not done till 31st March 2015 rather Rs.172500.00 was transferred in the account of complainant by the O.P. on 16th April 2015. Further case of the complainant is that since maturity amount was paid by the O.P. after passing of 15 days therefore O.Ps. had to pay interest on the maturity amount which was not done despite several correspondence made by the father of the complainant on 20.04.2015 and reply was given by the O.P. in which it has been mentioned the grievance has been referred to the Redressal Officer but complainant’s grievance was not redressed despite several visit of complainant in Ranchi, due to which complainant suffered mental and economical harassment and he is entitled for mental and physical harassment including economic loss and he is entitled for compensation and finally case has been filed by the complainant for total award of Rs.272500.00 including Rs.100000.00 as compensation towards mental and physical harassment.
After admission notice was issued to the O.P. who have appeared through one Dhananjay Kumar representative of O.P. and show-cause has been filed with intention to contest the case. Show-cause filed on behalf of O.P. reveals that complainant has got no cause of action for the instant case because there is no deficiency of service caused on behalf of the O.P. and case should have also not been filed under the provision of Consumer Protection Act and grounds of territorial jurisdiction has also been taken on behalf of the O.Ps. Further argument has been made on behalf of the O.P. that policy taken by the complainant from the O.P. is genuine and its maturity value amounting to Rs.172567.00 was paid to the complainant vide direct credit to complainant’s account on 16.04.2015 which is duly admitted to have received by the complainant. Further that an amount of Rs.794.00 was also paid by the O.P. to the complainant towards interest for the period of 16 days i,e. from 31.03.2015 to 16.04.2015 vide direct credit to complainant’s account on 26.05.2015 vide UTR No.CT5883600800093. Further that as the answering O.Ps. had paid the interest also for the period for 31.03.2015 to 16.04.2015 therefore the grievance of the complainant is redressed and demand of the complainant to pay Rs.100000.00 by the O.P. is not maintainable. Further that since O.Ps. have already discharged their contractual obligation under the Policy by paying the maturity value as per the terms and conditions of the Policy including interest for 16 days, so rights benefits and interest under the Policy shall extinguish, so complainant has got no cause of action for the instant case and case should be dismissed in toto.
In support of the written statement affidavited evidence has been filed by representative Dhananjay Kumar on behalf of O.P. and photocopy of some letters including Policy and relevant provisions of Insurance Regulatory and Development Authority of India (IRDA) has also been filed on behalf of O.Ps. on the other hand complainant has not filed any affidavited evidence in support of his case rather photocopy of the correspondence made on behalf of the complainant has been filed. Above documents and affidavited evidence shall be discussed at the time of giving finding in this case.
FINDING
On perusal of the pleading of the parties we find that following things are admitted facts in this case:-
1. Purchase of policy number 18001284206 by the complainant from the Opposite party.
2. Date of maturity i.e 31.03.2015.
3. Amount of maturity i.e Rs: 172500/-
4. Payment of maturity amount by the Opposite party in the Bank account of the complainant.
5. Payment of interest from 31.03.2015 to 16.04.2015 i.e Rs. 794.00 @10.5 percent per annum through UTR no. CT5883600800093 on 26.05.2015.
On perusal of the complaint petition it appears that in the prescribed format in para 5 Complanant has made averement that Opposite party has not paid interest of 15 days for Rs. 172500/- and he has also raised a complaint that since 15 days interest has not been paid by the Opposite party, so he has suffered mental harassment and finally he has filed this case for realizing of the interest amount of 15 days as well as compensation towards mental and physical harassment mentioning Rs. 1 lakh only.
It is worthy to mention that to prove the fact about mental and physical harassment the complainant has neither adduced his affidavited evidence nor any documentary evidence in this case. Although instant case was fixed at the stage of complainant evidence for more than 2 years. Further that Complainant has stopped taking steps in this case on several dates without assigning any reason. Further that on perusal of the case record we find that the complainant has filed instant case before this Forum (Commission) on 11.06.2015, while Written Statement filed on behalf of the Opposite party goes to show in para 2 of the preliminary objection that averment has been made that for the period 31.03.2015 to 16.04.2015 interest of Rs. 794.00@10.5 per annum has been deposited by the Opposite party in the Bank account of complainant vide UTR No. CT5883600800093 on 26.05.2015 which has not been denied by complainant after receiving of written Statement. So, it is Cristal clear that so far as claim regarding interest during the period 31.03.2015 to 16.04.2015 has already been redressed by the Opposite party in favour of the complainant but so far as compensation amount is concerned, there is lack of affidavited evidence and documentary evidence of complainant on the record, so we are of the view that complainant has not proved his case regarding compensation amount, so, finally we are of the view that in this case complainant is not entitled to any relief rather instant case is fit for dismissal.
Accordingly it is therefore
ORDER
That the case of the complainant is dismissed on contest but without cost. Let copy of this judgment be furnished to both parties free of cost for their information.
(Rajiv Kumar) (Smt. Deoshree Choudhary) (Vijai Kumar Sharma)
Member Member President
