DATE OF FILING : 31-07-2013. DATE OF S/R : 26-08-2013. DATE OF FINAL ORDER : 15-01-2014. Smt. Baby Pal, wife of late Dulal Chandra Pal, resident of Village & P.O. Salap, P.S. Domjur, District – Howrah.--------------------------------------------------------------- COMPLAINANT. - Versus - 1. Senior Branch Manager, L .I.C, of India, Domjur Branch, P.O. & P.S. Domjur, District – Howrah, PIN – 711405. 2. Senior Divisional Manager, L.I.C. of India, 16, Haire Street, Rallies Building, Kolkata – 700 001.---------------------------------------------------OPPOSITE PARTY. P R E S E N T President : Shri T.K. Bhattacharya, M.A. LL.B. WBHJS. Member : Shri P.K. Chatterjee. Member : Smt. Jhumki Saha. F I N A L O R D E R 1. The instant case was filed by complainant U/S 12 of the C.P. Act, 1986 wherein the complainant has prayed for direction upon the o.ps., LICI to release the Heridity Commission of her husband late Dulal Chandra Paul for the period 2012-13 as her husband, who was an agent of the LICI, expired on 27-03-2012 in a road accident at Salap, P.S. Domjur. The complainant also prayed for compensation to the tune of Rs. 1 lakh for causing mental pain and agony together with litigation costs separately. 2. The o.p. LICI in the written version contended interalia that the complainant is not a consumer within the meaning of Consumer Protection Act, 1986; that late Dulal Chandra Pal used to issue fake money receipt behind the back of the O.Ps.; that the said Dulal Chandra Pal, since deceased had caused severe monetary loss of the company by his illegal activities. So the complaint should be dismissed. 3. Upon pleadings of both parties two points arose for determination : i) Is there any deficiency in service on the part of the O.Ps. ? ii) Whether the complainants are entitled to get any relief as prayed for ? DECISION WITH REASONS : 4. Both the points are taken up together for consideration. Admittedly late Dulal Chandra Pal, the husband of the complainant, was an agent of the O.P. organization. The enclosure dated 28-04-2012 issued by the Chief Branch Manager, LICI, showing the tax deduction at source to the tune of Rs. 77,599/- clearly show that he was an agent of the LICI and the tax as above was deducted from his income of Rs. 7,85,661/-. The death certificate dated 03-04-2012 confirms that Dulal Chandra Pal died on 27-03-2012. Since the O.P. authority deducted tax at source from his income, it is immaterial whether his wife, the complainant is a consumer within the meaning of the definition of Section 2(d)(1)(2) of the Consumer Protection Act, 1986 or whether Dulal Chandra Pal was responsible for any monetary loss of the o.p organization. It is palpable from his income tax deduction statement that Dulal Ch. Paul was a very busy agent of the LICI. On his death the Heridity Commission is definitely due to the complainant. The O.P. organization cannot have any respite from the rigours of law. We are, therefore, of the view that this is a fit case where the prayer of the complainant shall be allowed. Both the points are accordingly disposed of. Hence, O R D E R E D That the C. C. Case No. 262 of 2013 ( HDF 262 of 2013 ) be and the same is allowed on contest with costs against the O.Ps. The O.Ps. be directed to release the Heridity Commission together with statutory interest for the period 2012-2013 as accrued to Dulal Chandra Pal, since deceased within 30 days from the date of this order The complainant is also entitled a compensation to the tune of Rs 50,000/- from the O.Ps. for mental pain, agony and prolonged harassment. The complainant is also entitled to a litigation cost of Rs. 3,000/- from the O.Ps. . The complainant is at liberty to put the decree into execution after expiry of the appeal period. Supply the copies of the order to the parties, as per rule. DICTATED & CORRECTED BY ME. ( T.K. Bhattacharya ) President, C.D.R.F.,Howrah. | 
