SRI BIJOY KUMAR DAS,PRESIDENT:-
Deficiency in service in respect of illegal deduction of monthly insurance premium and non-payment of the total insurance premium paid amount are the allegations arrayed against Ops.
2. Complaint in nutshell reveals that complainant is serving as police Constable, under Kendrapara Police and OP No.2 is the Drawing & Disbursing Officer. Complaint petition reveals that, when complainant came to know that a monthly premium of Rs.162/- has been deducted from his salary by OP No.2 against Policy No.58345365 and remitted to OP No.1 through Govt. Treasury, Complainant, protested the matter before OP No.2, as he had not take any insurance policy against the said policy No. and on enquiry it is found that such deduction and deposit was erroneously from January,2000 to November,2014. It is also revealed from the enquiry that the said policy no. belongs to one Saroj Kumar Muduli, who is serving as a constable under Biramitrapur Police Station(OP No.3). It is further revealed that on the request/protest of the complainant, OP No.2 vide their Office letter No.2554/A dtd. 28.08.2015 addressed to OP No.1 to refund the total premium amount of Rs.28,026/- which was erroneously deducted from complainant’s salary account and wrongly credited against the insurance premium amount of Sanjay Kumar Muduli(OP No.3), but OP No.1 insurance company did not pay any attention to the said letter and further did not take any fruitful step to refund the total premium amount of Rs.28,026/- to the complainant, which gives financial loss and serious mental agony to the complainant. The cause of action of the instant case arose on dtd.24.06.2016, when the OP No.1 over telephonic contact did not respond to the refund of premium amount. Hence, the complaint is filed with prayer that a direction may be issued to OP No.1 to refund a sum of Rs.28,026/- with 12 per cent interest per month and to pay Rs.5000/- as compensation and also prayed for cost of litigation to be paid by OP No.1.
3. Being noticed, OP No.1, Senior Divisional Manager(P),Life Insurance Corpn. Ltd.,OGSSS Deptt. Divisional Office, Cuttack appeared through their Ld. Counsel Mr. R.K.Samal and Associates filed written statement into the dispute denying the allegations of the complainant and submitting the facts it is averred that one Saroj Kumar Muduli,S/o:- Bansidhar Muduli, Vill:-Basudeipur, Po:-Raichand,Dist:-Kendrapara proposes to take a LIC Policy submitted proposal Form No.330 on dtd.31.07.1999 under Endowment Policy Plan, term 14-25 for a sum assured of Rs.50,000/- duly signed by him and witness by Agent, Chandramani Nayak. After verification and completion of official formalities OP-Insurance Corpn. accepted the proposal with ordinary rate of S.S.S. on dtd.31.07.99 and on counter proposal, complainant paid first premium amounting of Rs.324/- on dtd.22.05.99., It is also averred that the Life assured and the LIC entered into a contract by completing the proposal into S.S.S. Policy bearing No.583545365 by adjusting the first premium which was deposited by Life assured in the Branch Office Collection No.525638 under paying authority No. 009830, S.P.,Kendrapara with D.O.C. on dtd.05.08.99. The life assured Saroj Kumar Muduli agreed to pay monthly premium of Rs.162/- from his salary w.e.f. October,1999 by signing the letter of authorization, which was sent to OP No.2 on dtd.11.09.99 and the OP No.2 deducted the monthly premium of Rs.162/- from his salary and remitted to LIC of India from October,1999 to Nov.,2014. The OP-Insurance Corpn. in the written statement describe the terms and conditions of the policy relates to refund of premium, cancellation of policy, maturity along with bonus and in case of surrender of policy. It is also averred that refund of premium is not permissible under the law, if it is not cancelled within a stipulated period of one month from the commencement of policy. In the circumstances, the OP-Insurance Corpn. has not committed any deficiency in service and the complaint is not tenable under the law and same is liable to be dismissed with cost.
OP No.2, Drawing & Disbursing Officer-cum-Deputy Superintendent of Police,Kendrapara on receipt of the notice appeared through Ld. Govt. Pleader and filed written statement by submitting that, the complainant is serving as constable No.322 under the Supdt. of Police,Kendrapara and complaint that he has not taken any LIC policy bearing No.58354365, for which an amount of rs.162/- has been deducted from his salary on every month and remitted to OP No.1 starting from January,2000 to Nov.2014. It is averred in the written statement that, OP No.1-Insurer submitted authorization in term of OGSS Form A for deduction of premium amount from the salary of the complainant and to report it to the OP No.1 through Govt. Treasury and under bonafide belief that the complainant has given authorization for deduction of premium, but said authorization is not traceable in the office of the OP No.2. When the complaint was before OP No.2 by the complainant, OP No.2 vide their Office letter No.2554/A dtd.28.08.2015 requested the OP No.1 to refund the total premium paid amount of Rs.28,026/-, which was erroneously paid to OP No.1 through govt. Treasury. It is further averred that on enquiry, it is found that the Insurance Policy in question stands in the name of OP No.3, and not in the name of the complainant. The OP No.2 also states that, they have no objection if the prayer of the complainant is allowed for refund of premium amount from OP No.1-Insurer.
One,Saroj Kumar Muduli, who was/is also serving as Constable under, Biramitrapur Police Station, Sundargarh is impleaded as OP No.3 and notice was sent to him by this Forum through regd. post with AD, but Sarjoj Kumar Muduli, OP No.3 did not prefer to appear into the dispute, hence set ex-parte vide Order No.15 dtd.19.05,.2017 of this Forum.
4. Heard the arguments advanced by Ld. Counsel for the parties, gone through the complaint and written statement of OPs. In order to substantiate his pleadings, complainant filed documents as per the list, which includes attested photo copies of letter dtd. 28.08.2015 addressed to OP No.1 by OP No.2, Drawing Disbursing Officer, attested photo copies of monthly insurance premium deduction list of salary of complainant, attested copy of RTI replies letter dtd.02.05.2013, dtd.22.05.13, attested photo copy of status report of policy No.58354365 and attested photo copy of salary deduction particulars of complainant. On direction of this Form, OP-Insurance Company filed attested photo copies of proposal Forum and Xerox copy of letter of authorization(OGSS) Form-A dtd.11.09.99. After hearing the arguments and on perusal of documents produced before this Forum, the fact reveals that one Sanjay Kumar Muduli(Complainant) and another Saroj Kumar Muduli(OP No.3) both are the residents of Kendrapara disatrict was/is serving as Constable, under Superintendent of Police,Kendrapara during the year 1999-2000 and said Saroj Kumar Muduli(OP No.3) at the time of institution of the complaint was serving under Biramitrapur Police Station,Sundargarh. Saroj Kumar Muduli(OP No.3) obtained a Life Insurance Policy bearing No.58354365 under salary savings scheme(S.S.S) with a sum assured of Rs.50,000/-, while he was serving under Kendrapara Police Station as it reveals from the photo copies of documents, i.e. proposal form and letter of authorization produced by OP-Insurance Company. It is further revealed from complaint and written statement of OP No.2, the Drawing &Disburshing Officer-cum-DSP, Kendrapara Police and the letter No.2554/A dtd.28.08.15 and the list of monthly premium deduction granted by OP No.2 that an amount of Rs.162/- was erroneously deducted from January,2000 to Nov.2014 and remitted to OP No.1-LIC through Govt. Treasury and deposited against the Policy No.58354365, on the name of the policy holder was/is Saroj Kumar Muduli as monthly premium of the policy.
On the above factual aspect of the dispute, it is abundantly clear that, the complainant Sanjaya Kumar Muduli is neither a policy holder under OP No.1-Corpn. nor the disputed policy No.58354365 against which monthly premiums were deposited from Janaury,2000 to Nov.2014 belongs to complainant. It is also clear from the complaint and written statement of OP No.2, that the monthly premium of the said policy under SSS were erroneously deducted from the salary of the complainant and was remitted to OP No.1-Corpn. through Treasury and deposited against the Life Insurance Policy bearing No.58354365 of Saroj Kumar Muduli(OP No.3) who is the Policy holder till-date.
Now, it is to be decided by this Forum that, whether the complainant is entitle to any relief as prayed for in the complaint for refund of premium amount of Rs.28,026/-, which is to released from OP No.1-Life Insurance Corpn. alongwith other financial benefits on the direction of this Forum ? It is clear from the aforesaid discussions that complainant Sanjay Kumar Muduli is a Stranger to OP No.1,Life Insurance Corpn. so far the insurance Policy No.58354365 is concerned and the said policy issued and granted to Saroj Kumar Muduli (OP N o.3) who as per the terms and conditions of the policy is only entitled to receive the financial entitlements derives from the said policy, any direction for refund of monthly premium as alleged, if granted/allowed in favour of the complainant will be miscarriage of justice as OP No.1-Life Insurance Corpn. has not committed any fault in receipt of the monthly premium amount for the period from January,2000 to Nov.,2014. The deduction of monthly premium from the salary of the complainant, and deposit of the said premiums against the Life Insurance policy of OP No.3, though erroneous, the errors committed and deficiency, if any on part of the complainant’s own internal official matter and complainant’s grievance can be redressed by adopting official procedures. Equally, it is crystal clear that both the complainant, Sanjay Kumar Muduli and Saroj Kumar Muduli are serving as Constable under Deptt, of Home(Police). The authorities concerned has to take appropriate action to refund the erroneous deduction of monthly premiums from the salary of the complainant amounting of Rs.28,026/- and OP No.3 Saroj Kumar Muduli, who was set ex-parte by this Forum shall co-operate the authorities for refund of premium amount to the complainant.
Having observations reflected above, it is directed that OP No.2, Drawing & Disburshing Officer-cum-Deputy Superintendent of Police, Kendrapara shall take effective steps to refund complainant’s erroneous premium deduct amount of Rs.28,026/- within three months of receipt off this order. It is further directed that OP No.3, Saroj Kumar Muduli shall extend his full co-operation to the authorities for smooth refund of complainant’s premium amount, failing which action will be initiated against the defaulting parties for non-compliance of the order as per the provisions of C.P.Act,1986.
The complaint is allowed in part without cost.
Pronounced in the open Court, this 9th day of November,2017.
I, agree. I, agree.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
