West Bengal

Paschim Midnapore

CC/84/2012

Badal Chandra Bera - Complainant(s)

Versus

Sr. Divisional Manager, Life Insurance Corporation of India - Opp.Party(s)

05 Mar 2013

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

 

Complaint case No. 84/2012                                                                                         

 BEFORE : THE HON’BLE PRESIDENT :  Mr. K. S. Samajder.

                                                      MEMBER :  Mrs. Debi Sengupta.

                                                      MEMBER :  Mr. Kapot Chattopadhyay.                                                     

   

                  Badal Chandra Bera, S/o-Late Upendra Nath Bera…..………Complainant.

                                                              Vs.

           Sr. Divisional Manager, Life Insurance Corporation of India, Kharagpur

           Division & Others………………..…… ……Ops.

 

     Order No.12                                                                       Dated 05/03/13                         

 

              Both the parties file hazira. Today the case is fixed for hearing. The case is taken up for hearing.

             Hd. Both sides.

              Admitted position is that the complainant is a policy holder under the Op. no.1 under money back policy and in August,2008 the complainant was entitled to get Rs.10,000/-(ten thousand) only as money back. The Ops. in their written objection clearly stated that vide cheque no.0057014 dated 28/10/2008, the said amount of Rs.10,000/- was paid to the complainant and the cheque was duly encashed.

              Today the Ld. Lawyer for the Ops. has filed a letter of the Op. no.1 addressed to him alongwith the status report of the policy in question. Wherefrom it appears that there was miscommunication regarding the fact of payment as stated in the written objection and it occurred due to mistake and now after detection of the mistake the Op. have made a fresh payment by cheque no.404548 dated 26/02/2013 for Rs.13,467/-(thirteen thousand four hundred sixty seven) (Rs.10,000/- interest of Rs.3,467/- for the delay period) Ld. Lawyer for the complainant has admitted the fact of receipt of cheque of Rs.13,467/- from the Ops. and fairly submitted that he has nothing to submit more or regards the payment of interest but he submitted

Contd………….P/2

 

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that since the complainant has suffered a lot and had to rush to this Forum the Ops. may be directed to pay litigation cost.

              We have given due consideration to the facts and circumstances to this case. After hearing the Ld. Lawyer for both the parties and considering the harassment of the complainant we think that the complainant should be awarded litigation cost which he had to incur for approaching this Forum.

               Accordingly it is ordered that the case be disposed of in terms of above findings. But the Ops. are hereby directed to pay to the complainant a sum of Rs.1,000/-(one thousand)  towards litigation cost. Such amount to be paid within 30 (thirty) days from this day otherwise the amount shall carry interest at the rate of Rs.9% p.a. from this date till realization of the total amount.

              Parties be supplied with the copies of the order free of cost.  

 

                       Sd/-                                      Sd/-                                                  Sd/-

                   Member                               Member                                           President      

                                                                                                                    District Forum

                                                                                                                 Paschim Medinipur.