1.                     The brief history of the case of the complainant is that he purchased an Insurance Policy namely SBI Life Scholar bearing No.04002702001 dt.24.03.2004 for Rs.1.00 lac due 15 years with quarterly instalment to be paid to OP.1.  It is submitted that after full 15 years the complainant is entitled to get 1^st survival benefit instalment amounting to Rs.25, 000/- on 23.06.2019 as per policy terms but after repeated requests to the Ops, the complainant is yet to get the benefit.  Thus alleging deficiency in service on the part of the Ops, he filed this case praying this Commission to direct the Ops to effect immediate payment of survival benefit amounting to Rs.25, 000/- with interest @ 18% p.a. and to award exemplary compensation and cost in favour of the complainant.

2.                     The Ops filed counter in joint contending that the complainant had applied for SBI Life Scholar Policy vide Proposal No.04294390 dt.24.03.2004 the beneficiary of which is Master Akshya Kumar Lenka and the date of birth of the beneficiary child was mentioned as 26.04.2001 which means beneficiary had completed 2 years of age at the time of proposal.  It is contended that the Policy No.04002702001 was issued with date of commencement 23.06.2004 and the term of the policy was 19 years (being 21 minus Child Age 2 years) and the premium paying term was 16 years ( being 18 minus Child Age 2 years) and the quarterly premium was Rs.2050/- for a sum assured of Rs.1.00 lac.  The Ops further contended that due to technical error, the last premium was wrongly mentioned as 23.03.2019 (premium term as 15 years) and the date of 1^st survival benefit instalment was mentioned as 23.06.2019 but the complainant is required to pay 16^th year premium which were due on 23.06.2019, 23.09.2019, 23.12.2019 & 23.03.2020 and thereafter the 1^st survival benefit will be payable from 23.06.2020.  With these and other contentions admitting the technical error the Ops prayed to dismiss the case of the complainant.

3.                     Both the parties have filed certain documents and the Ops filed affidavit in support of their cases.  Heard from the complainant and the A/R for the Ops and perused the materials available on record.

4.                     In this case it is an admitted fact that the Ops have issued Scholar Policy No.04002702001 dt.23.06.2004 as per Proposal No.04294390 dt.24.03.2004 in favour of the complainant under which the beneficiary Child is Master Akshya Kumar Lenka for a SA of Rs.1.00 lac with quarterly premium of Rs.2050/-.  The case of the complainant is that the policy was for 15 years and the last instalment falls on 23.03.2019 for which as per policy condition, the complainant is entitled to get 1^st Survival benefit of Rs.25, 000/- on 23.06.2019 but the Ops did not pay it.  Hence this case.

5.                     The Ops stated that the policy document has got wrongly printed and the due date of last premium under the policy is wrongly mentioned as 23.03.2019 (premium term as 15 years) and the date of 1^st S.B. is mentioned as 23.06.2019.  The Ops stated that the policy matures when the beneficiary child attains the age of 18 years.  As the child at the time of taking policy was only of 2 years old, the premium paying term is to be for 16 years but it was wrongly printed as 15 years in the policy document.  Hence the complainant is to pay premium for another one year and the date of maturity falls on 23.06.2020.

6.                     We have carefully gone through the policy documents.  On the date of proposal the age of the child was 02 years 10 months and 28 days.  Further on the date of commencement of the policy i.e. 23.06.2004, the beneficial child has already over 3 years of age.  The Ops stated in their counter regarding technical error in the policy document but in our opinion it cannot be a technical mistake as because the complainant had submitted proposal and it was kept with the Ops for 3 months before it was accepted.  After giving due concurrence to the age of the beneficiary the proposal has been accepted taking into consideration that the child is of 3 years average.  Had the Ops corrected it within a year, the matter would have been different.  In this case, the Ops accepted premiums for all 15 years and the complainant has also deposited the premiums with a hope that his policy will be matured on the date as mentioned in the policy document but when the policy matured and the complainant approached the Ops for 1^st survival benefit, the Ops took plea of different nature.  This is not acceptable under any law.  The entire policy document cannot be treated as technical error at this point of time and as such we safely hold that the complainant is entitled for 1^st survival benefit on 23.06.2019 as mentioned in the policy document.  Further by not paying the 1^st survival benefit in time, the Ops in our view have committed deficiency in service but in the peculiar facts and circumstances of the case, we are not inclined to grant any compensation or cost in favour of the complainant.  However, complainant is entitled for interest on the survival benefit from the date of maturity.

7.                     Hence ordered that the complaint petition is allowed in part and the Ops being jointly and severally liable are directed to pay Rs.25, 000/- towards 1^st survival benefit with interest & 12% p.a. from 23.06.2019 within 30 days from the date of communication of this order. Parties are left to bear their own costs.

(to dict.)