BEFORE THE COURT OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, DEOGARH
CD Case No- 44 /2018
Present- Sri Dipak Kumar Mahapatra, President and Smt. Arati Das, Member.
Hrudananda Pradhan,aged about 52 years,
S/O-Bhagirathi Pradhan,
At-Vill-Mahasindhu(B),P.O-Tinkbir,
P.S-Reamal,Dist-Deogarh. … Complainant
Versus
- The Branch Manager,
Life Insurance Corporation of India.
Sambalpur Division,
P.S/Dist-Sambalpur,Odisha.
- The Branch Manager,
Life Insurance Corporation of India.
Cuttack Division,
Dist-Cuttack,Odisha. … Opposite Parties.
For Complainant- Nemo
For O.Ps - Sri Pramathesh Guru,Advocate,Deogarh.
DATE OF HEARING: 20.06.2019, DATE OF ORDER: 21.06.2019.
Sri Dipak Kumar Mahapatra, President-Brief facts of the case is that the Complainant has availed an Insurance Policy plan i.e “Marriage Endowment/Education Annuity Plan with profit with Accident benefit” in his name vides policy no-582895680 where his son is the nominee. This Policy was issued under Salary Savings Scheme of the LIC of India and as such, the premiums were being recovered from salary and remitted to the designated office of LIC of India by the employer from time to time and the statement of deductions were sent to the O.P-1 by the Drawing officer and Head Assistant of the above office. The policy was due for maturity value payment on dtd.15.10.2017, but the Insurer LIC of India, did not settle the claim. He came to know, on a personal inquiry with the Insurer, that the premiums received were not locatable as he has been transferred to other place during his job and not informed to the O.Ps(Insurer),hence he was asked to provide details of the places and the period for which he worked at each place, so as to locate and update the premium payments. Although he submitted details as sought by the Insurer and kept following-up with the Insurer right from July 2018, the Insurer did not settle the claim in spite written communication made to the O.P-1. But according to the O.Ps due to non-submission of deduction certificate the gaps are not adjusted for which the O.Ps could not be able to pay the maturity amount timely. After submission of deduction certificate by Life Assured and adjustments of the status and obtaining permission from the Division Office (claim department), the claim amount was paid. The O.Ps have recalculated the claim amount and the said amount has been transferred to the Saving bank account of the Complainant through two vouchers on the same day i.e on dtd. 28.01.2019, amounting to Rs.29,312 and Rs. 5,888/- credited on dtd. 31.01.2019.
POINTS OF DETERMINATION:-
- Whether the Complainant is comes under the purview of Consumer Protection Act.1986?
- Whether the O.Ps has committed any Deficiency in Service to the Complainant?
From the above discussion and materials available on records we inferred that the Complainant is a consumer as he has purchased a policy in his name from the O.Ps. The O.Ps noticed that there is a technical problem in the policy in relation to non-submission of deduction certificate by the employer timely. The delay was due to tracking of premiums received and accounting there-of as the policy was under salary savings scheme.
In view of the facts and circumstances of the case and on the basis of documents submitted and also the submission made by the parties that the O.Ps (Insurer) has already settled the maturity claim along with penal interest for the delay in payment and the saving bank account of the Complainant confirms the receipt thereof, there is no reason to proceed further in the case. That the allegations made against the O.Ps are not established. Hence they are set free from all charges. The complaint petition is disposed off accordingly.
Judgment pronounced in the open Court today i.e, on 21st day of June-2019 under my hand and seal of this Forum.
Office is directed to supply copies of the Order to the parties free of costs receiving acknowledgement of the delivery thereof.
I agree,
MEMBER. PRESIDENT.
Dictated and Corrected
By me.
PRESIDENT.
