Present       (1). Nisha Nath Ojha,

       President.

                                   District & Sessions Judge (Retd.)

                    (2). Sri Sheo Shankar Prasad Singh,

       Member

Date of Order: - 30.03.2015

ORDER

Sheo Shankar Prasad Singh

1. The complainant moved before this Forum for directing the Opposite parties to pay the complainant:-

1. Rs. 18,908.00(Eighteen thousand, Nine hundred and Eight only ) by way of  interest upon the amount @ 18% per annum.
2. Compensation for physical mental and economical harassment  i.e. to the tune of Rs. 70,000/-( Seventy Thousand only). 

2. Brief facts of the case are as follows:-

1. The complainant purchased Policy No-511290637 on 28-02-1998 in the name of his son (complainant) from L.I.C. of India, Aurangabad Branch and accordingly instalment of premium of Rs. 4,588/-     ( Four Thousand, Five hundred and Eighty Eight only) was paid and sum assured amount was Rs.- 50,000/- ( Fifty Thousand Only )  and the same was matured on 28-02-2009.
2. After maturation of policy the opposite party regularly been sent notices to the complainant regarding submitting premium in spite of submission of last premium on 28-02-2008 and the opposite party never sent notice regarding submission of Bond in the office of opposite party. According to certificate of payment of said policy should be made in the month of March-2009.
3. Due to non-payment of amount against policy and on advice along with filled in Maturity Form through registered post vide Regd. no.-2111, Dated-31-08-2009.
4. The opposite party stated that the bond has not been received and in this circumstance the complainant sent photocopy along with Maturity Form by one namely Alakh Babu.
5. The complainant again sent request letter vide letter dated-22-04-10 for payment of the same but the opposite party has not taken steps to redress the bonafide grievance of the complainant.
6. A representation vide letter no.-6, dated-08-06-10 was also sent but this attempt also became unfruitful.
7. That the complainant handed over a letter to Mr. Bashneya on 21-06-10 in his office chamber for taking positive initiative in this matter but nothing was done by the opposite party regarding payment of the complainant.
8. The opposite party regularly assured the complainant that Original Bond and fulfilled Maturity Form has not been received as yet. In this regard the complainant filed an application regarding delivery said bond to the Superintendent of Post Offices Balia Division on 09-04-2010 which was duly received on 12.04.2010.
9. That the Superintendent of Post Offices, Balia Division Balia, confirmed the complainant that the said article has already been delivered on 03.09.09.
10. That the complainant sent a legal notice vide letter No.02/2010 on 25-06-2010 for payment of maturity claim and thereafter the opposite party issued Chaque No.932410 amounting to Rs.-78,784/-         (Seventy Eight Thousand, Seven Hundred and Eighty Four Only) on 02-07-2010 against the Maturity Claim and the opposite party also sent a copy of payment details vide letter dated-10.07.10.
11. That the complainant sent a letter and requested the opposite party for interest, compensation and cost of litigation through registered post on 31-08-2010 but no response was taken by the opposite party.
12. Payment was made after a long struggle and the complainant spent a huge amount as a cost of litigation but the opposite party has not paid interest and litigation cost in this way deficiency proved on the part of opposite parties and they are liable to make payment.

3.  The opposite parties no.1 and 2 in their written statement have submitted the following facts in reply to the contentions mentioned in the complaint petition:-

1. The complainant had taken a policy from the Life Insurance Corporation bearing no. 511290637 on 28-02-1998, sum assured of Rs.-50,000/-(Fifty Thousand Only) with date of maturity on 28-02-2009.  
2. That it is submitted that the ‘corporation’ intimated the life assured regarding the aforesaid maturity (28-02-2009) three months before by ordinary post followed by reminders in which the life assured was asked to submit ‘Discharge Voucher’ along with policy Bond for settlement of his maturity amount. However, assured did not respond. 
3. That as per normal procedure, the corporation issues Maturity value of the policy only after receiving Discharge Voucher, Policy Bond and Bank Particulars etc. and in anticipation of same the ‘Corporation’ prepared a cheque bearing no.0697859, dated-30/03/2009 for Rs-78,784/-      ( Seventy Eight thousand, Seven Hundred, Eighty four Only ) in favour of Sri Amit Ranjan.
4. That the complainant did not make available those aforesaid relevant documents to file before the Corporation and hence, the said Cheque bearing no. 0697859, Dated-30/03/2009 could not be delivered to the life assured Sri Amit Ranjan.
5. That waiving all those normal procedures, the Corporation again made a Cheque bearing no.932410, dated-02/07/2010 of the maturity value of Rs-78,784/-(Seventy Eight thousand, Seven Hundred and Eighty Four Only ) towards full and final in favour of the life assured Sri Amit Ranjan and was delivered, which was accepted by him without any protest and allegation of coercion  and under influence.
6. That after getting the said maturity value the complainant filed the aforesaid complaint case for harassing the Opposite party ‘Corporation.’

We have perused the record and have heard the parties. The complainant has annexed the report of Superintendent of Post Offices Balia, Division-Balia as Annexure-8 of his complaint petition.

From perusal of Annexure-8, it is crystal clear that the Original Bond and other forms etc. was received by opposite party on 03/09/2009. The existence of Annexure-8 has not been denied by opposite parties. It is also admitted that maturity amount was paid to the complainant on 02/07/2010 i.e. after receiving the legal notice by opposite parties. Thus, there is a long delay in payment of maturity amount by the opposite parties.

From above facts it is apparently clear that the opposite parties are responsible for deficiency in service as the payment of maturity amount was made after much delay.

Accordingly We direct the opposite party no. 1 & 2 jointly and severally to pay to the complainant interest on the matured amount @ 10(Ten)% per annum from the date of maturity to the date on which the maturity amount was actually paid within a period of two months from the date of receipt of this order failing which the rate of interest will be 12(Twelve)% till it is finally paid.

The aforesaid opposite parties are further directed to pay Rs- 5,000/-(Five Thousand Only ) as compensation and litigation cost within the aforesaid period.

Thus the complaint petition is allowed to the extent referred above.

Member                                                President