Jharkhand

Bokaro

CC/17/78

Ashok Kumar Munshi - Complainant(s)

Versus

The Branch Manager, Life Insurance Co. of India - Opp.Party(s)

Amardeep Jha and Poonam

22 Apr 2022

ORDER

1. Complainant has filed this case with prayer for direction to O.Ps. for payment of Rs. 10,000/- with 18% interest  from year 1994 and to pay Rs. 10,000/- & Rs. 10,000/- as compensation and litigation cost respectively to him.
2. Complainant’s case in brief is that he purchased insurance policy on 28.06.1989 bearing policy No. 530170312 for sum assured Rs. 50,000/- for the period from 28.06.1989 to 28.06.2009 who paid yearly premium Rs. 3285/- per year till 28.06.2008 and also received its bonus time to time and received last payment. It is further cases that as per statement of record a cheque No. 00394 dt. 14.09.1994 for Rs. 10,000/- has been issued by the O.P. in the name of complainant as first bonus amount but said amount never been credited in the account of the complainant for which inspite of repeated request no action was taken hence case has been filed.
3. As per W.S. of the O.Ps. case is hopelessly time barred however all  payment has been made in the bank account of the complainant and there is no dues to be paid to the complainant by the O.Ps.
4.  Now question for consideration is whether complainant is entitled to receive the amount as claimed or nor ?
5.  Since only the payment of partial amount has been challenged by the complainant hence there is no dispute regarding other facts related to opening of the LIC policy, issuance of policy paper, deposit of premium by the complainant as well as payment of rest of the bonus amount by the LIC to the complainant and also payment of maturity amount of the LIC policy to the complainant.
6.  Annexure B is the status report of policy concerned which is the main paper on which basis claim of the complainant has been made in this case. Said Annexure is dt. 08.01.2008 in which at the bottom it is mentioned that vide cheque No. 000394 dt. 14.09.1994 Rs. 10,000/- has been paid to the complainant. Complainant has produced photo copy of the passbook related to account number 541680 which is Annexure G but it appears that the copy related to transactions for the year 1994 has not been filed to show that the transaction as mentioned in Annexure B has not been completed. In this way it is apparent that complainant has not been able to prove that said payment has not been made to him by the O.Ps. and on this basis his claim is liable to be dismissed.
7.  Taking the claim with another angle it is apparent that alleged transaction is dt. 14.09.1994 and this case has been filed on 05.05.2017 for about lapse of more than 22 years. In another view of the matter it is apparent that Annexure B was issued on 08.01.2008 and if it is taken into consideration then complainant came to know on 08.01.2008 about cheque dt. 14.09.1994 then it was expected to file the case within 2 years from that very day but it has not been done, rather case has been filed after lapse of about 10 years period from that very date. Therefore, case is hopelessly time barred hence on this ground also it is liable to dismissed.
8.   In light of above discussion we are of the view that complainant is not entitled to get any relief and he has not proved his case for any relief and case is hopelessly time barred. Accordingly this case is being dismissed with cost.