Jharkhand

Bokaro

CC/121/2022

Anuradha Kumari - Complainant(s)

Versus

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

Manoj Kumar Tiwari

08 Jul 2023

ORDER

                                                               

District Consumer Disputes Redressal Commission, Bokaro

Date of Filing-13-07-2023

Date of final hearing-08-07-2023

 Date of Order-08-07-2023

C C No. 121-2022

     Anuradha Kumari W/o Santosh Kumar

      R/o Sector-12/B, Qtr. No. 3574, B.S.City, Bokaro.

Vs.

1. The Branch Manager,

Life Insurance Corporation of India, City Centre,

Sector-4, Branch-1, P.O.& P.S.- Sector-4, B.S.City,

•  

2. Manager (CRM)

Life Insurance Corporation of India,

          Divisional Office, Julu part, Hazaribag, Jharkhand

3.

 Present:-

                             Shri Jai Prakash Narayan Pandey, President

                  Smt. Baby Kumari, Member

PER- J.P.N Pandey, President

-:Order:-

 

1. Complainant’s case in brief is that he purchased Jeevan Sneh (Money Back Policy) of LIC commenced from 28.07.2021 with money back of Rs. 10,000/- on each five years as survival benefit to the insured person and in case insured person does not want to take the survival benefit then he will get compound interest @ 11% on maturity. Further case is that on 28.06.2006 complainant written a letter to the LIC for not taking survival benefits of the year 2006 with request to pay it on maturity of the policy. Further case is that on maturity of the policy survival benefit of Rs. 10,000/- of the year 2006 was not paid inspite of repeated requests, hence there is deficiency in service by the O.Ps. Accordingly this case has been filed with prayer to direct the O.Ps. to pay Rs. 10,000/- as survival benefit with interest @ 12% per annum from the date of filing of claim and also to pay Rs. 10,000/- as compensation and Rs. 5000/- as litigation cost to the complainant.
2. O.P. appeared but has not filed W.S. in stipulated period hence vide order dt. 21.10.2022 he has been debarred from filing W.S. However written notes of argument has been filed admitting the fact related to issuance of policy as well as the fact that as per terms and conditions of the policy the unpaid survival benefits qualifies for interest @11% per annum in case policy holder submits the request letter to LIC one month prior to survival benefits due date but in this case due date was 28.07.2006 and no any request letter of the complainant was received one month before the due date. Further reply is that cheque No. 602874 dt. 29.07.2006 of Rs. 10,000/- was issued in the name of the policy holder which was incashed on 01.09.2006 by him hence he is not entitled to get any relief.
3. Point for determination is whether complainant is entitled to get relief as prayed?
4. Fact related to issuance of insurance policy is not in dispute. Only dispute is that as per O.P. payment of survival benefit of the year 2006 has already been made to the complainant vide cheque No. 602874 dt. 29.07.2006 for Rs. 10,000/- and it has been incashed by the policy holder on 01.09.2006 to which complainant has denied and O.P. has asserted.
5. On perusal of the papers it appears that photo copy of application dt. 28.06.2006 has been filed by the complainant by which request has been made from the O.Ps. not to make payment of survival benefit to him. Said application was received in the office of the O.Ps. on 28.06.2006 because it bears such endorsement with initial signature with seal of the office of the O.Ps. In this way complainant has already applied before the O.Ps. one month prior to the accrual of the survival benefit date. Another paper at page 5 has also been filed by the complainant which is statement of the account issued by the O.Ps. on which endorsement has been made by the office of the O.Ps. that “ the said cheque No. of SB due 7/2006 is showing incashed but deposited in LIC against UR. Policy holder has not taken the cheque”. Complainant has filed statement of account of LIC to prove that the cheque No. 602874 has not been incashed on 01.09.2006 and such type of endorsement has also been made by the officials of the bank concerned in his own handwriting, signature with seal of the bank. Contrary to it there is no any evidence by the O.P. to prove that said cheque was incashed by the complainant.
6. In light of above discussion we are of the view that complainant has well proved his case related to timely intimation regarding nonpayment of survival benefit of 07/2006 to him and he has not received the cheque No. 602874 dt. 29.07.2006 nor he has incashed it.
7. Accordingly  prayer of the complainant is being allowed in the following manner:-

O.Ps. LIC is directed to make payment of Rs. 10,000/- (Survival Benefit of 07/2006) along with all accrued interest to the complainant within 60 days from receipt/production of the copy of this order and also to pay Rs. 2000/- as compensation and Rs. 1000/- as litigation cost within above mentioned period.

                                                (J.P.N. Pandey)

                                                                                   President

                                                                                     

         

                                                                               (Baby Kumari)

                                                                                                                                                                                                          Member