Andhra Pradesh

Visakhapatnam-II

CC/286/2012

Bandaru Satyavathi - Complainant(s)

Versus

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

U.S.V. Prasad

06 Dec 2014

ORDER

                                              Date of Registration of the Complaint:11-09-2012 

                                                                                                Date of Order:06-12-2014

BEFORE THE DISTRICT CONSUMERS FORUM-II AT

                             VISAKHAPATNAM

 

P  r  e  s  e  n  t:

1.Sri H. Ananda Rao, M.A., L.L.B.,

     President           

2. Smt K. Saroja, M.A. B.L.,

     Lady Member 

                                3. Sri C.V. Rao, M.A., B.L.,

                                     Male Member

 

                         Saturday, the 6^th day of December, 2014.

                             CONSUMER CASE No.286/2012

Between:-

Smt. Bandaru  Satyavathi, W/o Bandaru Venkata

Ramana, Hindu, aged 46 years, Kirana Merchant,

Main Road, Paderu-531 024, Visakhapatnam

District.

                                                                                        ….. Complainant

And:-

The Branch Manager, Life Insurance Corporation

of India, 671 Branch, Jeevan Prakash, 1^st Floor,

DO Building, Visakhapatnam-530 004.

                                                                                         …  Opposite Party

                     

This case coming on 26.11.2014 for final hearing before us in the presence of Sri        U.S.V.P. Prasad & Sri P. Sukumar Rao, Advocates for the Complainant and Sri N. Prabhakara Rao, Advocate for the Opposite Party and having stood over till this date for consideration, this Forum made the following:

 

                                                ORDER

        (As per Smt. K. Saroja Honourable Lady Member on behalf of the Bench)

 

1.       The case of the Complainant in brief is that the Complainant obtained a “ULIP POLICY” vide Policy No.693903210 of Future Plus and paid the premium every month to the Opposite Party.   Subsequently, the policy was surrendered to the Opposite Party, for which the Opposite Party acknowledged the receipt of her request against the above mentioned policy and sent a cheque bearing No.009433 dated 21.11.2011 for Rs.45,091/- issued in favour of the Complainant towards the surrender value of the above policy.   When the Complainant presented the said cheque through her banker Union Bank of India for collection, but the said cheque was returned unpaid with an endorsement “DRAWER’S SIGNATURE REQ/INCOMPLETE/DIFFERET”.  Then the Complainant informed the same to the Opposite Party about the absence of the signature on the above said cheque and adressed a letter dated 26.03.2012.   The same was received by the Opposite Party dated 27.03.2012.  But till now the Opposite Party did not respond for the same nor returned the fresh cheque to the Complainant.  Hence, this Complaint. 

2.       a) To pay the surrender value of Rs.45,091/- (Rupees Forty five thousand and ninety one only) under the policy bearing No.693903210 with accrued interest thereon at 24% p.a. from its due date till the date of realization;  

          b) To pay damages in a sum of Rs.50,000/- (Rupees fifty thousand only) for the inconvenience and mental agony caused to the Complainant purely on account of the deficiency of service on the part of the Opposite Party.

          c) For the costs of Rs.3,000/-; and  

          d) For grant of such other relief or reliefs as the Forum may deems fit and proper in the circumstances of the case.      

 

3.       The Opposite Party strongly resisted the claim of the Complainant by contending, as can be seen from its counter.    The Opposite Party stated that the non issuance of fresh cheque to the Complainant was neither willful nor deliberate act.  After receiving the reminder letter from the Complainant, the Branch Manager would have issued a cheque to the Complainant immediately and along with interest @ 11.5% was given to the Complainant by way of cheque.   So, they have no liability to pay any compensation and costs and other reliefs asked by the Complainant. 

 

4.       At the time of enquiry, both parties filed affidavits as well as written arguments to support their contentions.  Exs.A1 to A5 are marked for the Complainant.    No documents were marked for the Opposite Party.   Heard both sides.

 

5.       The fact shown from the documents Ex.A1 reveals that the Opposite Party issued a cheque in favour of the Complainant after surrender the policy by the Complainant for Rs.45,091/- dated 21.11.2011.   Ex.A2 is the Cheque for Rs.45.091/- dated 21.11.2011.   Ex.A3 Returned Instrument Advice.  Ex.A4 is the letter issued by the Complainant in favour of the Branch Manager, LIC of India, Visakhapatnam.   Ex.A5 is the acknowledgement.

 

6.       The fact shown from the document Ex.A3 reveals that the cheque/instrument No.943233 dated 21.11.2011 for Rs.45,091/- presented by you is returned for the reason “DRAWER’S SIGNATURE REQ/INCOMPLETE/DIFFERENT”.   Ex.A4 reveals that the Complainant issued a letter to the Opposite Party dated 26.03.2012 stating the same and requested it to issue another cheque along with interest which was due to her for 4 months.

 

7.       The point that would arise for determination in the case is:-

Whether there is any deficiency in service on the part of the Opposite Party.   Whether the Complainant is entitled to any reliefs asked for?

 

8.         After careful perusal of the case record, this Forum finds that the Opposite Party issued an account payee cheque for Rs.45,091/- along with interest to a tune of Rs.6,000/- in total Rs.51,091/- and the same was acknowledged by the Complainant.   The Complainant stated in the affidavit as well as in the written arguments, that she has received an amount of Rs.51,091/- from the Opposite Party.  So, the first relief asked by the Complainant is fulfilled as she received an amount of Rs.51,091/- from the Opposite Party as stated by the Complainant and the Opposite Party.   Moreover, the Opposite Party paid interest @ 11.5% to the Complainant.   So, the first reliefs asked by the Complainant is fulfilled.  The said interest of 11.5% is more than sufficient.

 

          Moreover, the Opposite Party stated in the counter that unfortunately the said letter was mistakenly mixed up with dispatch files and it lost track of it and the Officer Incharge did not issue fresh cheque to the Complainant. This is glaring deficiency in service coupled with sheer negligence on the part of the Opposite Party.   Hence, the Complainant is entitled to some compensation and costs too. 

 

 

9.       In the result, this Complaint is allowed directing the Opposite Party to pay a compensation of Rs.3,000/- (Rupees three thousand only) and costs of Rs.2,000/- (Rupees two thousand only) to the Complainant.  Advocate fee is fixed at Rs.2,000/- (Rupees two thousand only).   Time for compliance, one month.

Dictated to the Steno, transcribed by him, corrected and pronounced by us in the Open Forum, this 6^th day of December, 2014.

 

Sd/-                                     Sd/-                                         Sd/-  

President                            Male Member                      Lady Member

                                     

 

APPENDIX OF EVIDENCE

For the Complainant:-

NO.	DATE	DESCRIPTIONOFTHEDOCUMENTS	REMARKS
Ex.A01	21.11.2011	Letter issued by the OP to Complainant	Original
Ex.A02	21.11.2011	Cheque bearing No.943233 issued by OP in favour of Complainant	Photo copy
Ex.A03	10.12.2011	Returned Instrument Advice	Photo copy
Ex.A04	26.03.2012	Letter addressed by the Complainant in favour of the Branch Manager, LIC of India, Visakhapatnam	Photo copy
Ex.A05	27.03.2012	Acknowledgement Card received from the OP	Original

 

For the Opposite Party:-                       

                                       

                                                -Nil-

 

  Sd/-                              Sd/-                                                  Sd/-                                                   

President                       Male Member                                             Lady Member