BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM ::
KADAPA Y.S.R DISTRICT
PRESENT SRI V.C. GUNNAIAH, B.Com., M.L., PRESIDENT
SMT. K. SIREESHA, B.L., LADY MEMBER
SRI M.V.R. SHARMA, MEMBER.
Wednesday, 8th October 2014
CONSUMER COMPLAINT No. 52/ 2014
Pattan Shavallikhan, 60 years,
S/o P. Allikhan, D.No. 8/28, Marati (St.),
R.V. Nagar (P), Resident of Kadapa Mandal,
Kadapa Dist. ….. Complainant.
Vs.
1. The Branch Manager,
Life Insurance Corporation of India,
Railway Station Road, Nagarajpet, Kadapa.
2. The Branch Manager,
Life Insurance Corporation of India,
S.N. Colony, Rayachoty, Kadapa District. ….. Respondents.
This complaint coming on this day for final hearing on 01-10-2014 in the presence of complainant as in person and Sri T. Mallikarjuna, Advocate for Respondents and upon perusing the material papers on record, the Forum made the following:-
O R D E R
(Per V.C. Gunnaiah, President),
1. The complainant filed complaint under section 12 of C.P. Act 1986 praying this forum to direct the respondents to pay the remaining insured amount ofRs. 1,750/- with penal interest @ 36% p.a. from November 2011 and to pay a sum of Rs. 25,000/- as compensation towards mental agony and sum of Rs. 5,000/- towards costs of the petition.
2. The averments of the complaint in brevity are that the complainant had taken a policy for Rs. 38,340/- by paying monthly premium at Rs. 350/- and policy was matured on 15-11-2011. But the complainant received two cheques one for Rs. 35,890/- and the other for Rs. 700/- only. Though the complainant explained the payment particulars of his premiums the respondents had not released the deducted amount of his policy. His policy number was 652625825. Hence, the complaint for the above direction to the respondents.
3. The respondents / Opposite parties 1 & 2 filed common counter resisting the claim of the complainant denying the allegations. Further contended that the complainant is policy holder under policy No. 652625825 and the same was matured on 15-11-2011. The same was issued under salary saving scheme. Respondent No. 1 settled the maturity claim by issuing two cheques for Rs. 35,890/- after deducting of Rs. 1,750/- towards gap premiums. The respondent No. 1, has also issued another cheque for Rs. 700/- towards refund of two gap premiums. It is further averred that after thorough enquiry verification they came to know the premiums deducted were received by Rayachoty Branch Office were kept under suspense account for the period of 8/2009 to 12/2009, during which period the policy was survived by the Rayachoty Branch Office. The Kadapa Branch Office settled the maturity claim and got the amount subsequently. The respondents are ready to pay Rs. 1,750/- with reasonable interest from maturity date to the date of settlement. Therefore, Rs. 1,750/- may be ordered with reasonable interest without imposing any penalty and costs in the interest of justice.
4. On the basis of the above pleadings the following points are settled for determination.
i. Whether there is any negligence and deficiency of service on the part of the respondents?
ii. Whether the complainant is entitled for the relief’s as prayed for?
iii. To what relief?
5. No oral evidence has been let in by either party.
6. On behalf of the complainant Ex. A1 to A3 are marked. No documents are marked on behalf of the Respondents / opposite parties.
7. Point Nos. 1 & 2. Heard both sides. It is not in dispute that the complainant is the policy holder of policy bearing No. 652625825 with respondent No. 1 on monthly premium of Rs. 350/- and it was matured on 15-11-2011. It is also an undisputed fact that the complainant received two cheques one for Rs. 35,890/- and other for Rs. 700/- from respondent No. 1, after maturity of the policy. The only dispute between the parties is that Rs. 1,750/- had to be paid to the complainant by the respondents but inspite of requests and notice by the complainant the respondents had not paid the same to him and thus caused mental agony to the complainant. In fact the respondents in their counter also admitted that they have not paid Rs. 1,750/- as the said amount was paid by the complainant, during the months of August to December 2009 in their branch at Rayachoty and same was not received by respondent No. 1. Therefore, they kept the amount under suspense account. However, the said explanation given by the respondents / opposite parties for not paying the amount of Rs. 1,750/- appears to be unreasonable as they collected premium from complainant from August 2009 to December 2009 and not paid the full matured amount to the complainant, hence the same attracts negligence and deficiency of service towards policy holder. Therefore, the same can be termed as deficiency of service on the part of the respondents. Hence, the complainant is entitled for refund of amount of Rs. 1,750/- and some amount for mental agony and costs. Accordingly, the points are answered in favour of the complainant.
8. Point No. 3 In the result. The complaint is allowed, directing the respondents to pay Rs. 1,750/- (Rupees one thousand seven hundred and fifty only) with interest at 18% p.a from the date of policy maturity i.e. 15-11-2011 till realization and they shall also pay Rs. 2,000/- (Rupees two thousand only) towards mental agony and Rs. 1,000/- (Rupees one thousand only) towards costs. The respondents shall pay the above amounts within 45 days from the date of receipt of this order. The rest of the claim is dismissed.
Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open forum, this the 8th October 2014
MEMBER MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses examined.
For Complainant NIL For Respondent : NIL
Exhibits marked for Complainant : -
Ex. A1 P/c of complaint made to the Branch Manager, Kadapa, LIC of India,
Kadapa.
Ex. A2 P/c of complaint made to Life insurance Corporation of India,
Rayachoty.
Ex. A3 P/c of receipt of LIC of Kadapa sowing deducting dues of unpaid
premiums.
Exhibits marked for Respondent: - NIL
MEMBER MEMBER PRESIDENT
Copy to :-
1) Sri Pattan Shavallikhan, S/o P. Allikhan, D.No. 8/28, Marati (St.), R.V. Nagar (P), Resident of Kadapa Mandal,
Kadapa Dist.
2) Sri T. Mallikarjuna, Advocate for Respondents.
B.V.P.
