The Complainant has filed this case alleging deficiency-in-service by the O.Ps, where O.P No.1 is the Branch Manager, Reliance Life Insurance Company Pvt. Ltd., O.T Road, Balasore, O.P No.2 is the Competent Authority of Registered Office, Reliance Life Insurance Company Ltd., Navi Mumbai, O.P No.3 is the Competent Authority, Reliance Life Insurance Company, Corporate Office, Goregaon (East), Mumbai and O.P No.4 is Sri Gautam Gayaram @ Das, Agent Reliance Life Insurance Company Ltd., At/P.O- Pratappur, P.S- Baliapal, Dist- Balasore.

                    1. Factual matrix of the dispute is that the Complainant is a life insurance Policy holder under O.Ps-Insurance Company vide policy No.15527086 under “Super Invest Assure Plan” on 31.10.2009. The annual premium of the above said Policy was Rs.5,000/- and the Complainant has paid three annual premium i.e. Rs.15,000/- in toto. But, due to financial problem, the Complainant surrendered her Policy on 06.08.2015 before O.P No.1 under due acknowledgement by them, where O.P No.1 assured all benefit as per clause-333 of Policy agreement will be paid to the Complainant shortly. But, despite several approach made by the Complainant in this regard, the O.Ps deferred the matter on some plea or other and lastly on 13.10.2015, the O.P No.1 on behalf of O.Ps-Insurance Company refused to pay and also threatened for the dire consequences. Thus, the Complainant through her Advocate served legal notices to the O.Ps, where O.P No.1 refused to receive the notice, O.P No.4 managed to mention “No such Addressee” and O.P No.2 and 3 remained silent even after receipt of the said legal notice. Thereby, the Complainant sustained mental agony and harassed by the O.Ps. Prayer for payment of surrender value of the above referred Policy with interest along with compensation for mental agony and cost of litigation.

                    2. Written Version filed by the O.Ps No.1 to 3 through their Advocates, where they have denied in totality and further submitted that the Respondents reserve their right to file the evidence by way of affidavit at the appropriate time of proceedings. The Policy of the Complainant is a unit linked (market linked) Policy and the investment made under this Policy is a speculative gain and speculative investment matter does not come under C.P Act, 1986. Thus, due to non-payment of premium by the Complainant after payment of three annual premium i.e. @ Rs.5,000/- p.a. in toto Rs.15,000/-, the Policy acquires a lapsed status, resulting foreclosure of the said Policy, where surrender value is paid to the life assured. However, O.P-Insurance Company received first Complainant in respect of the subject Policy on 06.08.2015, which much after the Policy being foreclosed. The said Policy has been foreclosed on 03.11.2014 and the payment of Rs.11,214/- (Rupees Eleven thousand Two hundred Fourteen) only has been processed through Cheque No.823765 and the aforesaid cheque has been encashed on 05.05.2015 fro, RLIC Bank A/c No.××××××××××4544 (Annexure-2). Thereafter, the Complainant has filed this vexations and unlawful complaint. The O.Ps-Insurance Company have also submitted that on surrender of the Policy by the Complainant, the O.P-Insurance Company had paid the surrender value of Rs.11,214/- vide Cheque No.823765 and the Complainant has accepted the surrender value of Rs.11,214/- vide Cheque No.823765 and has already encashed the said cheque on 05.05.2015, which was issued to the Complainant as full and final payment, thereby discharging the O.Ps-Insurance Company of all its liability.        

                     3. Though sufficient opportunities were given to the O.P No.4, but neither he appeared in the case nor filed written version, so the O.P No.4 is set ex-parte.

                     4. In view of the above averments of both the Parties, the points for determinations of this case are as follows:-

(i) Whether this Consumer case is maintainable as per Law.

(ii) Whether the alleged Cheque No.823765 has been duly issued by Reliance Life Insurance Company and has duly encashed by the Complainant. 

(iii) To what relief the Complainant is entitled for ? 

                     5. In order to substantiate their pleas, both the Parties have filed certain documents in their support. Perused the same. It has been argued on behalf of the Complainant that she has not encashed the alleged Cheque No.823765 issued by Reliance Life Insurance Company in her favour, for which she has entitled to receive the same, which is due amount towards her Policy surrender value. In support of it, she has been filed an affidavit. On the other hand, it has been argued on behalf of the O.Ps No.1 to 3 that the alleged cheque has been duly encashed in favour of the Complainant. A xerox copy of the alleged cheque has been filed by the O.Ps No.1 to 3, which shows that the due amount is of Rs.11,214.28 ps. has been issued in favour of the Complainant. But, the xerox copy of reverse side of the said cheque has not been filed by the O.Ps No.1 to 3, for which it has not clearly shown that the amount has encashed and duly credited to the account of the Complainant. The O.P-Insurance Company is silent on this point. So from the xerox copy of the said cheque, it can’t be said that the amount has already encashed and duly credited to the account of the Complainant. As mentioned earlier, the Complainant has filed an affidavit in respect of non-receiving of the amount. So, now the burden is on O.Ps to prove about payment of such amount to the Complainant towards the Policy amount due, but failed in this regard.      

                    6. So, after hearing both the sides and going through all the materials available in the case record, now this Forum is in the opinion that the O.Ps are liable to pay the said due Policy amount of Rs.11,214.28 ps. to the Complainant at an early date along with compensation of Rs.3,000/- and cost of litigation of Rs.1,000/-, which will meet the ends of justice in this case. Hence, Ordered:- 

                                                     O R D E R

                         The Consumer case is allowed on contest against the O.Ps No.1 to 3 and on ex-parte against the O.Ps No.4 with cost. The O.Ps are directed to pay the said due Policy amount of Rs.11,214.28 ps. to the Complainant along with compensation of Rs.3,000/- and cost of litigation of Rs.1,000/- within 30 days from the date of receiving of this Order, failing which it will carry interest @ 9% per annum from the date of order till realization. The Complainant is also at liberty to realize the same from the O.P as per Law, in case of failure by the O.P to comply the Order.

                         Pronounced in the open Forum on this day i.e. the 20th day of June, 2017 given under my Signature & Seal of the Forum.