DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KANDHAMAL, PHULBANI

C.C. NO. 35 OF 2014

Present:  Rabindranath Mishra                - President

                 Miss Sudhira Laxmi Pattanaik - Member.

Sri Jayachandra Pradhan, aged about 25 years,

S/O: Senapati Pradhan, Vill: Pada SAhi

G. Udayagiri Dist: Kandhamal                                           ……………..  Complainant.

                    Versus.

The Branch Manager

LIC of India, Phulbani Branch,

AT/PO/PS: Phulbani Dist: Kandhamal                           ……………… OPP. Party.    

For the Complainant: Sri Sidheswar Das. Advocate

For the OPP. Party      : Sri Bijay Kumar Mohanty, Advocate, Phulbani

Date of Order:  31-07-2015

O R D E R

                                    The case of the Complainant in brief is that he started an Insurance policy bearing No. 571654870 on 26-09-2006 under the plan term 179-20-20 and annual premium was Rs. 3603.00/- and the sum assured for Rs. 100,000/- only . As the said policy was money back policy he is entitled to get Rs. 10,000/- on completion of every 5 years. The first installment was due on 26-09-2010 and it is learnt that the O.P has issued a cheque on 26-09-2010 for Rs. 10,000/- in favor of him but the Complainant has not received the cheque in any point of time. Accordingly he intimated the O.P several times and there after on 12-08-2011 and approached many times subsequently for the purpose but no action was taken by the Opposite Party. Due to non receipt of money the Complainant could not able to deposit his further installments premium and suffered financially loss and mentally agony due to harassment of the Opposite Party. Hence, this Complaint was filed by him for a direction to the Opposite party to refund Rs. 10,000/- along with interest and to pay compensation of Rs. 15,000/- along with Rs. 5,000/- for litigation cost.  

                                    The case of the Opposite party as per his version is that the Opposite Party had issued a cheque bearing No. 2752dated. 26-09-2010 for Rs. 10,000/- of ICICI Bank, Phulbani in favor of the Complainant by Registered post on 29-08-2010. The Opposite party also enquired the matter after getting complain from the Complainant on 16-08-2011 and came to know from ICICI Bank that the said cheque was enchased through

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S.B.I on 09-10-2010. As the matter is under enquiry it will be difficult to know regarding the matter of negligence for which the O.P is not entitled to pay compensation amount to the Complainant.

                                    During the course of hearing of the case both parties have not filed any affidavit in support of their case. However we have heard both the learned counsels appearing for the parties. We have gone through the complaint petition, version filed by the Opposite Party and the documents filed by both the parties in support of their case. It is seen from the available records that the cheque bearing no. 002752 for Rs. 10,000/- only was prepared in favor of the Complainant on 26-09-2010. The said cheque was encashed on 09-10-2010 through State Bank of India as it reveals from the version of the O.P as well as from the body of the letter dated 12-08-2011 of the Complainant. It is submitted by the learned counsel of the Complainant that on the date of encashment of the cheque it is on 09-10-2010 the Complainant had no Bank account in the S.B.I at G. Udayagiri. He opened his account in the S.B.I G. Udayagiri on 08-09-2011. So, the Complainant has not received the said money through his account of S.B.I. On the perusal of the first page of the Passbook of the Complainant it is seen that Savings account bearing No. 31927439412 was opened by the Complainant on 08-09-2011 at S.B.I, G. Udayagiri. The O.P has not given any evidence regarding the Account number in which the said cheque was encashed on 09-10-2010. The Statement of account was not also produced by the O.P which is very meterial to the present case.

                                    It is admitted fact that the Complainant is entitled to get Rs. 10,000/- from the Opposite party on 26-09-2010 towards his policy bearing No. 571654870. This case was filed on 29-12-2014. In the mean time more than 4 years has already been passed but the O. P Bank failed to explain any suitable reason regarding the non payment of the policy amount to the Complainant. It amounts to gross negligence on the part of the Opposite Party. Hence, the Complaint filed by the Complainant is allowed. The Opposite Party is directed to pay Rs. 10.000/- to the Complainant along with 9 % annual interest from the date of due i.e on 26-09-2010 till the date of payment. The Opposite Party is also further directed to pay a compensation of Rs. 5,000/- and Rs. 1000/- towards cost of litigation. The above order be complied within 30 days from the receipt of this order.

                                    The Complaint is disposed of accordingly. Supply free copies of this order to both the parties.

                                                                          MEMBR                                       PRESIDENT