BEFORE THE DISTRICT FORUM: KURNOOL
Present: Sri. T.Sundara Ramaiah, B.Com B.L., President
And
Sri. M.Krishna Reddy, M.Sc., M.Phil., Male Member
And
Smt. S.Nazeerunnisa, B.A., B.L., Lady Member
Tuesday the 29th day of November, 2011
C.C.No.14/2011
Between:
Bojala Gopal, S/o B.Pullaiah, Retired Employee,
R/o H.No.73, 3rd Floor, Cherukucherla Village, Midthur Mandal, Kurnool District.
…Complainant
-Vs-
1. The Branch Manager, L.I.C of India, Branch - II, 699,
D.No.13-1-14, Old Bank Street, Kothapeta, Post Box No.6,GUNTUR - 522 003.
2. The Deputy Chief Executive Officer,Zilla Parishad Office,
Park Road, Kurnool - 518 002.
...Opposite ParTies
This complaint is coming on this day for orders in the presence of Sri M.Sivaji Rao, Advocate for complainant and Sri I.Anantha Rama Sastry, Advocate for opposite party No.1 and Sri Smt. D.S.Sai Leela, Government Pleader for opposite party No.2 and upon perusing the material papers on record, the Forum made the following.
ORDER
(As per Sri. T.Sundara Ramaiash, President)
C.C. No.14/2011
1. This complaint is filed under section 11 and 12 of C. P. Act, 1986 praying:-
- To direct the opposite parties jointly and severally to pay the deducted amount of Rs.1,28,093/- with other policy benefit, bonus and profits with interest at the rate of 24% per annum;
- To pay a sum of Rs.25,000/- towards the compensation for causing mental agony and hardship;
- To pay costs of the complaint;
- To pass any such order or orders that are deem to be fit and proper in the circumstances of the case.
2. The case of the complainant in brief is as under:- The complainant is a retired Zilla Parishad Teacher. On 15-04-2004 the complainant took Jeevan Anand Insurance Policy bearing No.673313980 from opposite party No.1 under salary savings scheme for an assured amount of Rs.1,00,000/-. He paid first premium of Rs.29,323/-. The policy period is 15-04-2004 to 15-04-2008. Opposite party No.2 deducted the premium, from the salary of the complainant and sent the same to opposite party No.1 for four years amounting to Rs.1,28,093/-. After retirement the complainant came to know that opposite party No.1 did not accept the premiums on 03-02-2006 and 29-05-2006 and returned the amount to opposite party No.2. The premium amounts are lying with opposite parties 1 and 2. Inspite of repeated demands the opposite parties 1 and 2 did not pay the premium amount to the complainant. There is negligence on the part of opposite parties 1 and 2. Hence the complaint.
3. Opposite party No.1 filed written version stating that the complaint is not maintainable. An amount of Rs.40,124/- was received from opposite party No.2. After adjusting the first premium amount the balance amount of Rs.10,801/- was refunded to the policy holder on 15-10-2004. The second premium was received on 03-02-2006 after due date. The policy of the complainant was lapsed for non payment of premiums in time. The subsequent premium received from opposite party No.2 was sent back to the opposite party No.2. As the policy of the complainant lapsed opposite party No.1 informed about the delayed payment of the premiums to the complainant. For the registered letter issued the complainant did not respond. There is no deficiency of service on the part of opposite party No.1. The compliant is liable to be dismissed.
Opposite party No.2 filed written version stating that complainant insured his life under Jeevan Anand Insurance Policy with opposite party No.2. The premium amount was deducted from the provident fund account of the complainant and sent to opposite party No.1. The premium was sent to opposite party No.1 with in time. There was no delay in sending the premium to opposite party No.1. There is no negligence on the part of opposite party No.2. The complaint is liable to be dismissed.
4. On behalf of the complainant Ex.A1 to A8 are marked and sworn affidavit of the complainant is filed. On behalf of the opposite parties 1 and 2 Ex.B1 to B27 are marked and sworn affidavits of opposite parties 1 and 2 are filed.
5. Both sides filed written arguments.
6. The points that arise for consideration are:
- Whether there is deficiency of service on the part of Opposite Parties?
- Whether the complainant is entitled to the reliefs as prayed for?
- To what relief?
7. POINTS 1 and 2:- Admittedly opposite party No.1 issued Ex.A1 Jeevan Anand Insurance Policy in the name of the complainant and opposite party No.2 agreed to send the premium to opposite party No.1 from the provident fund accumulations of the complainant. The policy period was from 15-04-2004 to 15-04-2008. Admittedly opposite party No.1 received Rs.40,124/- from opposite party No.2 through a cheque dated 26-06-2004. Out of it an amount of Rs.29,323/- was adjusted by opposite party No.1 towards the first premium and the balance amount of Rs.10,801/- was sent back to the complainant as seen from Ex.B1. It is the case of the opposite party No.1 that due date for the payment of the premium is 15th April and that the second premium was received from opposite party No.2 on 03-02-2006 after lapse of grace period. As seen from Ex.A3 it is very clear that the second premium amount payable under policy was sent to opposite party No.1 through a demand draft bearing No.738424 dated 30-12-2005. The second premium payable under the policy was sent long after the policy of the complainant was lapsed by opposite party No.1. Admittedly opposite party No.2 sent the 3rd and 4th premiums payable under the policy to opposite party No.1. But opposite party No.1didnot accept the said premiums as the policy was already lapsed.
8. The complainant claims the assured amount along with benefits under the policy. It is submitted by the learned counsel appearing for the opposite party No.1 that the policy was lapsed long back and the complainant is not entitled to benefits under the policy accept the paid up value received by opposite party No.1. In Ex.B27 letter dated 17-03-2011 addressed to opposite party No.2 by opposite party No.1 it is mentioned that the policy was in lapsed conditions by 03-02-2006 and the amount to received was kept in suspense account. It is also admitted that subsequent premiums were received on 29-05-2006 and 14-11-2007. It is stated in Ex.B27 that the premium amounts received were refunded to opposite party No.2 to credit the same to the policy holders premium account. There is no material on record to show that opposite party No.1 refunded the premium amount to opposite party No.2 and the same is lying in the office of opposite party No.2. Annual premium amount is Rs.29,323/-. Four premiums at the rate of Rs.29,323/- comes to Rs.1,17,292/- (29,323 X 4). The complainant is entitled to get back the said amount of Rs.1,17,292/-. The opposite party No.1 received the premium amount from opposite party No.2. Due to negligence of opposite party No.2 in paying the premium lately the policy of the complainant was lapsed. Inspite of repeated demand made by the complainant the opposite parties did not choose to pay the amount to the complainant. There is deficiency of service on the part of opposite parties. We think it is just and proper to direct opposite party No.1 to send back the amount to opposite party No.2. The opposite party No.2 on receipt of the said amount shall pay it to the complainant without any delay.
9. In the result, the complaint is partly allowed directing the opposite party No.1 to pay the amount received in connection with the policy to opposite party No.2 within two weeks from the date of the order. On receipt of the said amount opposite party No.2 shall pay the same to the complainant within two weeks. In the circumstance of the case both parties to bear their own cost.
Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 29th day of November, 2011.
Sd/- Sd/- Sd/-
MALE MEMBER PRESIDENT LADY MEMBER
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant : Nill For the opposite parties : Nill
List of exhibits marked for the complainant:-
Ex.A1 Photo copy of Policy bearing No.673313980
dated 15-04-2004.
Ex.A2. Photo copy of letter addressed by opposite party No.2
to opposite party No.1 dated 29-06-2004.
Ex.A3 Photo copy of letter addressed by opposite party No.2
to opposite party No.1 dated 28-12-2005.
Ex.A4 Photo copy of letter addressed by opposite party No.2
to opposite party No.1 dated 11-05-2006.
Ex.A5 Photo copy of letter addressed by opposite party No.2
to opposite party No.1 dated 05-11-2007.
Ex.A6 Photo copy of Policy of Kummari Ambamma’s
policy No.673313881 dated 15-04-2004.
Ex.A7 Photo copy of Policy of P.Khasim Sahab’s
Policy No.673313978 dated 15-04-2004.
Ex.A8 Office copy of Legal notice dated 11-07-2009
along with acknowledgement.
List of exhibits marked for the opposite parties:-
Ex.B1 Photo copy of letter dated 15-10-2004 by
opposite party No.1 to complainant.
Ex.B2 Photo copy of LIC of India Machilipatnam Division
Voucher No.D0022165 for Rs.10,801/- dated 15-10-2004.
Ex.B3 Photo copy of letter by opposite party No.1 to
opposite party No.2 dated 26-02-2006.
Ex.B4 Photo copy of letter by opposite party No.1 to
complainant dated 01-06-2006.
Ex.B5 Photo copy of letter by opposite party No.1 to
opposite party No.2 dated 14-06-2006.
Ex.B6 Photo copy of letter by opposite party No.1 to
complainant dated 08-02-2006.
Ex.B7 Photo copy of LIC of India Machilipatnam Division
Voucher No.G0006983 for Rs.29,323/- dated 28-06-2006.
Ex.B8 Photo copy of LIC of India Machilipatnam Division
Voucher No.G0234327 for Rs.29,323/- dated 29-11-2007.
Ex.B9 Photo copy of letter by opposite party No.1 to
opposite party No.2 dated 31-01-2008.
Ex.B10 Photo copy of letter by opposite party No.1 to
Complainant dated 01-03-2008
Ex.B11 Photo copy of letter of LIC of India Machilipatnam
Division to complainant dated 01-03-2008.
Ex.B12 Photo copy of letter by opposite party No.1 to
complainant dated 30-03-2008.
Ex.B13 Photo copy of letter of LIC of India Machilipatnam
Division Voucher No.G0277190 for Rs.29,323/-
dated 30-03-2008.
Ex.B14 Photo copy of letter by opposite party No.1 to
opposite party No.2 dated 01-06-2006.
Ex.B15 Photo copy of LIC of India Machilipatnam Division
voucher No.G0090911 for Rs.29,323/- dated 23-02-2006.
Ex.B16 Photo copy of letter by opposite party No.2 to
opposite party No.1 Rc.No.G1/2724/06, dated 10-10-2007.
Ex.B17 Photo copy of letter by opposite party No.2 to
opposite party No.1 Rc.No.G1/2724/06, dated 05-11-2007.
Ex.B18 Photo copy of letter by opposite party No.2 to
opposite party No.1 Rc.No.G1.2724/08, dated 19-02-2008.
Ex.B19 Photo copy of letter by opposite party No.1 to
opposite party No.2.
Ex.B20 Photo copy of letter by opposite party No.1 particulars of L.I.C. Renewal premium amounts.
Ex.B21 Photo copy of letter by opposite party No.1 particulars of L.I.C. Renewal premium amounts.
Ex.B22 Photo copy of letter by opposite party No.1 particulars of L.I.C. Renewal premium amounts.
Ex.B23 Photo copy of letter by opposite party No.1 particulars of L.I.C. Renewal premium amounts.
Ex.B24 Photo copy of letter by opposite party No.1 particulars of L.I.C. Renewal premium amounts.
Ex.B25 Photo copy of letter by opposite party No.1 particulars of L.I.C. Renewal premium amounts.
Ex.B26 Photo copy of letter by opposite party No.1 to opposite party No.2 dated 17-06-2011
Ex.B27 Photo copy of letter by opposite party No.1 to opposite party No.2 dated 17-03-2011.
Sd/- Sd/- Sd/-
MALE MEMBER PRESIDENT LADY MEMBER
// Certified free copy communicated under Rule 4 (10) of the A.P.S.C.D.R.C. Rules, 1987//
Copy to:-
Complainant and Opposite parties :
Copy was made ready on :
Copy was dispatched on :
