Date of Filling :23.11.2010
Date of Disposal:15.10.2015
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, THIRUVALLUR
PRESENT: THIRU. S.PANDIAN, B.Sc., L.L.M., … PRESIDENT
TMT. S.SUJATHA,B.Sc., … MEMBER-I
CC.49/2010
Tuesday, the 15th day of October 2015
Tmt.S.Kirubai
w/o Dhanraj
Old Bank Street
Poondi - 602 023. …Complainant
/Vs/
The Branch Manager,
LIC of India, Branch Office,
J.N.Road, Tiruvallur. …Opposite Party
….
This Complaint is coming upon before us finally on 30.09.2015 in the Presence of Thiru.M.Venkatarangam, Advocate on the side of the complainant and Thiru.T.V.Suresh, Advocate for the opposite party and upon hearing arguments on the side of the complainant and perused the documents and evidence, this Forum delivered the following,
ORDER
PRONOUNCED BY THIRU. S. PANDIAN, PRESIDENT
This Complaint is filed by the complainant U/S 12 of Consumer Protection Act, 1986 against the opposite party seeking direction that the complainant has to return of policy amount less the loan amount, to pay sum of Rs.50,000/- towards the mental agony and disturbance caused by the opposite party to the complainant.
The Brief averments of the complaint as follows:
1. The complainant has subscribed to an insurance policy at the office of the opposite party of Rs.35,000/- on 31.03.1994, the policy No.710788119. The complainant has pledged the policy and obtained a loan of Rs.1800/- in 2000. So, the original policy is lying with the opposite party. Due to family circumstances and financial constraints, the complainant could not make regular payments and defaulted to pay the premium amounts as well as interest amount for the loan. So in 2005 the complainant demanded back the policy amount less the loan amount for this the opposite party was saying that the policy file was missing but in the computer programmer if could be found. It was also found that Rs.5,700/- was paid by the opposite party to the complainant and also Rs.9,900/- was paid by cheque this was in 2005.
2. The complainant did not receive any cheque. So, he has complained the opposite party, they were simply dodging and delaying for the past five years. Several efforts were made by the complainant. But the deficiency in service was not removed. So finally the complainant caused a lawyer’s notice on 24.07.2010 which the opposite party gave a reply in the same old fashion. Till this date the complainant did not receive any amount. Although the opposite party has stated to one of the counsel that the amount is deposited in Syndicate Bank, Tiruvallur. It is the same old lie. Hence this complaint.
The contention of the written version of the opposite parties has brief as follows:
3. The opposite party denies all the allegations in the complaint as false except those that are specifically admitted herein. The opposite party submits that the policy number and date of commencement mentioned in the complaint are incorrect. The correct policy number is 710788119 and the commencement starts from 01.03.2014. Initially the policy was issued under salary savings scheme. It means the premium were to be recovered from the salary with the premium of Rs.162/- per month. The scheme was subsequently modified where in, the mode of payment was converted into regular monthly mode with effect from. The loan was paid before the mode conversion.
4. The complainant has availed the first loan of Rs.1,800/- in May 1998. Again further loan was raised to the tune of Rs.5,700/- after deducting the outstanding first loan interest of Rs.165/- and payment was made on 07.04.1999 and third loan of Rs.9,900/- after deduction the outstanding interest of Rs.1,529/- and aid on 06.08.2001. The first loan was given in the year of 1998 and not in 2000 and second loan in 1999 and not in 2005 as alleged in the complaint. On all three occasions cheques were issued by the opposite party to the complainant and the same were cleared by the opposite party’s Bank.
5. The cheques were realized by the complainant and there is no outstanding showing in the books. The complainant is belated one and it is liable to be rejected for want of limitation period. The allegations in the complaint are baseless and false. The non receipt of loan cheques if to be true is also hit by law of limitation. There is no deficiency of service on their part there are no merits in the application and liable to be dismissed.
6. In order to prove the case of the complaint, the complainant filed his
proof affidavit as his evidence and Exhibit A1 to A5 are marked on the side of the complainant. Similarly the proof affidavit filed by the opposite party for his defence and Exhibit B1 is marked on his side.
7. At this juncture, the point for the consideration before this Forum is:
- Whether there is any deficiency of service on the part of the opposite party as alleged in that complaint?
- Whether the complainant is entitled for any relief as prayed for?
8. Point 1: As per the case of the complainant is that the LIC policy in the
name of the complainant became maturity, the opposite party has not come forward to settle the claim in the said policy bearing the No.710788119 even repeated demands made by the complainant and thereby the opposite party committed the deficiency in service. On the other hand the opposite party completing denied the averments made in the complaint by stating that the complainant is a defaulter, to paying the regular premium and in fact the complainant availed 1st loan Rs.1,800/- on 22.05.1998 and subsequently his availed the 2nd loan of Rs.5,700/-deducting of 1st loan on 07.04.1999 and thereafter get another loan obtained a sum of Rs. 9,900/- after deducting the outstanding interest of Rs.1529/- on 06.08.2001 and for which the complainant had made due endorsement and thereby there is no deficiency in service on the part of the opposite party.
9. At this juncture, on careful perusal of the rival submissions put forth on either side it is crystal clear that the duty cast upon the complainant to prove her case by means of relevant and acceptable evidence. First of all, on going through the evidence of the complainant it is stated that the complainant had approached with the opposite party by saying that due to the family circumstances and finance constraints, the complainant could not make regular payments and defaulted to pay the premium amount as well as interest amount for the loan. It is further learnt that the complainant demanded with the policy amount less loan amount, the opposite party stated that the complainant has availed two loans by means of cheque, but actually the complainant did not receive any cheque and even then the opposite party is dodging delaying in returning the policy amount less than the loan amount and thereby caused mental agony.
10. In order to prove the case of the complainant, she has filed Exhibit A1 Insurance policy, Exhibit A2, the receipt for payment for 1st premium, Exhibit A3, the letter written by the complainant to the opposite party and also the legal notice Exhibit A4 and the Exhibit A5, the reply sent by the opposite party to the complainant. At the outset, on perusal of the proof affidavit and the documents Exhibit B1, it is clear to reveal the fact of availing 3 loans by the complainant on applications made by the complainant on the relevant dates given by the opposite parties. Further it is learnt from the Exhibit B1, there is an endorsement for the receipt of the cheque on the date of availing the above said three loans. Further it is seen through naked eye that the signature of the complainant found in the complaint as well as proof affidavit are one and the same with that of the Exhibit B1 series documents and the same has not been denied by the complainant. Therefore the availing of 3 loans by the complainant has been proved by the opposite party and thereby fulfilled his burden of proof. Therefore the plea taken by the complainant that she has not availed 2nd and 3rd loan becomes futile.
11. In furtherance, on careful perusal of the status report of the policy, bearing the No.710788119 which is taken by the complainant and filed along with the memo by the opposite party, it is crystal clear that the complainant has paid P.U. value of Rs.13,708 and the vested Bonus of Rs.19,185.95/- aggregating the gross amount payable is Rs.32,893.95. It is further seen that the opening loan amount of Rs.9,900/- for that the interest due of Rs. 22,063/- in total Rs.31,963/-, so, after deducting the loan amount and interest due of Rs.31,963/- from the gross amount of Rs.32,893.95/- net amount payable of Rs.930.95/-only. Therefore the net amount has to be paid towards the LIC policy of Rs.930.95/- only by the opposite party, to the complainant and the said amount has not been paid till date even after several documents made by the complainant and issue of legal notice Exhibit A4.
12. In light of the above facts and observations this Forum concluded that there is a deficiency in service on the part of the opposite party in respect of the payment of Rs.930.95/- in time. Thus the Point No-1 is answered accordingly.
13. Point 2: In view of the findings arrived in point no.1, this Forum concluded that the complainant is only entitled for the return of Rs.930.95/- with reasonable compensation and cost. Thus the point no.2 is answered accordingly.
In the result, this complaint is allowed in part. Accordingly, the opposite party is directed to refund a sum of Rs.930.95 (Rupees nine hundred thirty and ninety five paisa only) towards balance amount of the policy value in policy No.710788119 along with the interest at a rate of 10% per annum from the date of maturity 01.03.2014 till the date of this order as per the rules under the Insurance Act, to pay a sum of Rs.2,000/- (Rupees two thousand only) for mental agony due to the deficiency in service and Rs.1,000/-(Rupees one thousand only) towards cost.
The above amount shall be payable within one month from the date of receipt of the copy of the order, failing which the said amount shall carry interest at the rate of 9% P.A. till the date of payment.
Dictated by the president to the steno-typist, transcribed and computerized by her, correctly by the President and pronounced by us in the open Forum on this 15th October 2015.
Sd/-*** Sd/-***
MEMBER I PRESIDENT
List of Documents filed by the complainant
Ex.A1/Dt. : Xerox copy of the Policy Bond of the complainant.
Ex.A2/Dt. : Xerox copy of the Acceptance letter cum first premium receipt of
the complainant given by the opposite party.
Ex.A3/Dt. : Xerox copy of the letter sent by the complainant to the opposite
party.
Ex.A4/Dt.24.07.2010: Xerox copy of the legal notice sent by the complainant Advocate
to the opposite party.
Ex.A5/Dt.30.07.2010: Xerox copy of the reply sent by the opposite party to the
complainant.
List of Documents filed by the Opposite Party
Ex.B1/Dt. : Xerox copy of the LIC loan details of the complainant with the
opposite party.
Sd/-*** Sd/-***
MEMBER I PRESIDENT
