This appeal is directed against the final order dated 18/07/2019 passed by the Ld. D.C.D.R.F, Siliguri in CC/34/S/2019. The fact of the case in nutshell is that the complainant Dr. S.S. Sastri was holding a life insurance policy issued by LIC, Sevoke Road Branch, Siliguri which was supposed to be matured and credited to the bank account of the policy holder on 28/03/2019. Before maturity the complainant submitted necessary bond and other related documents before the Insurance Company on 27/02/2019. He expected that the maturity value of the insurance policy would be credited to the account on 28/03/2019. On anticipation of receiving such amount to the tune of Rs. 08,08,500/- he settled to purchase a land from an intended seller and was agreed to the terms of such purchase agreement to pay the consideration price on 28/03/2019. But the insurance company did not transfer the fund into the bank account of the insured on 28/03/2019 which he was supposed to receive the same from the office of the insurance company on 28/03/2019. The insurance company has failed to deposit the said amount on stipulated date 28/03/2019 and for that reason, he had to cancel the proposed land deal for which he sustained a huge amount of loss for his inability to purchase the land in due time. He, then, sent a legal notice through Ld. Advocate to the LIC and the LIC finding their own fault has credited into the bank account of the insured on 11/04/2019 by issuing a backdated cheque bearing no. 364898 by mentioning the date 28/03/2019. The cheque was encashed on 11/04/2019. So, the complainant registered the consumer complaint for the loss which he sustained along with the compensations for deficiency of service on the part of the LIC. The Ld. Forum after hearing the complainant has dismissed the complaint on admission stage on the ground that the cause of action mentioned in the consumer complaint was misconceived one and the financial loss due to cancellation of land deal could not be substantiated by any documentary evidence.

Being aggrieved with the said order this appeal follows on the ground that the order of dismissal of consumer complaint on the part of the Ld. Forum is frivolous and unacceptable in the eye of law. The appeal was admitted on its own merit and the notice upon the LIC was served through post. The LIC after receiving the copy of memo of appeal has contested the appeal through Ld. Advocate.

DECISION WITH REASONS

Admitted position is that the complainant/appellant and his wife had purchased the LIC policy from the respondent-company which was supposed to be matured on 28/03/2019 and the complainant/appellant has expected that the matured amount to be credited into his bank account in due time on 28/03/2019. And to get the maturity amount in due time he has submitted the claim application, bond with other necessary documents before the LIC authority to get the maturity value on 27/02/2019. It is also not disputed on the part of the LIC that due to some official lapses the LIC could not disburse the said amount in favour of the appellants on due date that is on 28/03/2019. Thereafter, the complainant/appellant was compelled to send legal notice to the LIC and LIC could realize their own fault and lapses after receiving the lawyers letter and then promptly they disbursed the amount by issuing an anti-dated cheque showing the payment was disbursed on 28/03/2019 though the maturity value was deposited and credited into the bank account of the complaint on 11/4/2019. Therefore, the deficiency of service on the part of the LIC is clearly established in this particular dispute. And the LIC during the course of hearing of the appeal has admitted the said fault and lapses on their part for some reasons which was not known to the then Branch Manager as it was clerical and official mistakes of the ministerial staffs who was entrusted to do the job in a proper manner. The cause of action of this case suddenly arises after 28/03/2019 and the complainant has registered the consumer complaint within months from the date of maturity of the policy, where clear two years statutory limit period was still there in the case of the instant consumer. So, no effective reason could be detected as to why the consumer complaint was dismissed in the nip of the bud. The order of Ld. Forum apparently shows that no judicial mind was approached at the time of determining admissibility of the case. So, this order of the Ld. Forum is liable to be set aside.

Hence it is,

ORDERED

That the appeal be and the same is allowed on contest without any cost. The final order of Ld. D.C.D.R.F, Siliguri on 18/07/2019 in CC/34/S/2019 stands set aside. The instant consumer complaint by Dr. S.S Sastri bearing no. CC/34/S/2019 is hereby admitted. The LIC authority has already got information about the registration of the case and for that reason no notice is required to be sent further to the address of the Ops however the op will be at liberty to receive the copy of notice from the office of the Ld. D.C.D.R.F, Siliguri in reference to this case and to submit the W.V within 45 days from the date of receiving the copy of order passed by this Commission today.

Let a copy of this order be supplied to the parties free of cost and the same to be communicated to the Ld. Concerned Forum through e-mail.