IN THE COURT OF DISTRICT CONSUMER DISPUTS REDRESSAL FORUM, NALANDA
Complaint Case No. 28/2009
Murari Lal Agarwal, Advocate
S/o.Late Banarsilal Agrawal, Mohalla-
Qamruddinganj, P.S.- Bihar, P.O,-Town-
Biharsarif (Nalanda)…………………………………………………..Complainant
Vrs.
The Chairman, Unit Trust of India, 13.
Siri Vithal Das Thackersey Marg, (New Marine Lines)
Mumbai-400 020,
and Other's………………………………………………………………Opposite Party.
Present:- 1. Shree Chandra Shekhar Pradhan
District & Session Judge (Retd).
President, District Consumer Forum,
Nalanda.
- Md. Gyasuddin, Male Member,
District Consumer Forum,
Nalanda.
Order
Dated:-26-07-2018
(1) This complain case has been filed by Murari Lal Agarwal, Advocate, S/o.Late Banarsilal Agrawal, resident of mohalla -Qamruddinganj, Biharsharif, District- Nalanda against the Branch Manager, ULIP Maturity Section UTI Kolkata main branch Office 29 N.S. Road Kolkata 700 011 and others for alleging delay in respect of redemption cheque of Rs. 51,670.60 (Rupees Fifty one thousand six hundred paisa sixty) from 26-03-2001 to 31-08-2009
(2) The Complaint has taken a ULIP policy membership No. 0910211119344. Whose maturity date was on 23-03-2001, the complaint has deposited all ten installment of policy. For getting maturity amount of the above policy applicant had sent a letter on 08-02-2000 by Register post with AD to Opposite Party No. 2, starting there A/c No. Bank's Name of the petitioner with his address at Patna for sending maturity amount. After non-receipt of maturity amount of this above mentioned policy which was due on 31-01-2001. The petitioner send reminder letter on 28-07-2002 and 25-008-2002. to opposite party No. 2 for making payment of maturity amount of policy No. 0910211119344. He also sends letter to opposite party No. 1 and 3 and The Chairman of Insurance Regulatory and Development Authority Hyderabad on 01-08-2006.
(3) On 04-09-2006 O.P. No. 2 send a Demand draft No. 339982 date-31-08-2006 for Rs. 51,670.60 (Rupees Fifty one thousand six hundred paisa sixty) only in Lieu of maturity amount of the policy which was due on 31-01-2001 actually payment was made on 31-08-2006.
(4) The Petitioner send a protest letter to opposite party for payment of interest for the period of delayed payment. But got no response from opposite party. Then the petitioner served a legal notice to O.P. No. 2 on 25-08-2007 Claming interest @15% on delay payment of Maturity amount from date of maturity. The complaint also served the copy of claim of O.P. No. 1 and 3 and the Chairman IRDA Hyderabad.
(5) After receipt of the legal notice O.P. 1 send a letter to petitioner assuring to take up the matter shortly with OP No. 2
The complaint received a letter dated 20-09-2007 from UTI Technology services ltd, Kolkata stating that the maturity proceed were forward to you in normal cause and with the stipulated time and there was no prima-facie Lacuna or deficiency in service on the part of UTI as that there was some problem with your address and the post Authority might not traced your address. As per record the maturity amount was processed and policy.
(6) Heard the both side learned advocates and after going through the record the forum find that the maturity of the ULIP was due on 30-01-2001 but maturity amount was received by the petitioner on 31-08-2006. So there is a deficiency in the service of opposite parties. So far in the concern of limitation, there is no time barred because O.P. 1 has continued correspondence with the compliant up to 20-09-2007 regarding the delayed payment of maturity.
(7) The Forum orders the O.Ps., to pay the interest @10% of maturity amount of Rs. 51,670.60 (Fifty one thousand six hundred seventy and paise sixty only) from February 2001 to 31-08-2006 within 30 days of the order and also order to 5000/-(five thousand as compensation and 5,000(Five thousand) for mental agony and physical harassment to the complainant.
Let a copy of both the parties free of Cost
Dictated & Corrected by.
(Md. Gyasuddin) (Chandrashekhar Pradhan)
Male Member President
