Ld. Advocate(s)

                        For Complainant:  Safikul Alam.

                        For OP/OPs : Swapan Ghosh.

Date of filing of the case       :13.09.2018

Date of Disposal  of the case          :30/11/2022

Final Order / Judgment dtd.

The facts of the case:-  complainant has two policies being numbers:- 422180663 and 4221777387 dt. 31/03/2000. The policy  papers are filed as annexure 9 and 10.

Complainant had paid premium regularly and complainant to get the Rs. 4,000/- each from above two policies from the OP.

After that complainant did not get the 4,000/- + 4,000/- total Rs. 8,000/- from the OP. complainant informed the matter through letter on dt. 17/10/2017 those are filed as annexure 1.

Opposite party send an information that they has been already paid the two cheques being No. 735156 and 735494 amounting Rs. 4,000/- total 8,000/- and two cheque have been cleared on 21/03/2015 and 06/04/2015.

But complainant did not received any claimed amount.

Thereafter complainant lodge a complaint against the OP before the CA and FBP Krishnanagar Office to attend on 04/07/2018 but OP did not present that day.

It is further case of the complainant that when the OP did not meet the grievance of the complaint and did not co-operate then has to file their copy before this Commission with prayer for relief as mentioned (1) Claim of Rs. 4,000/- + 4,000/-  = 8,000/- (2) A sum of Rs. 20,000/- mental pain and agony. (3) A sum of Rs. 8,000/- against current rate of interest.

In support of his claim complainant filed copy of (1) claim letter of L.I.C Krishnanagar Branch.  Annexure-I. (2) Photo copy of clearing details Axis Bank of Krishnanagar.      Annexure-II. (3) Photo copy of latter of CA and F.B.P. dt. On 11/06/2018 Annexure-III.  (4) Two Photo copy of renewal premium receipt. (5) Photo copy of SBI Pass book. (6) Two LIC Certificate.

After admission of the complaint process were issued upon OP who appeared on 18/01/2019 and their W/V.

In the W/V has been alleged by OP that there is no cause of action against the OP and complaint is frivolous. The specific allegation against the OP that they did not fulfilled requirement of complainant but supportive documents provided by the OP that is not true.

It appears from the case record that complainant did not filed BNA and even did not filed Showcause at the stage of argument. OP filed BNA on dt. 16/06/2022.

Vide Order No. 22 dt. 15/09/2022 and Vide Order No. 23 dt. 28/11/2022 at the final day of argument complainant did not appeared so argument of this case be heard from the side of the OP.

Decision with reasons

All the points are taken up together for discussion for the sake of convenience  as each are enter related. From documents filed by complainant that it is admitted fact that the complainant has taken an two insurance policy from the OP under policy No. 422180663 and 422177387 and he had paid premium for said policy regularly. Thus complainant covers the provisions of consumer as provided in the Consumer Protection Act.

From the documents of complainant it not cleared that he did not received claim amount. On the other hand on behalf of OP LIC appeared and submitted W/V on 18/01/2019 along with supportive documents in respect of encashment of two cheques of 4,000/- each through his Krishnanagar Head Post Office S/B, A/c No. 1026950 and Axis Bank also confirmed clearing claim amount against said two cheques.

Afterthat complainant Sukumar Biswas did not filed any evidence                                    or objection in this regard.

So after considering the enter respects of this case we are of the view of the repudiation of claim of complaint by OP on ground that supportive documents furnish by complainant is not justified above this case related matter.

Final Order  

Date:-30/11/2022

An application has been filed by the complainant against the OP allegation deficiency in service u/s 35 of the CP Act, 2019 as stated in the complaint petition.

At the time of argument complainant did not appeared and an show cause order has been issued against him. Despite given such direction complainant did not filed any reply to show cause and not to filed BNA above this case.

After that next opportunities given the complainant but complainant not to appeared for argument regards this case.

Let the said order be considered as part of this final order.

Accordingly, the instant consumer complaint being CC/155/2018 un successes and it is dismissed for default.

Hence, it is order :-

The instant consumer complaint being No. CC/155/2018 is dismissed for default.