CC No.706.2016

Filed on 11.05.2016

Disposed on.29.12.2018

BEFORE THE III ADDITIONAL BANGALORE URBAN DISTRICT

CONSUMER DISPUTES REDRESSAL FORUM,

BANGALORE – 560 027.

DATED THIS THE 29^th DAY OF DECEMBER 2018

CONSUMER COMPLAINT NO.706/2016

PRESENT:

Sri.  H.S.RAMAKRISHNA, B.Sc., LL.B.,

                        PRESIDENT

                    Smt. L.MAMATHAB.A. (Law), LL.B.,

                   MEMBER,

        V/S

ORDER

BY SRI.H.S.RAMAKRISHNA, PRESIDENT

1. This Complaint was filed by the Complainant on 11.05.2016 U/s 12 of the Consumer Protection Act, 1986 and praying to pass an Order directing the Opposite Parties to cancel both the policies taken by the Opposite Party No.1 in the name of the Complainant,  to give back the deposit money of Rs.3,34,600/- each to the Complainant as the deposits made in the name of Complainant by the Opposite Party No.2 and Opposite Party No.3 with the Opposite Party No.1, to pay a sum of Rs.2,00,000/- each to the Complainant by the Opposite Party No.1 Opposite Party No.2 and the Opposite Party No.3 respectively, as compensation for the mental torture, excitement and tension suffered by the Complainant on account of non-disclosure of the policy by the Opposite Party No.1.  Opposite Party No.2, and the Opposite Party No.3 respectively.
2. The brief facts of the complaint can be stated as under:

In the Complaint, the Complainant submit that, his Savings Bank Account No.25013101003343 maintained with Canara Bank, Katriguppe Branch, Bangalore-85, is credited a sum of Rs.1291/- every month without the knowledge of the Complainant.  Since the amount is very small the Complainant thought that there would be some credit by the Bank for Fixed Deposit Interest.  The Complainant requested the Bank to give the particulars of the credit of Rs.1,291/- every month during the Month of March 2016.    The Canara Bank informed that the monthly credit of Rs.1291/- is from Opposite Party No.1 i.e., LIC of India.  J.C.Road, Bangalore, for an annuity policy taken by the Complainant and on oral enquiry with Opposite Party No.1 i.e., LIC of India, J.C.Road, Bangalore, the Complainant came to know that a third party had taken a policy bearing No.041M1001037060 on the name of the Complainant.

3. The Complainant sent a communication stating that he has not at all submitted any proposal to the LIC from the Year 2003 till date.   The Complainant further submits that a letter was sent to the LIC on 21.04.2016 to communicate the details of the policy bearing No.041M1001037060 to the Complainant and informed the Opposite Party to stop crediting the amount of Rs.1291/- immediately as it was wrong credit by the Opposite Party.  The Complainant further submits that as per the agreement or contract, a proposal to be submitted by the proposer to the Insurance Company and in confirmation, the Insurance Company would send the Bond incorporating the terms and conditions to the Proposer Cum Policy Holder.   The Complainant has not received the Bond at all. 
4. The Opposite Party No.1 informed in their letter dated 25.04.2016 that there is an Annuity Policy taken by Opposite Party No.2 i.e., Eveready India Managerial Staff Pension Fund at Calcutta, took a policy on his name and Policy No.041M1001037060 during the Year November 2003 and it is still in operation.  An amount of Rs.1291/- as monthly Annuity No.01-4169 and an amount of Rs.3,34,600/- would be paid to the nominees afterwards.  So from November 2003 till date, the Complainant was not aware of any policy taken by the Opposite Party No.2 with the Opposite Party No.1 and the terms and conditions of the Annuity Policy.  The Complainant came to know only after sending the letter to the Opposite Party No.1 on 21.04.2016 and there was no disclosure either by the Opposite Party No.1 or by the Opposite Party No.2 respectively till April 21, 2016. 
5. The Opposite Party No.1 in their letter dated 25.04.2016 informed that there is another annuity policy bearing No.GSCA/999999 on 01.10.2003 taken by the Opposite Party No.3 i.e.. the Trustees Monsanto Chemicals of India Limited, Mumbai, during the Year October 2003, in the name of the Complainant and this policy is also still under operation.  An amount of Rs.1291/- as monthly Annuity No.01-4169 would be paid every month and a Purchase Price of Rs.3,34,600/- would be paid to nominees of the Complainant afterwards.  So from October 2003 till date, the Complainant was not aware of any policy taken by the Opposite Party No.2 with the Opposite Party No.1 and the terms and conditions of the Annuity Policy.   The Complainant came to know only after sending the letter to the Opposite Party No.1 on 21.04.2016 and there was no disclosure either by the Opposite Party No.1 or by the Opposite Party No.2 respectively till April 21, 2016.   

6. The Opposite Party No.1 in their letter dated 25.04.2016 informed that there is another annuity policy bearing No.GSCA/999999 on 01.10.2003 taken by Opposite Party No.3 i.e., the Trustees, Monsanto Chemicals of India Limited, Mumbai, during the Year October 2003, in the name of the Complainant and this policy is also still under operation.  An amount of Rs.1291/- as monthly Annuity No.01-4169 would be paid every month and a Purchase Price of Rs.3,34,600/- would be paid to nominees of the Complainant afterwards.  So from October 2003 till date, the Complainant was not aware of any policy taken by the Opposite Party No.3 with the Opposite Party No.1 and the terms and conditions of the Annuity Policy still not known.  The aforesaid two policies were taken on the name of the Complainant without his knowledge and information by the Opposite Party No.2 and Opposite Party No.3 respectively.  The Opposite Party No.2 and Opposite Party No.3 had taken a policy each in the name of the Complainant, for the same amount of purchased price, annuity and on the same period with Opposite Party.  Actually, the Complainant should get two credits for two polices.  As per the records made available to the Complainant by the Opposite Party show that the Opposite Party collected two deposits of Rs.3,34,600/- each in the name of Complainant from the Opposite Party No.2 and Opposite Party No.3 respectively.  Therefore, the annuity is Rs.2,582/- and the credit should have been Rs.2582/-.  Since only one amount of Rs.1291/- is credited in the savings bank account of Complainant, the Complainant is in utter confusion, tension and mental agony and excitement as the Complainant did not know where the other credit has gone and the present credit of Rs.1,291/- is for which account.  Also, if there is a wrong credit, the Opposite Party No.1, at a future date, would inform for repayment of wrong credit made in the Savings Bank Account for the past 13 years.  The total amount is now comes to Rs.2,00,000/- Plus the accrued interest there on.  So the Complainant sent a letter dated 03.05.2016 to the Opposite Party to stop crediting the sum of Rs.1291/- to his account from the Month of May 2016 onwards till the source of credit to be confirmed by the Opposite Party No.1., Opposite Party No.2 and Opposite Party No.3 respectively.  This will reduce the liability, in case, the Opposite Party No.1 claims that there is a wrong credit in the account of the Complainant.  The Complainant was put into hardships and mental harassment due to this mix-up and there is deficiency in service by the Opposite Party No.1, Opposite Party No.2 and Opposite Party No.3 respectively.  Under these circumstances, the Opposite Party No.2 and 3 entered into Opposite Party No.1 for Annuity Policy and in turn, the reasons how the Opposite Party No.1 had given two policies in the name of the Complainant to the Opposite Parties without making any proposal or request by the Complainant and the reasons how the purchase price of policy is of RS.3,34,600/- each arrived by the Opposite Party No.1, Opposite Party No.2 and Opposite Party No.3 respectively.

7. Both the policies were taken in the name of the Complainant.  The Complainant did not know the existence of the policies and how the nominees would come to know if there are two policies in existence in the name of the Complainant unless the Complainant would disclose the same.  The Opposite Party No.1 entered into agreement to get wrongful gain and can appropriate the amount paid by the parties as there will not be any claimant at all for taking the amount of Rs.3,34,600/- each.  There is a deficiency by the Opposite Party No.1 by not taking the proposal of the Complainant and also not disclosed to the Complainant the existence of Policies.  So the annuity policies taken by the Opposite Party No.2 and Opposite Party No.3 are not enforceable by law and it is void.    Hence, this Complaint.

8. Even though notice was served on the Opposite Party No.2, but the Opposite Party No.2 fails to put their appearance, hence placed ex-parte. 

9. In response to the notice, the Opposite Party No.1 & 3 put their appearance through their counsel. Eventhough the Opposite Party No.3 put their appearance through their Counsel, but failed to file their version.  On the other hand, Opposite Party No.1 filed their version in the version pleaded that the complaint is false, frivolous, vexatious, imaginary, concocted and unsustainable in law.  The various allegations made in the complaint are baseless, false and untenable.  There is no deficiency in performance of service by the Opposite Party No.1 as the Complainant has been in continuous correspondence with Pension and Group Superannuation Unit, LIC of India, Divisional Office-1, Bengaluru-02 right from 2003 till date and avers that he has not been aware about the pension policy. The Complainant furnishers his account number with Canara Bank, Katriguppe as 25013101003343, whereas the Correct Number is 2513-1010-03343 to which account monthly pension of Rs.1,291/- is getting credited and this number was furnished to the Opposite Party No.1 by none other than the Complainant himself vide letter dated nil which was acknowledged/updated by Opposite Party LIC on 07.09.2009 Rs.1,291/- per month is being credited to his account without his knowledge and that he thought that would be interest on fixed deposit etc. are lame excuses without any basis.

10. The Complainant had not at all submitted any proposal to LIC and that he is not in possession of policy bond bearing No.041M1001037060 and wrote to the Opposite Party LIC vide letter dated 21.04.2016 to withhold the pension remittances, calling for the policy details.  Opposite Party LIC vide its letter dated 25.04.2016, has furnished all the details sought for that the amount of Rs.1,291/- is the annuity purchased by the Complainant erstwhile employer Eveready India Mangerial Staff Pension Fund with a purchase price of Rs.3,34,600/- and from Nov.2003 till date, annuity instalments credited to the Complainant’s Account.  As this was a Group Insurance Policy, no individual policy bonds shall be issued to individual members and one Master Policy has already been issued to the Proposer/Eveready India Managerial Staff pension Fund bearing No.GA/22334/ 041M1001037060 by P & GS Department of Calcutta Metropolitan Division-I of Opposite Party LIC.  This Group Policy, consisting of various other members, continues to be in service at their Kolkata Divisional Office IP & GS Unit and only the Annuity Servicing of the Complainant got transferred to Bangalore Divisional Office IP & GS Department and the Annuity number got changed to 01/4159 and on 23.01.2004, a letter was sent to the Complainant requesting him to furnish the Bank details for crediting monthly annuity installments through ECS.  But the ECS details were not furnished by the Complainant and monthly cheques were sent to him and vide his letter dated 09.06.2005.

11.  The Complainant had requested Opposite Party LIC to issue a certificate of Pension Credit for submission to Income Tax Authorities.  Right from November 2003 till now, he was not aware of any policy taken by Opposite Party No.2, Complainant’s erstwhile Employer Eveready and he came to know of it only after writing to Opposite Party LIC on 21.04.2016.  But, the Opposite Party LIC submits that three more letters to the Complainant on 16.12.2003 transfer out letter from Kolkata dated 12.01.2004 and the Transfer-in-letter dated 23.01.2004.  Further the Complainant has acknowledged on 14.09.2009 the cheque No.824833/7.5.2009 for Rs.1,291/- issued in lieu of ECS un-credited for the Month of Aug.2009.  Hence, the Opposite Party LIC submits that it is crystal clear that the complaint is a bundle of lies and fabricated information and the Complainant has suppressed material information which should have been submitted to the Hon’ble DCF.  Opposite Party LIC accepts the fact that the Annuity Policy was taken by Eveready and as per the Plan details, the Complainant shall get the monthly pension of Rs.1,291/- during his life time and after the death of the Pensioner, the purchase price of Rs.3,34,600/- will be refunded to the Nominee Smt.N.V.Lakshmi, spouse of the Complainant.  He has received a letter from Opposite Party LIC dated 25.04.2016 wherein it was informed to him that another annuity policy bearing No.GSCA/999999 taken by Monsonto Chemicals of India Limited, Mumbai do exist in his name and that he would get monthly pension of Rs.1,291/- and a purchase price of Rs.3,34,600/- would be paid to Nominee on exigency.  All these statements are totally lie and in the said letter, no mention whatsoever about another policy etc. was made. One computer statement containing the above details, which in fact was print out of a junk master, which was created immediately after transfer of the master from Kolkata to Bangalore and before incorporating the new annuity number.   The Complainant never worked for Monsanto Chemicals of India Limited, Mumbai and hence, there is no justification in the Complainant’s statement that Monsanto Chemicals of India Limited, Mumbai had taken another policy for his annuity. 

12. It is further submitted by the Opposite Party LIC that none of the points raised by the Complainant are true and all statements are fabricated, vexatious and imaginary.  Opposite Party LIC has been rendering yeoman service to crores of policy holders including the Complainant and his Annuity installments from Nov.2003 upto date are credited on the due dates without any delay.  Hence, there is no deficiency on the part of Opposite Party LIC and the question of refund of capital amount; payment of relief etc. will not arise, as the Annuitant is eligible only for the amount which is being paid as per terms and conditions of the group annuity policy.  Hence prays to dismiss of this complaint.   

13.   The Complainant, Sri.S.Sangameswaran filed his affidavit by way of evidence and closed his side. On behalf of the Opposite Party, the affidavit of Sri.N.V.Ramana has been filed.   Heard arguments of both parties.

    14.       The points that arise for consideration are:-

1. Whether the Complainant has proved the alleged deficiency in service by the Opposite Parties ?
2. If so, to what relief the Complainant is entitled?

15.     Our findings on the above points are:-

POINT (1)             :-   Negative

POINT (2)             :-  As per the final order

REASONS

16.   POINT NO.1:-  It is not in dispute that the Complainant is having Savings Bank Account No.25013101003343 with Canara Bank, Katriguppe Branch, Bengaluru-85.  It is also not in dispute that a sum of Rs.1,291/- is crediting to the account of the Complainant above said account. 

17.   It is further case of the Complainant that the Canara Bank informed that the monthly credit of Rs.1,291/- is from Opposite Party No.1 i.e., LIC of India, for an Annuity Policy taken by the Complainant and on oral enquiry with Opposite Party No.1 i.e., LIC of India, the Complainant came to know that a third party had taken a policy bearing No.041M1001037060 on the name of the Complainant.   The Complainant has not at all submitted any proposal to the LIC of India from the Year 2003 till date.  The letter was sent to the LIC of India on 21.04.2016 to communicate the details of the policy bearing No.041M1001037060 to the Complainant and informed the Opposite Party to stop crediting the amount of Rs.1,291/- immediately.   In order to substantiate this, the Complainant Sri.S.Sangameswaran, in his sworn testimony, he has reiterated the same and produced the letter dated 21.04.2016, except this, the Complainant has not placed any other evidence to believe in the contention of the Complainant.

18.   On the other hand, the defence of the Opposite Party is that the amount of Rs.1,291/- is the annuity purchased by the Complainant erstwhile employer Eveready India Mangerial Staff Pension Fund with a purchase price of Rs.3,34,600/- and from Nov.2003 till date, annuity instalments credited to the Complainant’s Account.  As this was a Group Insurance Policy, no individual policy bonds shall be issued to individual members and one Master Policy has already been issued to the Proposer/Eveready India Managerial Staff pension Fund bearing No.GA/22334/041M1001037060 by                         P & GS Department of Calcutta.   In support of this defence, Sri.N.V.Ramana, Manager, Legal & HPF, in his sworn testimony, he has reiterated the same and produced letter addressed by the Opposite Party No.1 dated 25.04.2016.  As looking into this letter, it is very clear that the Annuity is purchased by Eveready India Managerial Staff Pension Fund, with a Purchase price of Rs.3,34,600/- and on this, Rs.1,291/- is being paid as Annuity from                  1^st November 2003 till date i.e., upto 4/2016.   This letter is addressed by the Opposite Party with reference to the letter addressed by the Complainant dated 21.04.2016 and also produced the Proposal Form for taking Group Insurance Policy by Eveready India Managerial Staff Pension Fund which is dated 01.10.2003, even by looking into this also it is very clear that the Eveready India Managerial Staff Pension Fund is in the name of the Complainant with a purchase of Rs.3,34,600/- and also produced the letter dated 23.01.2014 addressed by the LIC of India to the Complainant informing that the Group Insurance Policy taken by the Eveready India Managerial Staff Pension Fund, Kolkata transferred to Bengaluru Division and also produced the Ledger Sheet as well as Transfer Letter from Kolkata.  As looking into these documents, it is clear that the LIC of Kolkata Division maintained ledger in the name of Eveready India Managerial Staff Pension Fund to which the Complainant is the one of the member and purchase price is Rs.3,34,600/- and Annuity amount is Rs.1291/- this policy has been transferred to Bengaluru Division from Kolkata Division on 12.01.2004, this letter is addressed by Kolkata Division Office to the Bengaluru Division enclosed copy to the Complainant as well as Eveready India Managerial Staff Pension Fund regarding the transfer of the policy. 
19.   So from this evidence, it is very clear that for taking Group Insurance Policy by the Eveready India Managerial Staff Pension Fund is in the name of the Complainant.  For that Annuity amount of Rs.1,291/- is credited in the savings bank account of Complainant is known to the Complainant in the Year 2003 and subsequent dates.  Thereby, it is proper to accept the defence of the Opposite Parties, but whereas it falsifies the case of the Complainant that the Complainant was not aware about the pension policy and a sum of Rs.1,291/- was wrongly credited to his account by LIC of India.  Thereby, the Complainant failed to prove that there is deficiency of service on the part of the Opposite Parties as alleged in the complaint.  Hence, this point is held in Negative.

20. In the result, for the foregoing reasons, we proceed to pass the following order:

ORDER

The complaint is dismissed.  No cost.

Supply free copy of this order to both the parties. 

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Forum on this, dt.29^th day of December 2018).

  MEMBER                                                         PRESIDENT

LIST OF WITNESSES AND DOCUMENTS

Witness examined on behalf of the Complainant:

1. Sri.S.Sangameswaran., who being the Complainant has filed his affidavit.

List of documents filed by the Complainant:

1. Complainant letter dated 21.04.2016.
2. Opposite Party No.1 letter dated.25.04.2016.
3. Copy of the Policy made by Opposite Party No.3.
4. Letter by Complainant dated.03.05.2016.

Witness examined on behalf of the Opposite Parties:

1. Sri.N.V.Ramana, Manager of Opposite Party by way of affidavit.

List of documents filed by the Opposite Party:

1. Certified copy of undated letter given to Opposite Party No.1.
2. Certified copy of letter dated 25.04.2016.
3. Certified copy proposal Form Group Annuity Policy dated.01.10.2003.
4. Certified copy of transfer of annuity records dated.23.01.2004.
5. Certified copy of letter dated 09.06.2005.
6. Certified copy of annuity ledger sheet dated 16.12.2003.
7. Certified copy of transfer of annuity docket dated 12.01.2004.
8. Certified copy of transfer in letter dated 23.01.2004.
9. Certified copy of letter in lieu of annuity due 08/2009. 

      MEMBER                                                             PRESIDENT