Date of filing :- 23/08/2011

Date of Order :- 13/01/2014

DISTRICT CONSUMER DISPUTES REDRESSAL FOURM(COURT)

B A R G A R H.

Consumer Dispute Case No. 33 of 2011.

Smt. Bijay Laxmi Bohidar, wife of Netranand Boxi, aged about 64(sixty four) years, occupation:- Retired Head Mistress, O.E.S.II now House wife, resident of Boxinivas, Badpanda Goli, College Road, At/Po and Dist. Bargarh, Orissa

..... ..... ..... Complainant.

- V e r s u s -

1. The Manager of the Sambalpur Divisional Office of L.I.C. of India, At- Ainthapali, Po. Budharaja, Ps. Ainthapali, Dist. Sambalpur, Pin-768004.

2. The Branch Manager, L.I.C. of India, Sambalpur Branch-II, Ist Floor, Housini Tower Ainthapli, Po. Budharaja, Ps. Ainthapali, Dist. Sambalpur, Pin-768004.

3. The Branch Manager L.I.C. of India, Bargarh, At/Po/Ps and Dist. Bargarh.

   ..... ..... Opposite Party.

Counsel for the Parties:-

For the Complainant:- Sri L.N.Pradhan, Advocate with others Advocates.

For the Opposite Parties:- Sri D.D.Mishra, Advocate with others Advocates.

-: P R E S E N T :-

Miss Rajlaxmi Pattnayak ..... ..... ..... ..... ..... ..... ..... P r e s i d e n t.

Smt. Anjali Behera ..... ..... ..... ..... ..... ..... M e m b e r.

Sri Pradeep Kumar Dash ..... ..... ..... ..... ..... ..... M e m b e r.

Presented by Smt. A. Behera, Member .

Smt. Bijalaxmi Bohidar, the Complainant in this case is a retired Government Teacher who had a policy vide NO. 591181876. She was paying her premium due from her salary till her retirement. But after her retirement she settled at Bargarh, getting no information from LIC about payment of next premiums. She requested the LIC to transfer the policy to their Branch at Bargarh so that will be convenient for her to pay the premium at a place where she resides. But got no instruction yet she later came to know about late fees imposed upon her for non payment of premium for the policy and since her grievance were not attended by the Opposite Party. She preferred this complaint.

Opposite Parties been noticed appeared through their counsel and filed their show cause/version on the issue on Dt.16/12/2011 denying the charges.

Final hearing of the matter was due on Dt.03/12/2013 and parties submitted their respective causes in great detail.

Complainant relied on following documents to establish her cause.

1. Xerox copy of letter Dt.01/03/2007 to Opposite Parties.

2. Xerox copy of reminder dated 04/03/2009.

3. Xerox copy of letter Dt.24/12/2010 to Opposite Party No.1(one ) and No.2(two).

4. Xerox copy of letter Dt.14/02/2011.

5. Xerox copy of verification from Opposite Party No.3(three).

6. Xerox copy of letter Dt.26/03/2011 to Opposite Parties.

7. Xerox copy of letter Dt.31/03/2011 issued to the Complainant.

Heard the submissions at great length perused the case record and various documents filed by the Parties upon which the following facts come out.

1. That the Complainant was a school teacher and retired on Dt.31/08/2006 being in the position of Head Mistrees, Lady Lews Girls High School, Sambalpur. This fact was admitted by Parties and need not be proved further.

2. That, she took a policy with LIC of India vide No. 591181876 for benefits and used to pay the premiums till her retirement being deducted from the monthly salary admitted fact need no probe.

3. After retirement the shifted to Bargarh where her family is settled and waited her policy to be transferred to Bargarh branch so she can pay the premium with cash but got no communication from the OP's of any kind. Being worried she inquired the matter through her husband and got to know that she was charged with some late fee for the delay in paying monthly premiums, which were regular till her retirement, and even after her request to allow her to pay the premium yearly as she is not getting any salary after retirement. But no heed was paid to her grievances.

4. The letter of revival of her policy which was lapsed due to non payment of premiums was sent to some other address and not to her present address. This fact is ascertained from the documents filed by the Complaint. But some how this fact was know to the Complainant, as she has raised her objection to the late fine of Rs.12,194/-(Rupees twelve thousand one hundred ninety four)only imposed upon her through her letter dated 26/03/2011.

5. The letter in reply to Complainant's letter dated 26/03/2011 from Manager (CRM) dated 31^st March approves the sending of status letter to a new address.

6. The Opposite Party denied vividly all the charges made against them and pleads not guilty of any deficiency of service.

7. Copy of the policy filed by the Complainant shows that this address mentioned there in is of her permanent address at Bargarh so why the status letter about lapse of her policy and instructions were sent to some other address got no satisfactory answers from the Opposite Party.

8. The Complainant himself and her husband Sri Netrananda Boxi were presented as witness as on behalf of the Complainant to substantiate her cause and were duely examined on oath. The examination of witness ascertains most facts which documents filed in the case reveals.

Under careful consideration to the whole submission of both counsel of bot the Parties and under the above discussed facts and circumstances Forum opines that the wrong caused inconvenience to the Complainant due to the mistake of Opposite Party hence Forum Orders.

1. The Opposite Parties to give the Complainant a fresh calculation of outstanding premiums till date without any late fine imposed, required for revival of the policy within fifteen days of this Order.

2. The Complainant will deposit all the balance premiums as per this fresh calculation provided by Opposite Parties within fifteen days of receiving of the Order information from Opposite Party.

3. The Opposite Parties to accept all part due premiums from the Complainant starting after last payment date 01/03/2007, till now and revive the policy to active status with its continues effect.

4. After receipt of the above premiums from the Complainant revive the policy immediately.

5. Will not impose any late fine on the Complainant.

6. No costs.

All the above order to be completed within one month of this order failing which appropriate action may be initiated.

Disposed accordingly.

Typed to my dictation

and corrected by me.

                        I agree,                                                      I agree,                                               I agree,                                                                        (Smt. Anjali Behera)                                   (Sri Pradeep Kumar Dash)                 ( Miss Rajlaxmi Pattnayak) 

                     M e m b e r.                                                  M e m b e r.                                    P r e s i d e n t.