DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KANDHAMAL, PHULBANI

                                                                                   C.C NO.17 OF 2016

Present:   Sri Rabindranath Mishra       - President.

                  Miss Sudhiralaxmi Pattanaik - Member.

                 Sri Purna Chandra Tripathy     - Member.

Smt. Nalini Behera, aged about 55 years

W/O: Dr. Purna Chandra Behera At: Nadikhandi Sahi

PO/PS: Phulbani Dist: kandhmal. Odisha.                                  ………………………….. Complainant.

                          Versus .

1. The Senior Divisional Manager

L.I.C of India, Divisional Office, Khodasingh

PO/PS: Berhampur Dist: Ganjam. Odisha

2. The Senior Branch Manager

LIC of India, Phulbani Branch, Phulbani At/PO/PS: Phulbani

Dist: Kandhmal, Odisha

3. Sri Kali Charan Prasant Jena

Chief Life Insurance Advisor, LIC of India, Phulbani

At:Dhipa Sahi PO/PS: Phulbani Dist : Kandhamal, Odisha        ……………………………..  OPP. Parties.

For the Complainant: Sri H.Ch. Maharana, Advocate and his Associates

For the OPP. Parties: For  O.P No.1 & 2 Sri Bijay Kumar Mohanty, Advocate

                                          For  O.P No.3: self.

Date of Order: 29-12-2016

                                                                                                O R D E R

                                   The case of the Complainant in brief is that as per advise of O.P No.3, she deposited Rs.56, 509/- towards the premium for opening of Four Insurance policy in the name of herself and her family members. The money receipt was granted in her favor vide BOC No. 900131 dated. 31-12-2013 through Merchant ID No. A00407480. But the Complainant has not received the policy bond till the date of filing of this complaint. On 08-06-2015 the Complainant submitted an application before O.P No.2 to issue the policy bond or to refund the amount deposited as she has not received the bonds. As the Opp.

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Parties have not taken any steps this complaint was filed by the Complainant claiming the deposited amount from the O.Ps with 12% interest per annum along with compensation of Rs. 30,000/- towards harassment and mental agony. She also claimed Rs. 10,000/- towards cost of litigation.

                                   The case of the O.Ps as per their joint version is that the O.P No.2 despatched 4 original bonds by registered post to the Complainant which was received by her on 11-07-2016. The delay for issue of policy bonds is not intentional but due to lack of in time communication between the parties. Hence, the O.ps never committed any deficiency in service and took all necessary steps for redressal of grievances of the Complainant.

                                   The O.P No.3 stated in his version that he advised the Complainant to make enquiry in the office of O.P No.2 about the delay. The policy bonds are issued by the office of the O.P No.2 directly through registered post in the address of the policy holder. The O.P No.3 is working as chief Life Insurance Advisor of LIC of India and his scope is very limited to give advice to the policy holders as such he has not shown any negligence and deficiency on his part and not liable to pay compensation as claimed by the Complainant .

                                   We have heard the learned counsel appearing for the Complainant and for the O.Ps. We have gone through the complaint petition, the version field by the O.ps separately and gone through the documents filed by the Complainant in support of her case. It is admitted by the O.P No.1 and 2 that there was delay to issue the policies bonds to the Complainant. The policy bonds were issued to the Complainant by the O.P No.2 after getting notice from this Forum. The Complainant had deposited the premium of the policies on 31-12-2013 and received the policy bonds from the O.P No.1 & 2 on 11-07-2016 after more than2 & half years. As a result of which the Complainant was not able to continue his policy and suffered due to the negligence of the O.P No.1 &2. Delay in issuing the policy bond by the O.ps amounts to negligence and deficiency in service on their part. So, the complaint filed by the Complainant is allowed against the O.P No.1 & 2.

                                   Accordingly the O.P No.1 & 2 are jointly and severally directed to refund Rs. 56,509/- to the Complainant with 9% interest per annum from 31-12-2013 the date of commencement of the policies till the date of the payment. The O.P No.1 & 2 are further directed jointly to pay compensation Rs. 5,000/- to the Complainant towards her mental agony and financial loss. The said order be complied within 30 days from the date of receipt of this order.

                                   The C.C is disposed of. Supply free copies of this order to both parties at an early date

         MEMBER                                                                                 MEMBER                                                             PRESIDENT