No. 5/11.08.2011.

HON’BLE JUSTICE SRI PRABIR KUMAR SAMANTA, PRESIDENT.

Appellant in person and Respondent through Ld. Advocate are present.  This appeal is by the Complainant against the order of dismissal of the complaint.  Admittedly the Complainant took a life insurance policy for the capital sum assured for Rs.1,00,000/- which matured on 28.03.2007.

It has been alleged in the above complaint case that the O.P. – LIC upon maturity of the Insurance Policy did not send the amount payable on maturity to the Complainant within the reasonable time for which the Complainant had to run to and fro from the Post Office to the office of LIC company for recovery of the same.  In the process payment by handing over the cheque for the matured value to the Complainant by the O.P. – LIC has been delayed by about a month.  The claim case has accordingly been filed for payment of compensation for the harassment caused to the Complainant as well as for delayed payment of the said cheque. 

The LIC, O.P. has contested the above complaint case by contending that in fact the said cheque has been handed over to the Complainant on 07.04.2007 after the Policy became matured on 28.03.2007 and not on 30.04.2007 as alleged by the Complainant.  In support of such contention the O.P. – Insurer has produced the document showing receipt of the cheque by the Complainant by putting her signature without the date.  Upon careful reading of the said document we are also of the view that the Complaint received the said cheque on or about 07.04.2007 and not on 30.04.2007 as alleged by the Complainant.  Because the said record reveals that the payments by cheque have been made to other persons after the payment was made to the Complainant.  Such payments to the other persons have been made much before 30.04.2007 which fact gives rise to the presumption that the Complainant was paid earlier to 30.04.2007 and not on 30.04.2007 as alleged by the Complainant.  Be, that as it may, the fact remains that the said cheque in favour of the Complainant was drawn on 28.03.2007 when the Policy became matured.  Evidently, the said cheque was sent to the Complainant at her wrong address for which the same was returned back to the Insured by the postal authorities which resulted in such frequent visit by the Complainant both to the postal authorities and the Insurer to recover the said cheque.  No doubt this resulted some harassment to the Complainant for which we are inclined to hold that the for the interest of justice the Complainant should get some compensation.  Considering the facts and circumstances of this case and the negligible delay in receiving the aforesaid cheque we dispose of the complaint case by directing the O.P. – Insurer to pay a sum of Rs.2,000/- by way of compensation to the Complainant.  The appeal is thus disposed of.