Date of filing : 23-12-2009 Date of order : 30-08-2010 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD C.C. 277/09 Dated this, the 30th day of August 2010 PRESENT SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER SMT.P.P.SHYMALADEVI : MEMBER H.S.Vijayalakshmi, Principal, GVHSS, Kanhangad, } Complainant Po.Kanhangad. (In person) The Manager, LIC of India, Kozhikode. } Opposite party (Adv. A.B.Nair, Kasaragod) O R D E R SRI.K.T.SIDHIQ, PRESIDENT In brief case of complainant is as follows: Complainant had two LIC policies out of which one of the LIC policy vide policy No. 720172975 became matured on 2009 February 27 but without knowing the date of maturity she continued to pay the premium till December 28, 2009. After came to know the excess payment towards premium when enquired in the office it was learned that the policy No. 79008207 which was not matured has been cancelled. Hence the complaint claiming the refund of excess premium paid for 2 years with a compensation of `10,000/-. 2. Opposite party resists the complaint and filed their version. According to opposite party the complainant was the holder of policy No. 720172975 for a sum of `25,000/-. The monthly premium was `149/- and the policy has matured on 28-3-2007. The maturity amount was `39787/- and the same was paid on 30-3-2007 vide cheque No.203583. Hence the allegation of the complainant that she did not aware about the maturity period and paid `149 every month till December 28 is false. Further they forwarded the discharge voucher with a covering letter dated 17-2-2007 pertaining to the policy No. 720172975 to settle the maturity benefit and also directed her to stop payment w.e.f. January 2007. The complainant being the principal and self drawing officer she cannot absolve from the duty of non deduction or deduction from the salary of the policy holder. The further case of the complainant that she had another policy with No.79008207 is false and the actual policy No. is 790082037 and the maturity of that policy is on 09-02-2013. The complainant wrongly made payment to the matured policy and after realizing the mistake complainant wrote a latter dated 12-12-2008 to adjust the amount to the policy No.790082037 and demanded refund of balance amount. Even before that opposite party found mistake and refunded the excess of `1341/- to the complainant on 18-3-2008. On the basis of letter dated 12-12-2008 from the complainant opposite party adjusted `770/- towards the policy No.790082037 and refunded balance `571/- on 15-01-2009. Again on 9-7-2009 the opposite party refunded `447/- to the complainant being the excess amount received. Hence there is no deficiency in service on the part of opposite party but correctly accounted a wrong payment made by the complainant to a wrong policy account by correcting the mistake and refunded the amount. Being a self drawing officer the mistake was repeating even in the complaint filed before this court, she cannot blame the opposite party for her mistake. 3. Complainant filed proof affidavit as PW1. Documents marked as Exts A1 to A4. On the side of opposite party Exts B1 to B8 marked. Both sides heard. Documents scrutinized carefully. 4. The primal grievance of the complainant Is that in response to her querry regarding the exact calculation amount of excess amount paid, opposite party did not give any reply. Eventhough she directly approached their Kozhikode office to make enquiry about this matter they also did not give any satisfactory explanation. Then only after repeated reminders and phone calls she received cheque for `571/- and `447/-on 15-01-09 and 9-7-09 respectively. But she did not encash the cheques since the amount covered by the cheques were insufficient. According to her she became Head Mistress only on 6-9-2007. During cross-examination she deposed that she has received a cheque for `1349/- on 18-3-08 but she was not aware that it was towards the repayment of excess amount. According to her an amount of 149 x 22 = 3278 is to be refunded deducting 35x 22 = 770/- i.e. 2508/-. She further deposed that the mistake of wrong payment intimated to LIC on 30-06-2008 itself. Since LIC did not give any specific explanation, she continued remittance of premium from June 2008 to Dec.2008. She further added that she is not aware whether LIC has adjusted the excess amount paid in the matured policy to the existing policy premia and the balance is sent through cheques. 5. But opposite party has not produced their statement of account to substantiate their contention that the entire excess premium adjusted in her policy and the balance is sent to her. In the absence of such statement we are unable to hold that opposite party has discharged their legal dues. Therefore complainant is entitled for the following balance amount 149 x 22=3278-35x22=770. 2508-1341 = 1167. In the result, the complaint is allowed and opposite party is directed to pay `1160/-(rounded figure) to the complainant with a cost of `1000/-. Time for compliance is limited to 30 days from the date of receipt of copy of order. Failing which opposite party shall be liable to pay interest for `1160/-@ 12% per annum from the date of complaint till payment. Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT Exts. A1. Photocopy of postal acknowledgement card A2. Photo copy of cheques amount of 447/-, 571/-. A3. 4-7-09 photocopy of letter issued by OP to complainant. A4. Photocopy of letter sent by complainant to OP. B1. Photocopy of letter sent by complainant to OP. B2. 5-1-09 ,, ,, B3. Copy of Policy B4.17-2-07 letter sent by OP to complainant. B5. 28-3-07 copy of policy with date of payment. B6.Photocopy of policy. B7.Photocopy of Extract ledger. B8. Copy of covering letter. PW1.Vijayalakshmi.H.S. Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT Pj/ Forwarded by Order SENIOR SUPERINTENDENT
| | HONORABLE P.P.Shymaladevi, Member | HONORABLE K.T.Sidhiq, PRESIDENT | HONORABLE P.Ramadevi, Member | | 
