MR. PRAVAT KUMAR PADHI, PRESIDENT:-
Complainant has filed the C.C.Case No. 80/2023 U/s-35 of C.P.Act, 2019 seeking that Hon’ble Commission may direct the Ops to recover complainant’s claim amount”.
Husband of life assured of LIC Policy has filed a Plain complainant by submitting application, which is numbered as C.C.Case No. 80/2023 and no specific prayer is there and grievance of Complainant with regard to mental harassment, torture and physical pain for which he has claimed Rs. 5 Lakhs as compensation.
The wife of Complainant had obtained salary saving Policy bearing No. (AB 582526029 dtd. 28.01.1995 (93-25(T/T) which was due to be matured on 28.01.2020 and alleged to have paid premium till 18.11.2022 and claims Ops have received the premium though Policy was salary saving and his wife has expired on 29.1.2021 and for the same he claims that Policy is deemed to be inforce and entitled to get death benefit.
The Complainant has neither impleaded the employer as a party nor filed any document regarding payment/deduction of premium till 18.11.2022 and it is also beyond our imagination as to how the premium can be paid by employer even after death of his wife on 29.01.2021.So at no stretch of imagination, it can be accepted that Complainant has paid premium or premium received upto 18.11.2022 and policy cannot be automatically extended by paying premium after it’s maturity/termination.
The Ops fairly admitted to have received some premiums after maturity and non-payment as the Policy bond and claim was not submitted by Complainant & his wife during her life time and also stated/submitted that considering the maturity value and the excess paid installment amount, Ops have settled the claim at Rs. 73,384/- which has been paid through complainant through NEFT on 15.02.2023 along with interest of Rs. 8,311/- as death occurred after the date of maturity. As per the terms & conditions of policy, if death occurs after the date of maturity, maturity claim is payable as contracts comes to an end on the date of maturity. Thereafter, after further calculation and updation of premium installments, an amount of Rs. 21,443/- has been paid to the complaint on dt. 4.8.23 i.e after filing of the present complaint. In this way complainant has already received a total amount of Rs. 30,000/-(Thirty thousand) as survival benefit of four installments i.e for the year 2000,2005,2020 & 2015 + Rs.73,384.00 as maturity amount + Rs.8311.00 as interest + Rs. 21,443/- as further interest. Therefore, the grievance of the complainant being fully scrutinized has been settled and it is further repeated that after filing of the present complaint, he has been paid an amount of Rs. 21,443/- on dt. 04.08.2023. In this regard it is to be mentioned here that during release of the maturity amount on dt. 15.02.2023, the Complainant was advised by the Op to wait for further time & was assured that his claim is being examined by concerned authority, but without waiting the final decision, he has filed the present case. However on payment of further amount of Rs. 21,443 on dt. 04.08.2023 the matter has been put to an end. The other two policies E580092478, DOC 21.10.87, Mode quarterly and Policy No. 582632261, DOC 28.03.90 under Salary saving have been lapsed due to non-payment of premium, since the beginning of these policies and no connection with the present policy and only to show that the Ops are not paying when the Policy lapsed after paying one/two installments.
Since Ops have paid the amount of Rs. 30,000/-(Thirty thousand) as survival benefit of four installments i.e for the year 2000,2005,2020 & 2015 + Rs.73,384.00 as maturity amount + Rs.8311.00 as interest + Rs. 21,443/- as further interest and after filing consumer complaint and getting notice further interest of Rs. 21,443/- has been paid . The Complainant has stated in Para-5 of his petition/letter that LIC division Office, Cuttack has given us only Rs. 68,400/- till dt. 28.01.2020 and remaining silent, which is not correct as per the materials available on record. The Complainant has also not specifically denied not to have received the aforesaid amount. So the Complainant has not come to this Commission in clean hand and trying to fish out by creating confusion and added 2 other Policies which has been lapsed in 1987 only after paying one premium and on which the Policy holder and her husband have slept over for more than 20 years.
Since the Ops have paid the matured amount and paid /refunded the extra premium and also paid interest which the Complainant has suppressed we find no unfair Trade Practice or deficiency in service on the part of Ops and accordingly the C.C.Case No. 80/2023 is hereby dismissed. No order as to cost.
Issue extract of the order to the parties concerned.
Pronounced in the open Commission, on this the 27th day of February,2024.
I, agree.
Sd/- Sd/-
MEMBER PRESIDENT
