ORDER

(Passed on 13/11/2019)

PER SHRI.ATUL D.ALSI, PRESIDENT.

            The complainant has filed this complaint U/s 12 of the Consumer Protection Act,1986 alleging deficiency in service on the part of OP No.1 in not paying the full maturity amount of the policy with loyalty bonus and praying for balance dues alongwith 18% interest and further claiming compensation and cost of proceeding.

2.       The facts in short giving rise to this petition are that the complainant had insured himself with the OP No.1 through OP No.2 under Jeevan Saral policy bearing No.974231420 w.e.f. 23.3.2005 to 23.3.2017 for the sum assured of Rs.5 lac against yearly premium of Rs.24,020/- for the maturity amount of Rs.2,88,240/- plus loyalty benefits.  On completion of the period of policy , the OP No.1 paid only Rs.1,43,247/- towards maturity amount plus loyalty benefits. However, the OP No.1 LIC failed to pay the balance 1,43,247/- as the insurance contract mentions the maturity amount as Rs.2,88.240/- plus loyalty benefits.  The OP No.1 also never issued any revised policy rectifying the mistake, if any in the insurance policy.  Therefore, the complainant is entitled to balance amount of maturity amount plus loyalty benefits as per insurance contract and non payment of balance amount of the policy alongwith bonus amounts to deficiency in service. Therefore, the present petition is filed.

3.       The complaint is admitted and notices were served on the OPs. The OP No.1 filed its reply and admitted to have issued Jeevan Saral policy bearing No.974231420 w.e.f. 23.3.2005 to 23.3.2017 for the sum assured of Rs.5 lac against yearly premium of Rs.24,020/- in favour of complainant. However, the  OP No.1 submitted that while issuing the policy document, due to typing mistake the maturity amount was shown in the policy document as Rs.2,88,240/- instead of Rs.98,300/-.  The complainant was entitled under the plan only to the extent of Rs.1,44,992/- towards maturity amount plus loyalty benefits which they have paid to the complainant. They submitted that under the similar categories of policies and for the similar age group the complainant is entitled to Rs.1,44,992/- towards maturity amount and loyalty benefits only and he can not  claim the balance amount of Rs.1,43,247/- due to the typographical mistake on the part of OP No.1 while issuing the policy. Hence there is no negligence on the part of OP No.1 and the complaint is liable to be dismissed.

4.       The OP No.2 did not turn up despite service of notice and hence the Forum proceeded to dispose of the matter in absence of OP No.2 who is a formal party in the matter.

5.       Counsel for the complainant argued that the OP did not pay the full maturity amount plus loyalty benefits though the insurance contract mentions the maturity amount as Rs.2,88,240/- plus loyalty benefits and actually paid only Rs.1,44,992/-. It even did not issue any corrected policy till now and as such it is liable to pay the balance amount of Rs.1,43,247/- towards remaining maturity amount plus loyalty benefits.

6.         Counsel for the OPs argued that the maturity amount was mentioned as Rs.2,88,240/- in the policy document by mistake and it was a typographical mistake, however, under the plan the complainant is entitled only to the extent of Rs.1,44,992/- towards maturity amount plus loyalty benefits which they have already paid to the complainant. The OP No.1 submitted policies of similar categories with same age group. They submitted that under the similar categories of policies and for the similar age group the complainant is entitled to Rs.1,44,992/- towards maturity amount and loyalty benefits only and he can not  claim the balance amount of Rs.1,43,247/- due to the typographical mistake on the part of OP No.1 while issuing the policy. The OP is a public institution and has to follow the plans under the unform table of amount of premium and its maturity amount which is to be fixed by the higher authorities pertaining to same categories of plans for the similar age group. Hence there is no negligence on the part of OP No.1.

7.      We have gone through the complaint, written versions filed by OP No.1 and affidavit, documents and WNA filed by the parties. We have also heard the oral arguments advanced by parties.  The only issue for our consideration is whether the complainant is entitled to remaining amount of maturity amount plus loyalty  benefits as is mentioned in the insurance document due to typographical mistake on the part of OP No.1 as prayed.

8.       The O.P.No.1 is a public institution and has to follow the plans under the unform table of amount of premium and its maturity amount which is to be fixed by the higher authorities pertaining to same categories of plans for the similar age group. It is averred by the complainant that if the maturity amount is written as Rs.2,88,240/- due to typographical mistake as stated by the OP No.1, the OP did not issue any corrected policy as yet and as such he is entitled to balance amount of maturity plus loyalty amounting to Rs.1,43,247/-. However,  the OP No.1 is a public office and is dealing with the public money  and as such, no one can be allowed to take undue benefit of the typographical mistake committed by any employee of the OP No.1, and claim extra amount more than what is due under same plan for the same age group.  The OP No.1 has given detailed calculation of the maturity amount and loyalty amount in the reply to the application filed by the complainant under RTI Act dated 4/4/2017.  The OP No.1 is not liable to pay Rs.2,88,240/- as maturity amount under the policy as that figure is mentioned due to typographical mistake. He is only entitled to the maturity amount and loyalty benefits due under similar category of plan for the same age group. And the OP has already paid that amount to the complainant. As such there is no merit in the complaint and it is liable to be dismissd.

Hence the order..

Final order

1. The Complaint is dismissed without cost.

2. Parties to bear their own costs.

3. Copy of the order be furnished to both the parties free of cost.

(Smt.Kalpana Jangade (Kute)  (Smt.Kirti Vaidya (Gadgil)     (Shri.Atul D.Alsi)

               Member                                 Member                           President