Before the District Consumer Disputes Redressal Commission, Room No. 208 2^nd Floor, District Administrative Complex, Tarn Taran

Consumer Complaint No   :          08 of  2019

Date of Institution                      :         16.01.2019

Date of Decision               :         24.01.2023

Karamjit Singh son of Sh. Major Singh resident of House No. 171, Kot Mahna Singh Tarn Taran Road Amritsar.

                                                                             …Complainant

Versus

1. Life Insurance Corporation of India Tarn Taran Branch Jeevan Jyoti Building, Sarhali Road, Tarn Taran through its Branch Manager,
2. Life Insurance Corporation of India, Amritsar Division, Divisional Office, Jeewan Parkash 4 & 5 District Shopping Complex, Ranjit Avenue Amritsar
3. Life Insurance Corporation of India, Yogakshema Building, Jeevan Bima Marg, P.O. Box No. 19953, Mumbai-400021 through its Director/ Manager.

                                                                             …Opposite Parties

Complaint Under Section  12 &  13 of the Consumer Protection Act

Quorum:               Sh. Charanjit Singh, President

Ms. Nidhi Verma Member

Sh. Varinder Pal Singh Saini, Member

For Complainant                     Sh. G.S. Kang Advocate

For Opposite Parties               Sh. B.S. Chawla Advocate

PER:

Nidhi Verma, Member

1        The complainant has filed the present complaint by invoking the provisions of Consumer Protection Act under Section 12 and 13 against the opposite parties on the allegations that the complainant was holder of Life Insurance Policy vide Policy bearing No. 470089664 dated 28.3.1997 and it was a money back policy, the complainant has paid all the premiums of the policy regularly and on time. There was no default on behalf of the complainant. As per terms and conditions of the above stated policy, the complainant was entitled to receive money back Rs. 10,000/- for the year 2002, Rs. 10,000/- for the year 2007 and last on Rs. 10,000/- for the year 2012 and maturity amount and bonus. At the time of maturity of above said policy on 28.3.2017, the complainant approached the opposite party No. 1 to claim policy amount. On inquiry from the opposite party No. 1, the complainant came to know that he was entitled to get money back of Rs. 10,000/- for the year 2002, Rs. 10,000/- for the year 2007. But the complainant did not receive any amount of the above said money back. When the complainant approached the opposite party No. 1 and the opposite party assured the complainant that the above said money back will be provided to the complainant but the complainant has received only Rs. 10,000/- for the year 2012 as money back scheme of the above stated policy, but did not receive the money back of Rs. 10,000/- for the year 2002 and Rs. 10,000/- for the year 2007 total Rs. 20,000/-. The complainant approached many times before opposite party No. 1 to claim money back of Rs. 10,000/- for the year  2002 and Rs. 10,000/-  for the year 2007 and made many requests to the opposite party No.1  to release the money of Rs. 10,000/- for the year 2002 and Rs. 10,000/- for the year 2007 as per policy scheme but the opposite party No.1  told the complainant that the opposite party No. 1 need some time look in to case and provided assurances to provide the same. Then after some time the opposite party No. 1 told the complainant that they have released the money to the complainant but the complainant has not received money back of Rs. 10,000/- for the year 2002 and Rs. 10,000/- for the year 2007. The complainant demanded the record of transaction of said amount of Rs. 10,000/- for the year 2002 and Rs. 10,000/- for the year 2007 but the opposite party No. 1 refused to show the transactions to the complainant and told to the complainant that they have no record of such kind of transactions. After that the complainant moved an application under RTI Act before the concerned officials of the opposite party No. 1 and to obtain the record of transactions of money of Rs. 10,000/- for the year 2002 and Rs. 10,000/- for the year 2007 and the complainant was surprised when it has come to the notice of the complainant that the opposite party No. 1 has shown that two cheques were issued for Rs. 10,000/- for the year 2007 and provided incomplete record to the complainant. The complainant never received any such kind of cheques as stated in the reply of RTI application and in the reply of RTI application the concerned officials of opposite parties have failed to provide complete information as so demanded by the complainant. The opposite party No. 1 has demanded the bank statements of all the accounts of the complainant which are operated by the complainant since the year 2002 up to date and the complainant as provided the entire bank account statements to the opposite party No.1 but no action has been taken by the opposite party No.1.  The complainant has requested many a times to the opposite parties to accept the claim of the complainant and to release the above stated amount in favour of complainant, but they have flatly refused to accept the request of the complainant. After that the complainant served a legal notice dated 27.7.2018 upon all the opposite parties and again requested to release the above stated amount within 15 days from the receipt of legal notice. But only opposite party No. 1 has replied in unsatisfactory manner on dated 3.9.2018 and opposite parties No. 2 and 3 have failed to reply the same. The complainant has prayed that the opposite parties may kindly be directed to pay Rs. 20,000/- i.e. money back of Rs. 10,000/- for the year 2002 and Rs. 10,000/- fr the year 2007 alongwith interest till realization of entire amount and also prayed Rs. 30,000/- as compensation and Rs. 15,000/- as litigation expenses. Alongwith the complaint, the complainant has placed on record his affidavit Ex. CW1/A, self attested copy of insurance policy Ex. C-1, self attested application dated 16.3.2018 given to Manager LIC Ex. C-2, Self attested copy of RTI application dated 13.4.2018 Ex. C-3, Self attested copy of Legal notice dated 27.7.2018 Ex. C-4, Self attested  postal receipts of legal notice Ex. C-5, Self attested reply of legal notice dated 10.8.2018 Ex. C-6, Self attested bank statement of Punjab Sind Bank from 1.10.2001 to 5.2.2008 Ex. C-7, Self attested Bank statement of Punjab Sind Bank guru Ram Rai from 1.10.2006 to 2.5.2011 Ex. C-8, Self attested Bank statement of State Bank of India from 29.7.2008 to 31.1.2009 Ex. C-9.

2        Notice of this complaint was sent to the opposite parties and opposite parties appeared through counsel and filed written version by taking the preliminary objections that the present complaint is not maintainable. The complainant has not come to the commission with clean hands, as such, he is not entitled to the relief claimed in the present complaint.  On merits, it was pleaded that as per terms and conditions of the said policy, the opposite parties as per its office record has issued a cheque NO. 545549 dated 28.3.2002 for an amount of Rs. 10,000/- to the complainant as payment of first survival benefit. Then again against second survival benefit another cheque bearing No. 461749 dated 28.3.2007 for an amount of Rs. 10,000/- has been issued by the opposite party in favour of complainant and the same has been encashed on 31.3.2007. The third survival benefit due on 28.3.2012 for an amount of Rs. 10,000/- and the same has been paid by the opposite party through NEFT on 7.6.2017. Then again the opposite party has also issued cheque No. 230316 dated 31.3.2017 of Rs. 69,850/- to the complainant for the maturity benefit and the same has been encashed on 6.5.2017 as per office record of the opposite party. There is no remaining amount due of the complainant towards the opposite party.  The opposite parties have denied the other contents of the complaint and prayed for dismissal of the same. Alongwith the written version the opposite parties have placed on record affidavit of Virsa Singh Ex. OPs/1, Status report of Policy No. 470089664 Ex. OPs/2

3        We have heard the Ld. counsel for the complainant and opposite parties and have carefully gone through the record placed on the file.

4        In the present complaint, the complainant was a holder of life insurance vide policy bearing number 470089664 dated 28^th March 1997 and it was a money back policy the complainant has paid all the premiums of the policy regularly and on time.  As per terms and conditions of the above stated policy the complainant was entitled to receive money back ₹10,000 for the year 2002, ₹10,000 for the year 2007 and Rs 10,000 lastly for the year 2012 and maturity amount and bonus. At the time of maturity on 28^th March 2017 the complainant approached the opposite party No. 1 to claim policy amount on inquiring from the OP 1  the complainant came to know that he was entitled to get money back but the complainant has received only ₹10,000 for the year 2012 as money back scheme of these said policy, but did not receive the money back of ₹10,000 for 2002 and Rs 10,000 for 2007.

5        The complainant demanded the record of transaction of said the amount of ₹10,000 for the year 2002  and ₹10,000 for the year 2007 but OP 1 refused to show the transaction to the complainant and told to the complainant that they have no records of such kind of transactions.  After that the complainant moved an application under RTI act before the concerned officials of the OP 1 and the complainant was surprised when it has come to the notice to the complainant that OPs have shown that two cheques were issued for Rs. 10,000 for the year 2002 and 2007 but the complainant never received such kind of cheques as stated in the reply of RTI application. Later the complainant served a legal notice dated 27^th July 20 18 upon all the opposite parties and again requested to release the above stated amount within 15 days from the receipt of legal notice but only OP No. 1 has replied in unsatisfactory manner on dated 3^rd September 2018 and OP No. 2 and 3 has miserably failed to reply the same.

6        Opposite party number 1 stated in their written version that as per client's record, they have issued cheque number 545549 dated 28^th March 2002 for the amount of ₹10,000  as first survival benefit and cheque number 461749 dated 28^th March 2007 for an amount of ₹10,000 as second survival benefit , further the 3rd survival benefit due on 28^th March 2012 for an amount of ₹10,000 has been paid by client through NEFT on 7^th June 2017.  Then again cheque number 230316 dated 31 March 2017 of rupees 69,850/- as the maturity benefit has been paid to the complainant .Thus , there is no remaining amount due of the complainant towards the OP1 .

7        As per the pleading and evidence on record, there is no dispute between the parties that the complainant purchased the life insurance policy vide policy no. 470089664 dated 28/03/1997 and it was a money back policy . It is also not denied by the OP 1 that the complainant has paid all the premiums of the policy regularly. OP also admitted the facts that as per the terms and conditions of the policy, the complainant is entitled to receive money back ,as per below :-

8        The only dispute between the parties is of the amount of Rs. 10,000/- for the year of 2002 and Rs 10000/- for the year of 2007. Rest ,the complainant himself admitted that the money back amount of Rs. 10,000/- for the year of 2012 and maturity amount Rs 69850/- has been paid by the OP 1 . Op No.1 stated that , as per it’s office record they have issued Cheque No. 545549 dated 28/03/2002 for an amount of Rs.10000/- to the complainant as first survival benefits. Then again against second survival benefit another cheque No. 461749 dated 28/03/2007 for an amount of Rs.10000/- has been issued by the OP in favour of the complainant and same has been encashed on 31/03/2007. To prove their point they have provided the Status Report of the policy No. 470089664 (Ex. Op 2) . Further, (Ex.C3) RTI Report of policy no. 470089664 in the name of S.Karamjit Singh,  stated that :-

• Money back cheque of Rs 10000/- in the year 2002 , Cheque No 545549. But Account No. & Bank Branch in which cheque encashed, no such record maintained by LIC . Date of encashed – not available.
• Money back cheque of Rs 10000/- in the year 2007 , Cheque No. 461749. But Account No. & Bank Branch in which cheque encashed, no such record maintained by LIC. Date of encashed – not available.

9        On other hand the complainant to prove his point placed on the record the bank statement of his bank (Punjab & Sind Bank ) (Ex.C 7) , statement period from 01/10/2001 to 31/03/2002 . In the statement ,there is no amount of Rs.10000/- credited in the account of the complainant . Further, as per OP1 the first survival benefit cheque was issued on dated 28/03/2002 for the amount of 10000/- but there is not such transaction/cheque in clearance deposited in the month of March 2002 or April 2002 . As per bank statement , there is one transaction on dated 18/05/2002 showing it’s  particulars as -by transfer an amount of Rs 9900/- and same is claimed by the OP1 counsel in the argument that “ it’s  the first survival benefit given by the OP1 to the complainant against Cheque no. 461749 dated 28/03/2007 . But after gone through the bank statement and we are in in the view of consideration that :-

• First survival benefit Cheque was issued on dated 28/03/2002 but there was no transactions in the bank statement for the month of March and April. Further, transaction on dated 18/05/2002 was not of the same Cheque issued by the OP1 on dated 28/03/2002 because the credited amount does not match with the amount of first survival benefit i.e. Rs 10000/- and further it’s  done by transfer not through Cheque or clearance. Hence , as per the  statement OP1 failed to prove that the amount of first survival was credited in the account of the complainant .

10      Now for the second survival benefit, the complainant again placed on record the bank statement of his bank (Punjab & Sind Bank ) (Ex.c8) for the period of 01/10/2006 to 31/03/2007 . In the statement, there is one transaction of Rs 10000/- credited on dated 31/03/2007 by clearing (CLG) . As per OP1 second survival benefit cheque no. 461749 dated 28/03/2007 for the amount of Rs 10000/- has been issued to the complainant and same has been encashed on dated 31/03/2007 . But as per RTI Report, bank account number & bank branch & dated on which Cheque encashed , no such record maintained by LIC. However, after gone through the bank statement and heard the learned counsel of the parties, we are of the considered view that the transaction on dated 31/03/2007 by clearing (CLG) of Rs 10000/- in the bank statement ,is the second survival benefit amount paid by the OP1 to the complainant. Hence, it is clear that the complainant get the amount of Rs 10000/- for second survival benefit from the OP1 .

11      The OP1 have not produced complete evidence to prove that the first survival benefit was paid to the complainant . As per RTI Report ,the detail of the  amount, cheque no. & Cheque date is available but account no , bank branch & date on which cheque encashed ,no such record maintained by LIC . Hence , we have to look the bank statement produced by the complainant as an evidence and as per the bank statement, no transaction for the first survival benefit is there but second survival benefit detail we can consider as the transaction on dated 31/03/2007 by clearance (clg) of Rs 10000/- . Both the parties i.e. the complainant and the OP1 failed to provide the complete evidence on the record.

12      Hence , as per the evidence placed on the record and heard the learned counsel of the parties, we partly allowed the present complaint and the opposite parties are directed to pay Rs. 10,000/- i.e. amount for first survival benefit for the year 2002. The complainant has been harassed by the opposite parties for a long time, therefore, the complainant is also entitled to 3000/- as compensation on account of harassment and Rs. 2500/- as litigation expenses. Opposite Parties are directed to comply with the order, failing which the complainant is entitled to interest @ 9% per annum, on the awarded amount, from the date of complaint till its realization. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Commission and due to COVID-19. Copies of the order be furnished to the parties as per rules. File is ordered to be consigned to the record room.

Announced in Open Commission.

24.01.2023

 (Charanjit Singh)

       President

(Nidhi Verma)                        (V.P.S. Saini)        

                                        Member                                  Member