Per Shri A.Z.Khwaja, Hon’ble Presiding Member.
1) Appellant Sahebrao P.Vidhale has preferred the present appeal under section 12 of the Consumer Protection Act 1986, challenging the order passed by the learned District Consumer Forum Amravati by which the claim of the complainant/consumer for grant of interest on the amount of extra premium paid by him, came to be dismissed.
Short facts leading to the filing of the present appeal may be narrated as under :-
2) Complainant Sahebrao P.Vidhale claims to be a resident of Mahatma Fule Colony, Rathinagar, Amravati and was serving in the college. Complainant SRG had taken Insurance Policy bearing No.20221142 in the month of March 1978 and period of the Insurance Policy was for period of 20 years and sum assured was Rs.15,000/-. Complainant was depositing the premium of Rs.82.50 per month regularly as per terms and the Insurance Policy was to matured in the month of March 1998. Complainant has alleged that the O.P. namely Life Insurance Corporation was to pay the sum assured after the completion of the period of 20 years, but the O.P. instead of paying the sum assured to him continued to accept the premium from the complainant and the same came to be deducted by his employer till the month of June 2006 for the period of 8 years and 3 months. Complainant has further alleged that the O.P. namely Life Insurance Corporation stopped the deduction of extra premium only after letter was sent by complainant himself. O.P. thereafter paid the sum assured in Insurance Policy as well also paid the amount of Rs.8085/- which was taken from complainant by way of extra premium for a period of 8 years 3 months. O.P. had paid the entire amount namely sum assured as well as the extra premium alongwith interest @ 8% p.a. on account of delay in payment, but the same was not sufficient. O.P. namely Life Insurance Corporation was under bounden duty to inform the complainant regarding maturity of his Insurance Policy and also was under duty to pay interest on the extra premium recovered by the Life Insurance Corporation, but failed to do so and therefore had committed deficiency in service amounting to unfair trade practice and so the present complaint.
3) O.P. has strongly contested the claim of the complainant by filing written version on record. O.P. has admitted that the complainant had taken insurance policy in the month of March 1978 and the same was matured in the month of March 1998 and the sum assured was Rs.15,000/-. However O.P. has further admitted that the complainant Sahebrao P.Vidhale has paid extra premium for a period of 8 years 3 months. But has taken a plea that entire amount recovered from the complainant had came to be repaid alongwith interest @ 8% p.a. on delayed payment. O.P. has categorically denied that complainant was entitled for interest @ 8% p.a. n the extra premium of Rs.8,085/-. O.P. has taken plea that on getting the knowledge regarding recovery of extra premium they immediately stopped the premium on 23/05/2006 and complainant was paid the maturity claim alongwith interest for delayed settlement of maturity claim. O.P. has also denied that the complainant was entitled for grant of penal interest @ 24% p.a. or that the complainant was subject to grant mental agony. O.P. has thus sought dismissal of the complaint.
4) Learned District Consumer Forum thereafter went through the affidavit filed by both parties on record as well as the written notes of argument. Learned District Consumer Forum has come to the conclusion that the O.P. had immediately informed the employer of the complainant to stop deduction after getting the knowledge of recovery of extra premium. Learned District Consumer Forum has also came to the conclusion that the O.P. has rightly granted the sum assured alongwith interest on delayed payment @ 8%p.a. for the period from 1998 to 2006 and so the complainant was not entitled for further interest at a higher rate on extra premium of Rs.8,025/- or for compensation and therefore learned District Consumer Forum dismissed the complaint by elaborate order Dt.31/12/2007.
5) It is against this impugned order Dt.31/12/2007 passed by learned District Consumer Forum Amravati that the present appellant has come up in appeal.
6) We have heard the appellant Sahebrao P.Vidhale who has appeared in person as well as advocate for respondent/ Life Insurance Corporation. We have also gone through written notes of arguments filed by both parties on record.
7) It is not in dispute that the complainant Sahebrao P.Vidhale had taken the Insurance Policy No.20221142 from the Life Insurance Corporation for the sum of Rs.15,000/- which was to mature in the month of March 1998. It is also not in dispute that the insurance policy was to mature in the month of March 1998 but no intimation was provided by the Life Insurance Corporation regarding the maturity of the claim to the complainant after period of 20 years. It is also not in dispute that the Life Insurance Corporation continued to recover the extra premium @ 82.50 from the salary of the complainant from March 1998 to April 2006 amounting to Rs.8085/- and the same also came to be paid to complainant on 12/10/2006. There is no manner of dispute that the Life Insurance Corporation had also paid interest on the delay in paying the maturity claim from 1998 to 2006 alongwith Rs.8,085/- which was towards excess premium.
8) Short point that has come up for consideration before us is only whether the respondent/Life Insurance Corporation was under a duty to pay penal interest @ 24% p.a. to the complainant on extra premium. During the course of arguments the appellant Sahebrao P.Vidhale has drawn our attention to one letter Dt.18/10/2006 addressed to Manager, Life Insurance Corporation where in claim was made by the appellant/consumer to pay interest @ 24% p.a on the extra premium recovered from him. Shri Kasture learned advocate for respondent has pointed out before us that though the respondent/Life Insurance Corporation had recovered extra premium from March 1998 to 2006, the mistake was purely inadvertent and not deliberate and the respondent/Life Insurance Corporation had also paid interest @ 8% p.a. on the maturity claims.
9) According to learned advocate for respondent there was no question of paying penal interest @ 24% p.a. on the amount of Rs.8,085/- recovered from the complainant. Shri Kasture learned advocate for respondent has supported findings given by the learned District Consumer Forum and we do not find any error in the said findings, in view of the fact that interest @ 8% p.a. on the delayed matured claim is already paid to complainant. We are therefore unable to accept the contentions of the appellant that he is entitled for damages @ 24% p.a. or compensation for mental agony and so findings given by Consumer Forum need no interference.
10) In the light of aforesaid discussion we do not find any substance in the appeal and so we pass the following order.
ORDER
1) Appeal is hereby dismissed.
2) Appellant shall bear his own cost as well as cost of respondent.
- Copy of this order be furnished to both parties free of
cost.
