Karnataka

Tumkur

CC/6/2019

Puttarangaiah - Complainant(s)

Versus

The Chief Manager,Life Insurance Corporation of India - Opp.Party(s)

G.Sreepathi

30 Jan 2021

ORDER

Complaint filed on: 21-01-2019

                                                  Disposed on: 30-01-2021

 

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, TUMKURU

 

CC.No.06/2019

 

DATED THIS THE 30^th DAY January, 2021

 

PRESENT

 

SRI.C.V.MARGOOR, B.Com, L.L.M, PRESIDENT

SRI.KUMARA.N, B.Sc., L.L.B, MEMBER

SMT.NIVEDITA RAVISH, B.A., L.L.B, LADY MEMBER

 

Complainant: -        Puttarangaiah,

A/a 45 years,

S/o Late Chikkarangaiah,

Sankaapuradha playa,

Palasandra Hobli,

Tumkur Taluk and District.

 

(By Sri.G.Sreepathi Advocate)

 

V/s

 

Opposite party/s:-          1) The Chief Manager,

    Life Insurance Corporation

    Of India, Ganghinagara,

    Branch-I

    Tumkur-I

 

(By Sri.G.S.Narayana Advocate)

 

2) The Branch Manager,

     Kaveri Grameena Bank,

     K.Palasandra Branch,

     Tumkur Taluk and District.

 

(By M.C.Prabhu B.A. L.L.B, Advocate)

 

ORDER

 

SRI.C.V.MARGOOR, PRESIDENT

 This complaint is filed u/S 12 of the Consumer Protection Act, 1986 to direct the OP No.1 and 2 to pay surrender value of LIC policy with interest at 10% p.a. till they make payment and also to pay Rs.25,000=00 towards compensation, Rs.25,000=00 towards damages, cost including Rs.3,000=00 towards legal notice charges.

 

2. It is the case of complainant that he has availed policy bearing No.615676174 on 07-8-2008 from the OP No.1 LIC of India Branch No.1 Gandhinagara, Tumkur. The sum assured amount was Rs.1,00,000=00, term of the policy seventeen years and yearly premium was Rs.7,216=00. The complainant due to his financial need has submitted surrender application with the OP No.1 on 28-12-2018 to make payment of the surrender value of the policy along with necessary documents. The OP No.2 the Branch Manager, Karnataka Grameena Bank, K.Palasandra Branch, Tumkur has given incomplete information by not mentioning branch name, phone number, working hours and IFSC code. Due to negligence on part of OPs the complainant did not get surrender value of the policy in spite of his notice dated 4-01-2019 and 05-2-2019. Hence, this complaint.

 

3. The OP No.1 in response to notice sent by this Commission appeared through its learned counsel and filed written version admitting that the complainant had availed LIC policy of Rs.1,00,000=00 on 07-8-2008 and its maturity date is on 07-8-2024. The OP No.1 further admitted that the complainant submitted surrender application on 28-12-2018 but he has not furnished necessary documents and he was told to produce bank passbook where in account is clearly printed as it is not visible and hand written is not authenticated and also surrender application with proper attestation of his LTM. The OP No.1 was not in a position to proceed further as the passbook did not depict the printed SB account number and written number is not attested by the authority with its seal and signature. When the complainant did not comply the oral request, the OP No.1 has sent notice on 21-01-2019 and 07-02-2019 to produce the documents asked for. The complainant as on 07-02-2019 has complied the request of OP No.1 and on the same day surrender value of the policy was credited to the SB account of the complainant. There is no deficiency in service and negligence on part of OP No.1.

 

4. The OP No.2 Bank filed version contending that it is not aware of obtaining LIC policy by the complainant with the OP No.1 and submitting surrender application. The OP No.2 has furnished proper passbook to the complainant containing the particulars as such there is no deficiency in service on part of OP. This OP is not at all necessary party to the complaint as there is no relief against it.

 

5. The complainant filed his affidavit in lieu of evidence and produced supporing documents. On behalf of OP No.1 M.V.S.N.Murthy Manager (Legal and HPF) Bengaluru filed affidavit evidence and produced 15 documents. That one Madhusudan M.P Branch Manager of OP No.2 filed affidavit evidence and produced Exs.R1 and R2 documents.  

 

6. We have heard the arguments of learned counsel for OP No.1 and the points that would arise for determination are as under;     

1) Whether   the   complainant   proves   the 

    deficiency of service of OP No.1 and 2?

2) Is complainant entitled to the relief

    sought for?

 

        7. Our findings on the above points are as under;

                Point No.1 :- In the negative;

                Point No.2 :- In the negative for the below

 

REASONS

 

        8. Point No.1 and 2:- The OP No.1 LIC of India has not disputed availing policy by the complaint on 07-8-2008 for term of seventeen years, sum assured amount of Rs.1,00,000=00 and yearly premium amount payable by complainant of Rs.7,216=00. Though the maturity period of the policy is on 07-8-2024 the complainant has submitted surrender application on 28-12-2018. It is contended in para No.4 of the complaint that the OP No.1 has intimated the complainant regarding furnishing of wrong IFSC code by OP No.2. It is not the case of OP No.1 that the OP No.2 has furnished wrong IFSC code. Ex.C6 produced by the complainant bearing five digit zero but Ex.C7 contained four digit zero in IFSC code. The OP No.1 has sent two letters to the complainant one by ordinary post dated 21-01-2019 and another by RPAD dated 05-02-2019. In these letters the OP No.1 has asked the complainant to submit copy of passbook where in account number is clearly printed and surrender application with proper attestation of your LTM. These letters speak that the OP No.1 has not told the complainant that IFSC code is of OP No.2 bank is wrong. The account number of complainant in Exs.C6 and 7 is partly printed on emblem of the bank and further account number is written in the hand as such bank has asked the complainant to furnish correct account number and his LTM on surrender application requires attestation.

 

9. There is no relief against OP No.2 and if the bank has given in complete information while issuing passbook the complainant would have asked the manager or concerned case worker to furnish the passbook with full particulars. The OP No.2 was not aware of submitting surrender application to OP No.1 on the date of issue of passbook. Thus there is no deficiency in service on the part of OP No.2. Immediately after furnishing particulars the OP No.1 has credited surrender value amount to the account of complainant on 07-2-2019. The complainant did not furnish the information in spite of oral request and sending letter dated 21-01-2019 and thereafter the OP No.1 has sent register AD letter to the complainant on 05-2-2019. Thereafter the complainant has furnished the particulars on 7-2-2019 and on the same day the OP No.1 has credited surrender value amount to his account maintained in OP No.2 bank. This shows that there is no deficiency in service or negligence on the part of OP No.1. Therefore, the complaint is liable to be dismissed. Accordingly we proceed to pass the following;

 

 

ORDER

 

        The complaint filed by Puttarangaiah is dismissed without cost.