State Consumer Disputes Redressal Commission
Adhir Krishna Halder vs Life Insurance Corporation Of India on 9 July, 2018
Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL COMMISSION WEST BENGAL 11A, Mirza Ghalib Street, Kolkata - 700087 First Appeal No. A/618/2017 ( Date of Filing : 30 May 2017 ) (Arisen out of Order Dated 20/04/2017 in Case No. Complaint Case No. CC/123/2016 of District North 24 Parganas) 1. Adhir Krishna Halder S/o Lt. Raj Krishna Halder, R.N. Mukherjee Road, Basirhat(Chowmatha), P.O. & P.S. Basirhat, Dist. North 24 Pgs., W.B. ...........Appellant(s) Versus 1. Life Insurance Corporation of India Rep. by its Prop. Sr. Divisional Manager, Subarban Divisional Office, Salt lake City, D.D.-5, Sec-1, Salt Lake, Kolkata -700 064. 2. The Br. Manager, L.I.C of India Basirhat Br., Sarat Biswas Road, Kachari Para, P.O. & P.S. Basirhat, Dist. North 24 Pgs. ...........Respondent(s) BEFORE: HON'BLE MR. SHYAMAL GUPTA PRESIDING MEMBER HON'BLE MR. UTPAL KUMAR BHATTACHARYA MEMBER For the Appellant: Mr. Shyamal Mondal, Advocate For the Respondent: Ms. Sumita Roy Chowdhury., Advocate Dated : 09 Jul 2018 Final Order / Judgement Sri Shyamal Gupta, Member
The complaint case since been dismissed by the Ld. District Forum, North 24 Parganas, aggrieved with such decision, this Appeal is moved by Sri Adhir Krishna Halder, the Complainant of the complaint case.
Appellant's case, very shortly, is that, in terms of the Order of the Ld. Civil Court, Basirhat, North 24 Parganas dated 09-04-2014, passed in T.S. No. 28/2002, he deposited the sum of Rs. 2,04,576/- with the Ld. Civil Court. Despite such due compliance of his obligation, the Respondents have not refunded the maturity sum of pledged LIC Policy for a sum of Rs. 1,81,947/- to him. Hence, the complaint case was preferred before the Ld. District Forum. However, as the said case was dismissed, the present Appeal is preferred.
Ld. Advocates for the parties were heard at great length in the matter. We have also gone through the material on record carefully.
It transpires from the order sheets of T.S. No. 28/2002 on record that, vide its Order dated 24-11-2010, the Ld. Civil Court decreed a sum of Rs. 1,96,226/- in favour of the Respondents. In terms of the said order, the Respondents were further entitled to get interest at the agreed rate till realization of the entire decreetal amount from the Appellant. There is nothing to show that the said order has been annulled by any competent Court of Law. Thus, the aforesaid decree attained finality.
It further transpires from the order sheets of said case that, taking due note of the reluctance of the Respondents to receive the decreetal sum, the Ld. Civil Court allowed the Appellant to deposit the said sum with it and accordingly, the Appellant deposited the said sum at the Ld. Civil Court.
Be that as it may, let us concentrate on the moot point for consideration, i.e., whether the Appellant is entitled to get back the maturity proceeds of subject LIC Policy or not.
The Respondents, by submitting a photocopy of Statement of Account claimed that they have already adjusted the maturity proceeds of the subject LIC Policy against the outstanding due stood in the name of the Appellant and after adjustment of said sum, there still remained an outstanding due of Rs. 6,01,104/- as on 11-04-2014.
On a closer reflection of the same, we, however, notice the following discrepancies:
First, according to the Appellant the subject Insurance Policy matured on 28-03-2008; whereas, it transpires from the Statement of Account of the Respondents that the maturity proceeds was adjusted on 23-05-2008. This is not permissible. Due effect of such adjustment should be given on the very same day of its maturity.
Second, acting on the decree passed in the Title Suit in question, the Appellant repeatedly urged the Respondents to receive the decreetal sum; however, the Respondents did not come forward to receive the same from the Appellant. Thus, the Respondents were at fault in the matter. In view of this, they are not entitled to any interest or other charges for the period after 10-07-2012.
However, in terms of the decree passed Ld. Civil Court, the Respondents were entitled to get interest over the decretal sum from the date of filing of the Title Suit till its realization. On going through the Statement of Account filed by the Respondents, it appears that even after adjustment of the maturity proceeds of the pledged LIC policy, the Respondents are entitled to get a considerable sum from the Appellant. The Appellant has not submitted any counter Statement of Account to prove the said statement wrong. Therefore, it can safely be inferred that necessary adjustment of the maturity proceeds of subject LIC Policy has already been made. Thus, the Appellant is not entitled to get the sum of Rs. 1,81,947/-, as claimed.
In view of our above findings, while the Appellant is not entitled to get the maturity proceeds of concerned LIC Policy; at the same time, the Respondents too are not entitled to get the sum of Rs. 6,01,104/-, as shown in the copy of Statement of Account by them.
Thus, the Appeal succeeds in part.
Hence, O R D E R E D The Appeal stands allowed on contest in part. The Respondents shall re-work the Statement of Account incorporating necessary changes as stated hereinabove and forward a copy of the same duly certified by a Chartered Accountant to the Appellant and on receipt of the rectified Statement of Account, the Appellant shall settle the claim within 40 days from the date of receipt of the same. Taking into consideration the conduct of the Respondents, particularly, its reluctance to receive the decreetal amount from the Appellant and adjusting the maturity proceeds of the LIC policy in time and thereby compelling the Appellant to incur unnecessary expenses in pursuing the title suit after 10-07-2012, we hold them liable to pay a sum of Rs. 1,00,000/- to the Appellant. The revised Statement of Account should be prepared after adjusting this amount from the gross outstanding due as on 10-07-2012. The impugned order is hereby set aside. [HON'BLE MR. SHYAMAL GUPTA] PRESIDING MEMBER [HON'BLE MR. UTPAL KUMAR BHATTACHARYA] MEMBER