State Consumer Disputes Redressal Commission
Sri Divisional Manager Lic Of India vs Smt. Nalini Behera on 13 February, 2023
Cause Title/Judgement-Entry IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION ODISHA, CUTTACK First Appeal No. A/139/2017 ( Date of Filing : 02 Mar 2017 ) (Arisen out of Order Dated 27/12/2016 in Case No. Complaint Case No. CC/17/2016 of District Kandhamal) 1. Sri Divisional Manager LIC of India Division Office, Khodasing, Berhampur, Ganjam. 2. The Senior Branch Manager, LIC of India Phulbani Branch, Phulbani, Kandhamal. ...........Appellant(s) Versus 1. Smt. Nalini Behera W/o- Dr. Purna Chandra Behera, Nandikhandi Sahi, Phulbani, Kandhamal. 2. Sri Kali Charan Prasanta Jena Chief Life Insurance Advisor, LIC of India, Phulbani, Kandhamal. ...........Respondent(s) BEFORE: HON'BLE MR. JUSTICE Dr. D.P. Choudhury PRESIDENT HON'BLE MR. Pramode Kumar Prusty. MEMBER HON'BLE MS. Sudhiralaxmi Pattnaik MEMBER PRESENT: Mr. U. Mishra , Advocate for the Appellant 1 M/s. R. Mohanty & Assoc., Advocate for the Respondent 1 Dated : 13 Feb 2023 Final Order / Judgement
FIRST APPEAL NO.139 OF 2017 Heard learned counsel for the appellant.
2. Captioned appeal is filed u/s 15 of the erstwhile Consumer Protection Act, 1986 (hereinafter called the 'Act'). Parties to this appeal shall be referred to with reference to their respective status before the District Forum.
3. The case of the complainant in nutshell is that the complainant has deposited Rs.56,509/- towards premium for opening of Four Insurance Policies in the name of herself and her family members. Money receipt was granted in her favour on 31.12.2013 but she did not receive the policy bond till the date of filing of the complaint. On 8.6.2015, the complainant made an application to the opposite party for refund of the amount with interest and compensation. Since no reply was received from the opposite party, she filed the complaint petition for harassment and mental agony.
4. The opposite party filed the written version stating that they have despatched the policy bonds which was received by the complainant on 11.7.2016. The delay of issuance of policy bonds was neither intentional nor deliberate. So they have submitted that they have no deficiency of service on their part.
5. After hearing the both the parties, learned District Forum passed the following order:-
xxxxx xxxxx " Accordingly, the O.P.No. 1 and 2 are jointly and severally directed to refund Rs.56,509/- to the Complainant with 9% interest per annum from 32.12.2013 the date of commencement of the policies till the date of the payment. The O.P. No.1 and 2 are further directed jointly to pay compensation Rs. 5000/- to the Complainant towards her mental agony and financial loss. The said order be complied within 30 days from the date of receipt of this order.
The C.C. is disposed of. Supply free copies of this order to both parties at an early date."
6. Learned counsel for the appellant submitted that learned District Forum has committed error in law by directing to refund the policy amount with interest because the delay although caused was not for compensation but refund of the policy amount. So, he submitted that impugned order passed by the learned District Forum be set aside by allowing appeal.
7. Considered the submissions, perused the impugned order and DFR.
8. It is admitted fact that the complainant has deposited Rs. 56,509/- for Four Policy Bonds, but did not receive the policy bonds even after two and half years. However, it appears from the impugned order that after filing of the complaint petition, policy bonds have been issued and received by her on 11.7.2016. Delay in issuance of policy bonds no doubt is deficiency of the service on the part of the opposite party. However, the refund of premium amount cannot be passed without analysing the terms and conditions of the policy by the learned District Forum. Therefore, while confirming the findings of the impugned order, we modify the operative portion of the impugned order by directing the opposite parties no. 1 and 2 to pay Rs.10000/- to the complainant towards mental agony and financial loss within 45 days. The rest of the impugned order shall remain unaltered.
The appeal is disposed of accordingly. No cost.
DFR be sent back forthwith.
Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission. [HON'BLE MR. JUSTICE Dr. D.P. Choudhury] PRESIDENT [HON'BLE MR. Pramode Kumar Prusty.] MEMBER [HON'BLE MS. Sudhiralaxmi Pattnaik] MEMBER