GrievanceThe grievance of the <strong>co</strong>mpla<strong>in</strong>ant/Insured is that he has not received the maturity claimaga<strong>in</strong>st the policy <strong>in</strong> question. That on his visit to the LIC Office with <strong>in</strong>tent to make anenquiry, he <strong>co</strong>uld <strong>co</strong>me to know that the policy status was ‘surrendered’ but he hasneither received any cheque nor any <strong>in</strong>timation from the LIC <strong>in</strong> this <strong>co</strong>ntext on the fateof the policy.ReplyThe LIC has <strong>co</strong>mmunicated this authority by letter dated 12/12/06 to say that the policywas surrendered <strong>in</strong> the year 1991 as per re<strong>co</strong>rds, but s<strong>in</strong>ce surrender payments weredone manually dur<strong>in</strong>g that period and s<strong>in</strong>ce it destroys old re<strong>co</strong>rds after expiry of 5years, payment details is not available either <strong>in</strong> the <strong>co</strong>mputer or <strong>in</strong> the old register.Decisions & ReasonsOn perusal of the status report of the policy, it appears that it was a policy of sumassured of Rs.25,000/- with monthly mode of premium @81.80 under Plan-Trm-PPtm:14-25-25, the D.O.C. was 20/03/1981, maturity date 03/2006 , last due 02/2006, FUP-04/1990, the last ac<strong>co</strong>unt dt:31/7/2001 (Date of <strong>co</strong>mputerization of system). So, fromthe aforesaid figures, it appears that the <strong>co</strong>mpla<strong>in</strong>ant/<strong>in</strong>sured did not take any step tokeep the policy <strong>in</strong> force after the policy status FUP 04/1990.Thus, we f<strong>in</strong>d that the <strong>co</strong>mpla<strong>in</strong>ant/<strong>in</strong>sured was not tak<strong>in</strong>g up any step towards therunn<strong>in</strong>g of the policy or claim<strong>in</strong>g the benefit for last 15 to 16 years mak<strong>in</strong>g it a ‘staleclaim’ by now and has approached this authority too belatedly for such relief. It issignificant that he has absolutely no document of any k<strong>in</strong>d <strong>in</strong> his possession <strong>in</strong>clud<strong>in</strong>gthe <strong>co</strong>py of the policy <strong>in</strong> order to substantiate his claim. LIC is also not <strong>in</strong> a position tosay def<strong>in</strong>itely, <strong>in</strong> absence of re<strong>co</strong>rds, whether the claim was settled by payment orotherwise. But then, presumption under the facts and circumstances aforesaid will bethat the claim was most desiredly settled around the year 1990-91 as there is noth<strong>in</strong>g<strong>in</strong> rebuttal from the side of the <strong>co</strong>mpla<strong>in</strong>ant. The question would have been different if<strong>co</strong>mpla<strong>in</strong>ant <strong>co</strong>uld produce any document <strong>in</strong> <strong>co</strong>nnection with the said policy. Generally,as per the Law of Limitation the claim of money due is to be made with<strong>in</strong> three yearsfrom the date it be<strong>co</strong>mes due and <strong>in</strong> this present case, no claim was submitted for along period of 15 years.Consequently <strong>co</strong>nclud<strong>in</strong>g, no s<strong>co</strong>pe to give relief to the <strong>co</strong>mpla<strong>in</strong>ant. Matter standsclosed.Guwahati Ombudsman CentreCase No. : 24/01/122/L/06-07/GHY.Sri Haripada DuttaVsLife Insurance Corporation of IndiaAward Dated : 26.02.2007GrievanceThis is a <strong>co</strong>mpla<strong>in</strong>t aga<strong>in</strong>st LICI for non-payment of maturity claim of Rs.10,000/- under‘SSS’ policy, (DOC : 15.03.91, monthly premium be<strong>in</strong>g Rs.61.30, table & term : 14-15)due on 15.03.06 as per the policy terms and <strong>co</strong>nditions. The <strong>co</strong>mpla<strong>in</strong>ant, however,admits that his employer deducted the premium @ Rs.61/- per month (<strong>in</strong>stead ofRs.61.30) aga<strong>in</strong>st wrong policy no.480309280 <strong>in</strong>stead of the <strong>co</strong>rrect policyno.480309289.Reply
The stand taken by LICI is that there is only a deposit of Rs.1,281/- aga<strong>in</strong>st the policy no.480309280 w.e.f. 07/2004 to 03/2006 and no depositswere found aga<strong>in</strong>st policy no.480309289.Decisions & ReasonsAs per the documents submitted by LICI it is seen that aga<strong>in</strong>st the policy no.480309289 the deposit has been shown upto 4th April, 1999 and thereafter the policyhas been shown as <strong>in</strong> lapsed <strong>co</strong>ndition. But <strong>in</strong> another photo-<strong>co</strong>py of ‘SSS Adj. Errors/Deposits’ submitted from LICI also reflects policy no.480309280. So, there was<strong>co</strong>nfusion and the same has still rema<strong>in</strong>ed not removed by the LICI. The LICI has notsubmitted any self-<strong>co</strong>nta<strong>in</strong>ed note to give any clear picture of the claim position, butfrom the documents submitted and <strong>in</strong>ter-Branches <strong>co</strong>rrespondences made, it appearthat the receipt of the premiums from the <strong>in</strong>sured/<strong>co</strong>mpla<strong>in</strong>ant from DOC i.e., 15.03.91,till April 2006 @ Rs,61/- is an admitted fact. The <strong>co</strong>mpla<strong>in</strong>ant has enclosed also <strong>co</strong>piesof the ‘pay sheets’ and ‘demand <strong>in</strong>voice of the employer’ where<strong>in</strong> the deduction hasbeen shown and remittance has been re<strong>co</strong>rded from DOC till April, 2006 i.e., withexcess deposits of premiums for the month of March & April, 2006. Thus, from thegiven facts we can easily <strong>co</strong>me to the <strong>co</strong>nclusion that because of the negligence ofLICI the status position of the policy <strong>in</strong> question was not rectified <strong>in</strong> spite of<strong>co</strong>rrespondences made by the <strong>co</strong>mpla<strong>in</strong>ant and his employer for which the maturitypayment <strong>co</strong>uld not be effected at appropriate time and it is due to non-action on thepart of the LICI which kept the matter pend<strong>in</strong>g without any desire to settle the claim.However, it appears that there was deduction of premium @ Rs. 61/- <strong>in</strong>stead ofRs.61.30 (as reflected from the <strong>co</strong>py of the policy) and thus, the monthly premium wasdeposited <strong>in</strong> a reduced rate by 30 paisa which was not detected earlier nor any attemptwas made for <strong>co</strong>rrection of the same by the <strong>in</strong>surer. This matter may be solved byadjustment of the same as per the LICI rules and norms for less payment of premium.In view of the discussions aforesaid, it is hereby directed that LIC will make thepayment to the <strong>in</strong>sured/<strong>co</strong>mpla<strong>in</strong>ant at once without any further delay along with penal<strong>in</strong>terest @ 6% P.A. from the date it became due till f<strong>in</strong>al payment for delay <strong>in</strong> payment,after mak<strong>in</strong>g the adjustment as described beforehand.Hyderabad Ombudsman CentreCase No. : L-21-001-0337-2006-07Sri Francis JosephVsLife Insurance Corporation of IndiaAward Dated : 22.02.2007Facts of the Case:The <strong>co</strong>mpla<strong>in</strong>ant is the LA under policy no.33836647 and his <strong>co</strong>mpla<strong>in</strong>t is about shortpayment of maturity value of the policy on ac<strong>co</strong>unt of re<strong>co</strong>very of <strong>in</strong>terest on policyloan. The LA obta<strong>in</strong>ed the policy for a sum assured of Rs.70,000 from Kolkata Divisionof LIC <strong>in</strong> the year 1981. He borrowed a loan of Rs.14,700 on 1.8.1988 from Citybranch-19, Kolkata @ 10.5% <strong>in</strong>terest and executed necessary loan papers. The LAshifted to Bangalore <strong>in</strong> 1996 and got his policy file transferred from Kolkata toBangalore. The policy matured for f<strong>in</strong>al payment on 28.3.2006 and <strong>in</strong> the <strong>in</strong>itial claim<strong>in</strong>timation letter, LIC did not show any re<strong>co</strong>very aga<strong>in</strong>st loan. The LA was asked to givea f<strong>in</strong>al discharge for Rs.205870.00 and was asked to return the orig<strong>in</strong>al policy bond forcancellation. At this po<strong>in</strong>t of time it came to light that the LA was not <strong>in</strong> possession ofthe bond and about existence of loan. The maturity payment under the policy was madeby LIC after deduct<strong>in</strong>g the outstand<strong>in</strong>g loan and a total <strong>in</strong>terest of Rs. 74,890. The