STATE CONSUMER DISPUTES REDRESSAL COMMISSION, ODISHA, CUTTACK FIRST APPEAL NO.108 OF 2014 (Form an order dated 21.01.20214 passed by the District Commission, Bhadrak in C.D.59 of

2012)

The Branch Manager, L.I.C. of India, Bhadrak At/Po/Dist: Bhadrak …….. Appellant.

Vrs.

1.Smt. Bayani Behera W/O Rama Chandra Behera President Bania Sahi S.H.G.

2. Smt. Mallika Behera W/O Sri Fakira Mohan Behera Secretary, Bania S.H.G Both SL. No.1& 2 are residents of Bania Sahi ( jaynagar )

Po: Dhamnagar Block colony Via/PS: Dhamnagar , District : Bhadrak

3. Branch Manager, UCO Bank, Dhamnagar Branch, At/PO/PS: Damager, District Bhadrak ……… Respondents For the appellant : Umakanta Mishra,Advocate For the respondent: None.

P R E S E N T: THE HON’BLE SHRI JUSTICE DR. D.P.CHOUDHURY, J, PRESIDENT And Mr. P.K.Prusty, MEMBER And Miss. S.L.Pattnaik, MEMBER DATED THE 24TH May 2022

O R D E R

Miss Sudhira Laxmi Pattnaik Member This appeal has been directed against the order dtd.21.01.2014 passed by the Learned District Consumer Disputes Redressal Forum, Bhadrak in C.D. case No.59 of 2012, allowing the complaint case on contest by directing the opposite party No.1, Branch Manager, LIC of India,Bhadrak Branch to issue policy bonds in favour of the complainant from the date of receipt of premium amount in shape of Demand draft to pay compensation of Rs.5000/- along with litigation cost of Rs.1000/- to the complainants within 30 days from the date of receipt of the order and further directing to receive the premiums from the complainants during the intervening period without any fine for their deficiency in service and negligence in duty. In spite of notice respondent did not remain present to adjourned the matter .

2. For the sake of convenience, in order to avoid confusion and for proper appreciation, the parties are being referred to as they have been arranged in the complaint case.

3. The factual matrix of the case of the complainants are that for the development of financial status, eleven numbers of ladies have, constituted a Self Help Group (SHG) in the name and style of “Bania Sahi” self Help group, where the complainant no.1 was the President &

complainant no.2 was the Secretary.

4. It is alleged by the complainants that, they had applied for financial loan from the opposite party no.2 i.e. UCO Bank who had sanctioned loan in favour of eleven members of the said SHG group. It is alleged by the complainants are that, while sanctioning loan, the Opposite party no.2 being the corporate agent of opposite party no.1, had requested the said members of the SHG groups to buy policies in their favour. As per the request of OP No.2, the SHG groups filled up proposal forms and accordingly paid premium for Rs.31,784/- on 08.07.2010 to OP No.1 through opposite party No.2 vide Demand Draft bearing No.COD/13/328208 amounting to Rs.53,462/- (Rs.21,678/- against premium of other loanees). Thereafter, although the opposite party no.2 sent the amount along with proposal forms to OP No.1, but no policy bond was received by the insured. It is further alleged by the complainants that, in spite of several approach to the OP No.1 & 2, they did not pay any heed.

5. Finding no other resort, being aggrieved, the complainants filed a complaint case bearing No.59/2012 before the District Consumer Disputes Redressal Forum,Bhadrak, alleging deficiency in service and negligence in duty on the part of the opposite parties.

6. Upon notice being served, the opposite parties appeared before the District Forum,Bhadrak and filed their respective written version. The opposite party no.1 Branch Manager,LIC filed written version denying the allegations made by the complainants.

7. According to O.P No.1, the UCO Bank(OP No.2) is a corporate agent of LIC(OP No.1) and that opposite party No.1 has appointed financial services Executives to liason with each and every UCO Bank for procurement of new business. It is further averred that, the opp.party no.2 has deposited Rs.53,462.00 on dtd.09.07.2010 vide D.D. No.