AFR / NAFR CHHATTISGARH STATE CONSUMER DISPUTES REDRESSAL COMMISSION PANDRI, RAIPUR Date of Institution: 10/05/2024 Date of Final Hearing: 04/03/2025 Date of Pronouncement: 28/03/2025 APPEAL No.- FA/24/361 IN THE MATTER OF : Bank of Maharashtra, Through: Branch Manager, Agrasen Chowk, Bilaspur (C.G.) … O.P. No.2/ Appellant Through: Shri Akhilesh Mishra, Advocate Vs.

1. Branch Manager, CAB, Life Insurance Corporation of India, Office: Magarpara Road, Bilaspur, Tah. & Dist. Bilaspur (CG) … O.P. No.1/ Respondent No.1 Through: Shri Devendra Pratap Singh, Advocate

2. Khel Kumar Patel S/o. Shri Sudarshan Singh, R/o. Devnandan Nagar, Phase-2, Sipat Road, Bilaspur, Tah. & Dist. Bilaspur (CG) … Complainant / Respondent No.1 Through: Shri Amarnath Sahu, Advocate.

CORAM: -

HON’BLE SHRI JUSTICE GAUTAM CHOURDIYA, PRESIDENT HON’BLE SHRI PRAMOD KUMAR VARMA, MEMBER PRESENT: -

Shri Akhilesh Mishra, Advocate for the appellant.

Shri Devendra Pratap Singh, Advocate for the respondent No.1.

Shri Amarnath Sahu, Advocate for the respondent No.2.

O RDE R

PER: - JUSTICE GAUTAM CHOURDIYA, PRESIDENT This appeal is filed against order dated 21.03.2024 passed by District Consumer Disputes Redressal Commission, Bilaspur (C.G.) (hereinafter called “District Commission” for short) in complaint case No.CC/2017/223, whereby the complaint was allowed with directions that the opposite party No.2/ appellant herein shall, within 45 days from the date of receipt of copy of the order, refund the amount of premium for the year 2014 in respect of 10 policies of the complainant/ respondent No.2 from the Life Insurance Corporation of India and deposit it back into the account of the complainant/ respondent No.2 and also refund the amount of premium deducted in respect of 10 policies of the complainant/ respondent No.2 for the year 2015 and year 2016 Rs.24,240/- and Rs.24,240/- respectively. Simple interest @ 9% p.a. from the date of deduction till the date of payment on all the above amount of premium for three years was also directed to be deposited in the complainant/ respondent No.2’s account. The opposite party No.2/ appellant was also directed to pay compensation for mental agony Rs.1,00,000/- (One Lac) along with cost of litigation Rs.5,000/- (Five Thousand) separately to the complainant/ respondent No.2.

2. In nutshell the facts of the case are that the complainant/ respondent No.2 on 22.08.2013 obtained 10 (ten) life insurance policies bearing policy Nos.358553800 to 358553809 from the opposite party No.1/ respondent No.1 with yearly premium option and paid yearly premium of all the policies Rs.24,240/- on 22.08.2013. The opposite party No.2/ appellant is authorized agent of the opposite party No.1/ respondent No.1. For payment of insurance premium for the year 2014 cheque No.970066 dated 20.08.2014 was issued in favour of LIC and for the year 2015 D/D No.76993 dated 31.08.2015 was issued by Bank of Maharashtra in favour of LIC. When D/D No.467087 dated 05.09.2016 was issued by Bank of Maharashtra in favour of LIC for payment of premium of year 2016, the authorized agent of the LIC opposite party No.2/ appellant got information on 10.09.2016 that all the above 10 policies have lapsed and D/D was returned. Letters dated 20.09.2016 and 14.10.2016 were written by the Bank to the LIC and written request was also made by the complainant/ respondent No.2 before the LIC opposite party No.1/ respondent No.1 but no action was taken. Then legal notice dated 18.04.2017 was sent to both the opposite parties the Bank and the LIC but the opposite party No.1/ respondent No.1 LIC did not reply to the notice, whereas the Bank admitted that the complainant/ respondent No.2 paid all the premiums in time. Hence, seeking renewal of the policies in question and compensation on different heads complaint was filed.

3. The opposite party No.1/ respondent No.1 in its written version averred that D/D No.970066 dated 20.06.2014 was deposited in their Office by the opposite party No.2/ respondent No