ORIENTAL BANK OF COMMERCE Vs. MOTI LAL SHARMA

JUDGEMENT

(1.) These two appeals arise from a common order passed by the State Commission on 9.5.1997.

(2.) Very briefly the facts of the case are that the complainant Mr. Moti Lal Sharma (since deceased) obtained a Jeevan Dhara Policy from Life Insurance Corporation of India (LIC) in his own name in the year 1989. Upon surrender of the policy on 14.8.1992, as per rules, along with the prescribed form and completing all the formalities, when the complainant/respondent was not getting the money, he made several visits to the office of LIC, he was not being attended to but finally in reply to letter of the appellants, LIC wrote to the complainant that the surrender value of the Policy amounting to Rs.1,36,548 has been sent to the complainant by their cheque No. 989887 dated 8.9.1992, drawn on the United Commercial Bank, New Delhi under registered cover on 25.9.1992. Since the complainant had never received this amount, again the matter was taken up with the appellant, LIC, but getting no reply, the complainant filed a complaint before the State Commission, who after hearing the parties and also joining Oriental Bank of Commerce as a party, allowed the complaint and directed both LIC and the Oriental Bank of Commerce to pay an amount of Rs.1,36,548 along with interest @ 18% p.a. from 1.10.1992 till the date of payment along with compensation of Rs. 5,000. Liability was to be joint and several.

(3.) Aggrieved by this order, these two appeals have been filed before us.