(1.) These two revision petitions have been filed under section 21(b) of the Consumer Protection Act, 1986 against the impugned order dated 11.03.2016, passed by the Puducherry State Consumer Disputes Redressal Commission (hereinafter referred to as 'the State Commission') in First Appeal No. 07/2015, "Assistant Provident Fund Commissioner vs. L. Sundararajan and Ors.", and cross appeal FA No. 08/2015 in "L. Sundararajan and ors. vs. Life Insurance Corporation (LIC) and Ors." vide which, FA No. 07/2015 against the order passed by the District Forum, Puduchhery in consumer complaint No. 30/2012, filed by the complainant L. Sundarrajan, allowing the said complaint, was dismissed, whereas Appeal No. 08/2015 was partly allowed and the complainant was held entitled to get a sum of Rs. 1,50,000.00 as compensation for deficiency in service on the part of the Opposite Party and also a sum of Rs. 50,000.00 as compensation for mental agony etc. as against a compensation of Rs. 20,000.00 allowed by the District Forum.
(2.) Briefly stated, the facts of the case are that the complainant L. Sundararajan, who is a member of the Employees' Provident Fund Scheme, obtained a Money Back Policy from the Life Insurance Corporation (LIC) for a period of 15 years, i.e., 28.08.95 to 28.08.2009 and the yearly instalment of Rs. 4,310.00 towards premium was to be paid from his Provident Fund Account No. PC/20/6297, being maintained by the opposite party (OP), i.e., the Assistant Commissioner, Employees' Provident Fund Office (EPFO). It was stipulated under the terms and conditions of the Policy that on the life assured surviving, after 5 years and after 10 years, 25% of the sum assured of Rs. 50,000.00, i.e., Rs. 12,500.00 shall be paid to the EPFO. At the time of maturity, the balance 50% of the sum assured shall be paid back to his EPF Account alongwith accrued bonus. Since the policy commenced w.e.f. 28.08.95, 25% of the sum assured, i.e., Rs. 12,500.00 was to be transferred to provident fund account on 28.08.2000 and the second instalment of Rs. 12,500.00 was to be paid to the EPFO on 28.08.2010.
(3.) It is alleged in the consumer complaint that the OP Assistant Commissioner, EPFO failed to make payment of the premium to the LIC in time and because of this default on their part, the LIC could not pay the necessary amount in his EPF account, treating the said policy in lapsed condition. It has been stated that the yearly premium of Rs. 4,310.00 for the years 2000, 2001, 2002 and 2003 (four years), total sum of Rs. 17,240.00 was transferred in the year 2003-2004. The complainant took-up the matter a number of times with the LIC, but to no avail. He filed the consumer complaint in question, seeking directions to the EPFO as well as to the LIC to pay him a sum of Rs. 2,31,446/- alongwith Rs. 30,000.00 as compensation for mental agony etc. and Rs. 10,000.00 as cost of litigation. The complainant has provided calculations for the sum of Rs. 2,31,446/- in the body of the complaint itself.