SUSHIL KUMAR JAIN Vs. MANJU

JUDGEMENT

(1.) This revision petition has been filed under section 21(b) of the Consumer Protection Act, 1986 against the order dated 23.05.2012, passed by the Haryana State Consumer Disputes Redressal Commission (hereinafter referred to as 'the State Commission ') in First Appeal No. 696/2006, "Sushil Kumar Jain versus Manju and Ors. ", vide which, while dismissing the appeal, the order dated 07.07.2005, passed by the District Forum in consumer complaint No. 85/2004, filed by the present respondent No. 1, allowing the said complaint, was upheld.

(2.) As per the factual position on record, two consumer complaints were filed before the District Forum - CC No. 85/2004 by Smt. Manju Garg and CC No. 86/2004 by Abhishek Garg, in which they stated that they had purchased money back life insurance policies from the LIC of India for a sum of Rs.1 lakh each, for a period of 20 years. As per the terms and conditions of the policies, a sum of Rs.15,000.00 was payable to the complainants Abhishek Garg and Rs.20,000.00 to Manju Garg on 28.05.2002. On making enquiries from the office of LIC, it was learnt that cheques for payment for Rs.15,000.00 to Abhishek Garg and Rs.20,000.00 to Smt. Manju Garg had already been issued. It was stated that Sushil Kumar Jain, agent of the LIC had taken the cheques and presented them in some fake account in the Oriental Bank of Commerce and the amounts were withdrawn by him illegally in connivance with the OP LIC. The complainants filed the consumer complaints in question, seeking payment of amounts payable under the Policy alongwith compensation on account of financial loss and mental agony etc. The District Forum vide their order dated 07.07.2005, decided complaint No. 85/2004 filed by Smt. Manju Garg and directed the OP LIC to pay a sum of Rs.20,000.00 to her alongwith interest @9% p.a. from 28.05.2002 till realisation and also to pay Rs.5,000.00 as compensation and Rs.1,000.00 as litigation expenses. In the other complaint No. 86/2004 filed by Abhishek Garg, the District Forum directed vide order of even date to make payment of Rs.15,000.00 alongwith interest @9% p.a. from 28.05.2002 till realisation and a compensation of Rs.5,000.00 and Rs.1,000.00 as litigation cost.

(3.) Being aggrieved against the orders of the District Forum, it was also directed that the OP LIC may recover the said awarded amount from the agent Sushil Kumar who had committed fraud by making encashment of the amount of cheques in the name of the complainants.