NATIONAL INSURANCE CO LTD vs S K JOSHI

-THIS appeal has been directed by the opposite party No. 1national Insurance Company against order dated 12. 02. 2008 passed by Consumer Disputes Redressal Forum-I, U. T. Chandigarh (hereinafter to be referred as District Consumer Forum), vide which the complaint of respondent Shri S. K. Joshi (complainant) was accepted with costs of Rs. 2,200 and appellant as well as OP No. 2 (as mentioned in the complaint) were directed to release the amount due to the respondent Shri S. K. Joshi under the retirement benefits scheme within 30 days from the receipt of the letter and further to pay Rs. 20,000 as compensation for causing mental tension and harassment. It was also directed that if the amount was not paid within 30 days, then they would be liable to pay interest @ 12% p. a. from 1. 2. 2003 till payment.

BRIEFLY stated the facts are that respondent Shri S. K. Joshi (complainant) had retired as manager from Chandigarh R. O-II after attaining the age of superannuation on 31. 1. 2003. He was member of RBS (Retirement Benefits Scheme) under National Mutual Benefit Society vide membership No. 1808 and the deductions towards monthly contribution were made from his salary by the respective offices payable to the National Insurance Company wherever he was posted till his retirement. It was next averred that respondent had written several letters dated 21. 10. 2005, 2. 11. 2005 and 20. 1. 2006 to the National Insurance Company to expedite the retirement benefits but of no avail.

Alleging deficiency in service, the complaint was filed.

THE appellant as well as OP No. 2 (as mentioned in the complaint) contested the complaint and pleaded that respondent Shri S. K. Joshi retired on 31. 1. 2003 and cause of action had arisen to him from that date and the present complaint filed in May, 2006 was time barred. On merits, they denied that respondent (complainant) was accepted as a member of the National Mutual Benefit Society. However, they pleaded that due to inadvertence mistake some deductions were made from the salary of the respondent and that amount could be refunded to him if he furnishes proof of the same. They also admitted that they had deducted Rs. 855 towards supplementary death relief scheme and Rs. 16 towards RBS during the period he was posted in Chandigarh RO-II. They denied other allegations and stated that there was no deficiency, so complaint should be dismissed. Parties adduced evidence by way of their affidavits.

AFTER hearing Counsel for the parties, District Consumer Forum vide order dated 12. 2. 2008 accepted the complaint with costs as stated in the earlier part of the judgment. Aggrieved by the said order, opposite party No. 1 has filed the present appeal. We have heard Counsel for appellant Shri V. K. Kapur and carefully gone through the file.

ANNEXURE C-2 is letter dated 4. 3. 2003 vide which they admitted after checking the records thoroughly that respondent Shri S. K. Joshi, complainant was member of RBS scheme. Even documentary evidence in this regard was enclosed with the said letter showing deductions made from the salary of the respondent. He was even allotted membership No. 1808. Even in the letter Annexure C-5 date 7. 4. 2003 they admitted that Sh. S. K. Joshi was member of RBS scheme right from the date of introduction of scheme and subscription on account of RBS scheme was being deducted regularly and was being sent by PTRO till January, 1995 and by Head Office, Kolkata till September,1995 and by CHRO-1/chro-II till January 2003. The details of deduction during the period 1996 to January 2003 were also forwarded. Annexure C-7 is letter dated 18. 8. 2004 vide which Rs. 855 towards SDRS and Rs. 16 towards RBS were deducted during the period the respondent was posted in CHRO-II. As per Annexure C-9, Asstt. Manager of the National Insurance Company had requested the secretary of the company to release benefits under the retirement benefit scheme, having membership No. 1808 of the respondent without any further delay. Annexure C-11 is the reminder issued by the Deputy Manager of National Insurance Company for expediting the matter.

THIS documentary evidence conclusively proves that the respondent was the member of Retirement Benefits Scheme from the date of introduction of the scheme and further the subscription had been regularly deducted from his salary. The complaint is also within time as it had been filed in May, 2006 because the National Insurance Company never repudiated claim of the respondent. On the other hand vide letter Annexure C-7 dated 18. 8. 2004 Rs. 855 had been deducted towards SDRS and Rs. 126 were deducted towards RBS during the period the respondent was posted in CHRO-II. Vide letter Annexures C-9 and C-11 various officials of National Insurance Company had asked to expedite the matter of releasing benefits under the scheme to the respondent. The limitation period as counted from these letters is certainly within time. Instead of helping the respondent to get his dues, the appellant as well as OP No. 2 had been harassing him for the last four years in not making payment of his dues under the SDRS as well as RBS scheme. It was not a stray incident of making deductions once or twice but the subscription had been regularly deducted from his salary for years together. Therefore, explanation given by the appellant as well as OP No. 2 that the amounts were deducted by mistake is not correct. We concur with the reasoning given by the District Consumer Forum and hold that there is no merit in the appeal. Consequently, it is dismissed in limine with special costs of Rs. 20,000.

Copies of this order be communicated to the parties, free of charge. Appeal dismissed.