- (1.) THE complainant is a retired Head Constable. While in service, he had taken a life insurance policy under salary savings scheme for Rs. 5,000. The first opposite party regularly deducted the premium from his monthly salary. A certificate was also issued by the first opposite party to the effect that the deduction of Rs. 31.40 per month from his salary towards payment of premium to the second opposite party has been made. The policy matured on 1.3.1996. The complainant made a claim which was not responded to by the 2nd opposite party. Hence, the complaint.
(2.) THE first opposite party contended that the premium amounts were deducted from his salary and remitted to the 2nd opposite party. But in respect of the Policy No. 64792685, the premium for the policy was not deducted by mistake. Certificate has been issued as though the premium was deducted from his salary. Therefore, this opposite party is not liable to pay any amount to the complainant.
(3.) THE 2nd opposite party contended that the complainant is not entitled to get any sum. From the admitted case of the parties, it is clear that in respect of policy in dispute herein namely Policy No. 64792685, the first opposite party has admitted that they have deducted the amount from the salary and remitted to the 2nd opposite party. But the 2nd opposite party claims that no amount was received. Therefore, it is clear that though the amount was deducted from the salary of the complainant, it was omitted to be remitted by the 1st opposite party to the 2nd opposite party. Therefore, as far as the 2nd opposite party is concerned, there is no deficiency in service because the premiums have not been received and, therefore, the policy had lapsed.;