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Judgment
THIS revision petition has been filed by the petitioners against the order dated 14.12.2011 passed by the Andhra Pradesh State Consumer Disputes Redressal Commission, Hyderabad (in short, ''the State Commission'') in Appeal No. 1619 of 2005- The Branch Manager, The Pearless General Ins. and Investment Co. Ltd. Vs. Vennapusa Chenna Reddy by which, while dismissing appeal, order of District Forum allowing complaint was upheld.
BRIEF facts of the case are that complainant/respondent was a policy holder of OP No. 2/Petitioner No. 2 for Rs.50,000/- and was paying annual instalment of Rs.1,575/-. Policy was taken in 1983 and its maturity date was 28.3.2003. Complainant paid Rs.20,360/- towards annual premium and thereafter complainant lost the bond issued by OP. OP also promised to pay Rs.30,000/- towards bonus. Inspite of request by the complainant, OP did not issue duplicate bond. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP contested complaint and submitted that complainant did not produce receipt of Rs.7,703/- towards last instalment paid on 5.8.1984. Deposit slip did not contain and seal or signature of OP. Complainant did not apply for duplicate certificate nor complained about loss of certificate. OP can make payment of claim only on production of original certificate and prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed complaint and directed OP to pay Rs.80,000/- with 6% p.a. interest and further awarded Rs.1,000/- as cost. Appeal filed by the OPs was dismissed by the State Commission, against which this revision petition has been filed. Respondent did not appear, but sent written submissions by post.
HEARD learned Counsel for the petitioner and perused record.
LEARNED Counsel for the petitioner submitted that as per complaint itself, complainant paid Rs.20,360/- inclusive of Rs.7,703/- even then learned District Forum committed error in allowing refund of Rs.80,000/- and learned State Commission further committed error in dismissing appeal; hence, revision petition be allowed and impugned order be set aside and complaint be dismissed. Perusal of record clearly reveals that complainant/respondent obtained policy for Rs.50,000/- and as per averments in the complaint, he paid total Rs.20,360/-inclusive of Rs.7,703/- which is disputed deposit slip. OP/petitioner disputed genuineness of receipt of Rs.7,703/- as it did not contain any seal and signature of the OP. Learned District Forum held payment receipt of Rs.7,703/- as genuine as OP did not file ledger extract. Further, learned District Forum without any basis held that complainant had paid all the instalments, though, neither pleaded in the complaint nor proved by any evidence.
BURDEN was on the complainant to prove payment of all the instalments. As deposit slip of Rs.7,703/- does not contain seal and signature of OP, learned District Forum has committed error in holding payment through this deposit slip. Complainant has also not filed any other receipt depositing payment of total amount of Rs.50,000/-. In such circumstances, learned District Forum has committed error in holding that complainant has made full payment and allowing refund of Rs.80,000/-. Learned State Commission has further committed error in dismissing appeal on the ground of shifting burden of proof on the petitioner.
LEARNED Counsel for the petitioner further submitted that as per certificate status, complainant has deposited only Rs.12,600/- and complainant is entitled to receive only Rs.20,000/- inclusive of proportionate bonus which is lying with the petitioner unclaimed. We deem it proper to allow refund of Rs.20,000/- with interest. Consequently, revision petition filed by the petitioner is allowed and impugned order dated 14.12.2007 passed by learned State Commission in Appeal No. 1619/2005 - The Branch Manager, The Peerless General Insurance and Investment Co. Ltd. Vs. Mr. Vennapusa Chenna Reddy and order of District Forum dated 22.8.2005- Mr. Vennapusa Chenna Reddy Vs. The Branch Manager, The Peerless General Insurance and Investment Co. Ltd. is modified and petitioner is directed to refund Rs.20,000/- along with 12% p.a. interest from the date of filing complaint till realization. There shall be no order as to cost.