Kader Nath Singha v. State Of West Bengal And ORS.

03.01.2025 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 19040 of 2024 Kedar Nath Singha -versusThe Chairman, Life Insurance Corporation of India & Ors.

Mr. Avijit Ghoshal.

...For the Petitioner.

Ms. Soma Roy Chowdhuri, Ms. Payel Khanra.

...For LICI.

1.

Affidavit of service filed in Court today is taken on record.

2.

The petitioner claims refund of the amount allegedly paid to LICI for the policy 'Jeevan Anand' which commenced in the year 2009 and premium paid till the year 2011. The date of maturity of the said policy is sometime in the year 2026 or thereafter.

3.

The petitioner made representation before authority seeking refund which is pending consideration.

4.

Learned advocate appearing on behalf of LICI submits, upon instructions, that the policy document and the money receipts annexed to the writ petition are all fake and fraudulent ones. 5.

The petitioner has averred in the writ petition that a fraud has been detected and FIR has been lodged against one Sri Debabrata Ray, a staff of LICI and CBI investigation and trial is pending.

6.

The petitioner by a communication dated 15th May, 2014 was directed to produce the original documents for policy verification but the same has not been produced till date.

7.

Be that as it may, as it appears that the representation filed by the petitioner seeking refund is pending consideration at the end of LICI, accordingly, the Court is not inclined to enter into the merits of the allegation and counter allegation of the parties.

8.

The instant writ petition is disposed of by directing the Senior Divisional Manager, LICI being the respondent no. 6 herein to consider the prayer of the petitioner in accordance with law, after giving a reasonable opportunity of hearing to the petitioner for production of original documents at the earliest but positively within a period of six weeks from the date of communication of this order. The petitioner shall be made aware of the documents to be produced by the petitioner for obtaining refund of his claim.

9.

A reasoned order shall be passed and communicated to the petitioner immediately thereafter.

10.

The writ petition stands disposed of.

11.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

( Amrita Sinha, J.)