Nitin Patel v. The Chairman, Life Insurance Corporation Of India And ORS.
03.01.2025 Ct. 14 BP/AGM In The High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 19092 of 2024 Nitin Patel -versus The Chairman, Life Insurance Corporation of India & Ors.
Mr. Avijit Ghoshal.
...For the Petitioner.
Mr. Kushal Chatterjee.
Mr. Mohanlal Banerjee.
Mr. Oishik Chatterjee.
... For the LICI.
1. The petitioner prays for refund of the amount deposited with LICI in terms of the "Jeevan Anand" policy. The policy allegedly commenced in December 2010 and the petitioner claims to have paid the premium till the year 2012. Thereafter, the company refused to accept payment on the ground that an investigation was continuing in the matter. The date of maturity of the said policy was in the year 2022.
2. A representation made by the petitioner before the Manager (CRM/CPIO) seeking refund of the payment is pending consideration.
3. Learned advocate representing LICI submits, upon instruction that, the policy document annexed to the writ petition at page 23 and the money receipts at pages 24, 25 and 26 of the writ petition are fake and fraudulent ones. LICI never received any payment from the petitioner.
4. The petitioner was intimated by a communication dated 15th May, 2014 for production of the original
documents showing payment for policy verification. The petitioner never responded to the said communication.
5. Be that as it may, without entering into the allegation and the counter allegation of the parties at this stage, as it appears that the prayer of the petitioner seeking refund of the payment allegedly made is pending consideration at the end of LICI, accordingly, the instant writ petition is disposed of by directing the Senior Divisional Manager, LICI, being respondent no. 6 herein to consider the prayer of the petitioner in accordance with law at the earliest after giving a reasonable opportunity of hearing to the petitioner for production of relevant documents within a period of six weeks from the date of communication of this order.
6. The aforesaid respondent shall intimate the petitioner the documents which he is supposed to produce before the authority for receiving his claim.
7. A reasoned order shall be passed and communicated to the petitioner.
8. The writ petition stands disposed of.
9. The instruction received by the learned advocate representing LICI be retained with the records.
10. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.
(Amrita Sinha, J.)