Haryana

Sonipat

CC/35/2015

SH. NOSHAD S/O GAFUR AHMED - Complainant(s)

Versus

1. RAJBALA ,2. MANAGER BHARTI AXA LIFE INSURANCE CO. LTD. - Opp.Party(s)

KULBHUSHAN CHAUDHARY

20 Aug 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SONEPAT.

                                Complaint No.35 of 2015                                              Instituted on:09.02.2015                                             Date of order:27.08.2015

 

Nosad son of Gaur Ahmed, r/o 323, Ward no.1, Dhobi Pada, Sonepat.

     …….Complainant

                          VERSUS

1.Raj Bala agent of Bharti Axa Life Ins. Co. Ltd., office at Bajaj Capital Ins. Broking Ltd., SCO No.396, Mugal Canal Karnal.

2.Manager, Bharti Axa Life Ins. Co. Ltd., Regd. Office Address Unit 601 and 602 6^th Floor Raheja Titanium, off Western Highway Goregaon(E) Mumbai-400063.

     ……..Respondents.

COMPLAINT UNDER SECTION 12 OF

THE CONSUMER PROTECTION ACT,1986

Argued by: Sh. Kulbhushan Chaudhary, Adv. for complainant.

           Sh. Sandeep Mishra, Adv. for respondent no.1.

          Sh. Subhash Tyagi, Adv.for respondent no.2.

BEFORE-    Nagender Singh, President.

           Smt. Prabha Wati, Member.

           D.V. Rathi, Member.

O R D E R

        Complainant has filed the present complaint against the respondents alleging therein that on 29.9.2014 the complainant has given Rs.40,000/- cash to the respondent no.1 in lieu of first premium of the policy.  The complainant was shocked after receiving the policy on 12.11.2014 as the term of policy was mentioned in the policy as 17 years, whereas respondent no.1 has told the term only three years.   The complainant within 15 days of free look period, moved an application for cancellation of the policy on 26.11.2014 to respondent no.1.  But till date, the amount of Rs.40,000/- has not been refunded to the complainant and that amounts to a deficiency in service on the part of the respondents.

2.       The respondent no.1 and 2 appeared and they filed their separate written statement.

         The respondent no.1 has submitted that the complainant has intentionally created false and concocted story with an intention to fame the respondent no.1. There is no deficiency in service on the part of the respondent no.1 in any manner.

         The respondent no.2 has submitted that after cancellation of the policy, the respondent no.2 has sent a cheque no.254749 of Rs.39,966/- to the complainant. But the said cheque was returned undelivered.  The said cheque is still lying in the office of respondent no.2.  There is no deficiency in service on the part of the respondent no.2.  So, the complainant is not entitled for any relief and compensation and thus, prayed for the dismissal of the present complaint.

3.       We have heard both the learned counsel for the parties at length and have also gone through the entire case file very carefully.

4.       Ld. Counsel for the respondent no.2 has submitted that after cancellation of the policy, the respondent no.2 has sent a cheque no.254749 of Rs.39,966/- to the complainant. But the said cheque was returned undelivered.  The said cheque is still lying in the office of respondent no.2.  There is no deficiency in service on the part of the respondent no.2.  So, the complainant is not entitled for any relief and compensation.       During the course of arguments, ld. Counsel for the complainant has made a statement that the amount of Rs.39,966/- has been credited in the complainant’s account vide cheque no.254749 dated 18.2.2015.

         Now the main question arises for consideration before this Forum is whether the complainant is entitled for any other relief or not?

         In our view, the complainant is not entitled for any other relief because the respondent no.2 has redressed the grievances of the complainant during the pendency of the present complaint.  Thus, it is held that the complainant is not entitled for any other relief from the respondents and thus, with these observations and findings, we hereby dispose off the present complaint.

         Certified copies of order be provided to the parties free of costs. File be consigned to the record-room.

 

(Prabha Devi-Member)    (D.V.Rathi)         (Nagender Singh-President)

DCDRF, Sonepat.      DCDRF, Sonepat.      DCDRF Sonepat.

Announced 27.08.2015