Smt. Shampa Ghosh, Hon’ble Member:-
The fact of the case in brief is that the complainant was an employee of National Insurance Company Ltd., Narendrapur, Kolkata -700 103. The OP No.2 is also an employee of National Insurance Company. The OP-2 introduced the complainant to the OP No.1. OP-1 working as an agent.
OP No-1 offered the complainant to purchase policies for further benefits. After being convinced and as per proposal of the OPs the complainant was willing to invest Rs.6,00,000/- for his future benefit. The OP 1 & 2 assured the complainant that he shall get double benefit after his retirement and in case of death the legal heirs of complainant shall get full benefit. After that the complainant handed over two cheques being cheque No.609960 and 609963 dated 10.04.2018 and 25.04.2018 amounting to Rs.3,00,000/- each in favour of the OP No.1. The OPs requested to the complainant to sign the agreement paper as per norms and terms of the Bank. The complainant also signed the bond papers as per instructions of the OPs on 25.04.2018. Complainant requested the OPs several times to handed over all the original certificates but on 12.11.2019 the OPs handed over only the Xerox copies of one policy of HDFC Mutual Fund being Folio No.20793416/32 dated 04.06.2018, one Xerox copy of ICICI Prudential Mutual Fund being Folio No:13584011/37 dated 04.06.2018and another xerox copy of Reliance Mutual Fund being Folio No:527316980120 dated 04.06.2018, each policies having Rs.1,00,000/- and the OP also handed over Xerox copy of policy SMC Global Securities Pvt. Ltd. vide A/C. No:1201910300661394 of Rs.3,00,000/-. OPs told that original policies will kept in the Head Office and after maturity of the same the office shall call the complainant. Several times the complainant requested for the original copies of policies but the OPs did not provide the original copies. On 19.01.2020 OP came into the house of the complainant and requested the complainant to lodge written GDE before the Narendrapur Police Station stated that the original police papers were lost from the custody of the complainant. But the complainant refused the same. Finding no other alternative the complainant sent legal notice on 27.11.2020 to the OPs requesting the OPS to get assistance so that the complainant may withdraw the amount against polices which are handed over to the complainant by the OPs. But the OPs neither replied the said notice nor complied with the same. Finding no other alternative the complainant has filed instant complaint case before the Commission on the reliefs sought for in the petition of the complaint.
The OP-1 did not come forward to contest this case by filing W/V. As such, by Order No.19 dated 05.08.2022 the instant complaint case was declared to be proceeded ex-parte against OP No.1.
OP No.2 contested the case by filing W/V. OP2 denied all allegations and prays for dismissal of the case with cost. OP-2 admits that he and the complainant both are the employees of the National Insurance Company and both are well known to each other. OP-2 states that he had no relations with the OP No.1. He also stated that he is not aware about the talking of purchased policies and payment of Rs.6,00,000/- between the complainant and the OP No.1. All the allegations as alleged by the complainant against him are false. OP-2 was treated as Proforma OP on 27.03.2023 as no relief has been claimed by the complainant against OP No.2.
Points for consideration :-
- Is the complainant a consumer?
- Are the OPs guilty of deficiency in service and unfair trade practice?
- Is the complainant entitled to get relief as prayed for?
Decisions with reasons :-
Points No.1 :-
On perusal of the case record along with the copies of documents, it appears that OP No.1 was working as an agency of several policies. OP No.1 offered to purchase several policies and after being convinced, the complainant was willing to invest Rs.6,00,000/- for his future benefit. On good faith the complainant handed over two cheques amounting to Rs.3,00,000/- each in favour of OP No.1. The OP No.1 duly encashed the said two cheques in his bank account. Therefore, the complainant is a consumer U/S 2(7) of the Consumer Protection Act, 2019.
Hence, Point No.1 is decided in favour of the complainant and against the OPs.
Points No.2 & 3 :-
Both points are taken up together for the sake of convenience and as they are interlinked.
The complainant on good faith and full trust upon the agency OP No.1 invested Rs.6,00,000/- with hope of bright future and also assumed that they will give better service than that of other agents. The complainant issued two cheques being cheque No:609960 and 609963 dated 10.04.2018 and 25.04.2018 respectively amounting of Rs.3,00,000/- each in favour of the OP No.1. OP-1 duly encashed the said two cheques in his Bank A/C. The OP assured the complainant that original policies will be sent through Speed Post. The complainant requested the OP to hand over the original policy papers. But the OP handed over the Xerox copies of one policy HDFC Mutual Fund, Reliance Mutual Fund and another one ICICI Prudential Mutual Fund, each policies havingRs.1,00,000/- each. OP also handed over one Xerox copy of policy of SMC Global Securities Pvt. Ltd. of Rs.3,00,000/-. Several times the complainant requested the OPs to hand over the original policy paper but the OP did not respond. On 27.01.2020, complainant sent legal notice requesting the OP to get assist so that the complainant may withdraw his amount against policies. But the OP did not reply. It is crystal clear that the complainant paid Rs.6,00,000/- through cheques in the name of the Op No.1 and the OP No.1 duly encashed the same, but the complainant did not receive any original papers. The complainant did not get proper service from the OP-1 in respect of policies. Consequently, deficiencies in services and unfair trade practices both have been occurred from the side of the OP No.1. As the OP did not hand over the original policies the complainant suffered huge mental pain and agony. So the complainant is entitled to get relief as he has prayed for.
Therefore, Point Nos.2 & 3 are decided in favour of the complainant and against the OP No.1.
Complainant is entitled to get the decree in his favour and against the OP No.1.
In the result, the complaint case succeeds.
Fees paid is correct.
Hence, it is,
ORDERED
that the instant complaint case be and the same is hereby allowed ex-parte as against the OP No.1 with cost of Rs.20,000/- (Rupees Twenty Thousand) only and dismissed against the OP No.2 without any cost.
The OP No.1 is directed to hand over all original policies to the complainant within 45 days from the date of passing this order.
Alternatively the OP No.1 is directed to refund the entire paid amount of Rs.6,00,000/- (Rupees Six Lakhs) which was handed over by the complainant through cheques in faovur of the OP No.1 with Simple Interest @9% per annum w.e.f. 25.04.2018 (date of handed over the cheques) till the date of final realization within 45 days from the date of passing this order.
OP No.1 is directed to pay Rs.10,000/- (Rupees Ten Thousand) for harassment, mental pain and agony suffered by the complainant within 45 days from the date of passing this order.
OP No-1 is also directed to pay litigation cost of Rs.20,000/- (Rupees Twenty Thousand) only as aforesaid to the complainant within 45 days from the date of passing this order.
The complainant is at liberty to put the order into execution after expiry of 45 days in case the orders are not complied with by the OP No.1 within 45 days from the date of passing this order.
Let a copy of this order be supplied free of cost to the parties concerned.
That the final order will be available in the following website:www.confonet.nic.in.
