Adv. For the Complainant : - Dilip Kumar Bisi and Birendra Kumar Pradhan
Adv. For the O.P. :- No
Date of filing of the Case :- 24.08.2023
Date of Order :-15.07.2024
JUDGMENT
Smt. Jyotsna Rani Mishra , Member
Fact of the case:-
- The company namely Reliance Life Insurance company Ltd.(OP) complainant insured his life insurance and deposited Rs.30,500/- (Thirty thousand five hundreds rupees only) towards life insurance premium in favour of Reliance Life Insurance Company Ltd. vide Receipt no.1146 on dated.12.10.2010 which was provided by Op.
- That after Receipt of premium. Reliance Life Insurance company Ltd. Maharashtra given a letter to complainant that Life Insurance cover will commence from the day final decision is taken basing on the proposal and compliance with the requirement within 30 days failing which Reliance Life Insurance company Ltd. shall be constrained to cancel the policy and company will proceed with the refund of premium to the complainant.
- That as per the above letter for compliance of the requirement, complainant has to gone for medical checkup i,e ECG to be done at company empanelled centre for the life to be assured but due to illness complainant could not conduct his medical test at company empanelled centre and was not able to give necessary documents for Life Insurance to Op.
- That as complainant failed to comply the requirement for above life coverage as per the letter of Reliance Life Insurance Company Ltd, Maharashtra company should proceed with refund of premium after 30 days from the dated. Of receipt of i.e 12.10.2010 but OP as well as Reliance Life Insurance company Ltd. failed to refund the premium amount to the complainant.
- That complainant approached OP for several time but OP failed to pay his premium and more than 13 years has lapsed but OP did not pay any heed to it nor refund premium amount along with interest accrued from the premium paid by complainant.
- That , lastly complainant served a pleader notice to the OP on dated.30.06.2023 to refund the premium amount of Rs.30,500/- along with 12% P.A for last 13 years within 15 days from the dated of receipt of notice but OP even though received the notice but did not care for same.
The Cause of action arose on dated.30.06.2023 when complainant served pleader notice to OP by Reged. Post with AD. Who received the same OP assured the complainants to solve the problem but did not . and ultimately he had file the case and seeking refund of premium amount Rs.30,500/- with 12% P.A. for last 13 years by the OP and he further prayed for Rs.50,000/- for mental agony and Rs.50,000/- for harassment and Rs.1,00,000/- for monetary loss which the OP is liable to pay.
Complainant relies on following document:-
- Receipt No.1146 on dated.12.10.2010.
- Letter to client by Reliance Life Insurance Company Ltd.
- AD Card.
Having gone through the complainant it’s accompanied and on hearing the complaint Prima facie it seemed to be a genuine case hence admitted and noticed to the OP served and in response the OP did not appeared before the commission, sufficient time and opportunity has been given but OP failed to filed their written version within the statutory period, so fails to proves his credential.
Due to non appearance and non filing of written version I presume that all allegation made by complainant is admitted by the OP. As such OP is set exparte from 14.03.2024.
While going through the merit of the case it is found that complainant insured his life insurance in Reliance Life Insurance Company Ltd. and deposited Rs.30,500/- towards Insurance premium . After receipt of premium Reliance Life Insurance Company Ltd. Maharashtra given a latter and clearly mention that insurance cover will commence from the day final decision is taken basing on proposal and compliance with requirement within 30 days. And failing which Reliance Life Insurance Company Ltd. Shall be constrained to cancel the policy and company will proceed with refund of premium to complainant but due to illness of complainant fail to comply the required document and cancel the policy. And as per the letter of Reliance Life Insurance Company Ltd. Maharashtra Company should refund the premium after 30 days from the date. Of receipt of premium i,e 12.10.2010 now more than 13 years has lapsed failed to refund to the complainant. Which restoring deficiency in service and unfair trade practice and OP is liable for compensation. Hence Order.
ORDER
OP is directed to refund the premium amount of Rs.30, 500/- with 12% P.A for last 13 years.
I further directed to pay Rs.30,000/- towards mental agony and harassment and Rs.5000/- towards litigation expenses within one month from the dated. Of order.
Failing which the entire amount shall be paid by OP @ 12 % interest P.A. from the dated. Of filing the case till realization.
PRONOUNCED IN THE OPEN COMMISSION TO-DAY 15th day of July‘ 2024.
