West Bengal

South 24 Parganas

CC/250/2015

Sri Mantu Das, S/O Netai Das. - Complainant(s)

Versus

1. The Regional Manager, Aegon Religare Life Insurance Co. Ltd. - Opp.Party(s)

Keka Chakraborty.

18 Aug 2016

ORDER

DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , JUDGES’ COURT, ALIPORE KOLKATA-700 027

 

C.C. CASE NO. ___250   OF ___2015____

 

DATE OF FILING : 2.6.2015     DATE OF PASSING JUDGEMENT:    18.8.16

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :  Smt.  Sharmi Basu  & Subrata Sarker                                      

 

COMPLAINANT                  :  Sri Mantu Das,s/o Netai Das of Teenkanya Apartment, Block B, Flat GE, Gobonda Niwas, Jyangra, Rajarhat Road, Kolkata – 59.

 

-VERSUS  -

 

O.P/O.Ps                                :  1. The Regional Manager, Aegon Religare Life Insurance Co. Limited of 57/H/1, K.N. Sen Road, Siddhartha Apartment, Kolkata-42, P.S. Kasba.

                                                  2.    The General Manager, Aegon Religare Life Insurance Co. Limited , Building no.3, Third Floor, Unit no.1, Nesco IT Park, Western Express Highway, Goregaon (East), Mumbai – 400063.

                                                

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                                                            J  U  D  G  E  M  E  N  T

 

            Smt. Sharmi Basu, Member

            The petition of complaint made under section 12 of the C.P Act ,1986 has been filed by the complainant against the O.Ps on the ground of deficiency in service on the part of  the O.P .

             It is the short case of the complainant that a man representing and being the agent of the O.Ps approached the complainant to avail AR Educare Advantage Plan of the O.Ps which is one time investment policy and complainant only once have to pay Rs.23000/- to enjoy the benefit of Rs.1,64,583/- . Accordingly complainant issued a cheque of Rs.23000/- dated 25.1.2014 under AR Educare Advantage Plan. But on receipt of the policy complainant found that the policy having terms of payment of Rs.23000/- as annual premium payment to be made for 12 years and after a lapse of 16 years complainant shall receive the basis sum assured amounting to Rs.1,64,583/- which is below the principal amount. Complainant also submitted that he never signed on any policy form. Complainant after much persuasion sent  a written complaint to the O.ps for cancellation of the policy ,followed by legal notice dated 16.2.2015 but it yielded no result. Hence, this case  praying for refund of Rs.23000/- ,cost of Rs.10,000/- and compensation of Rs.50,000/-  and Rs.10,000/-  for adopting unfair trade practice by the O.Ps etc.

            The O.Ps contested the case by filing reply denying all the material allegations contending inter alia that complainant submitted an application for insurance on 16.1.2014 for Educare Advantage Plan  . Accordingly policy was issued and sent to the complainant and complainant was given a detailed description about the features of the said policy plan including all the charges, terms and conditions of the policy and complainant had signed the said application on his own. The positive case of the O.Ps is that complainant did not valid the Free Look Option within the stipulated time . The O.Ps pray for dismissal of the case.

Points for Decision

1. Whether the complainant is a Consumer or not.
2. Whether there is any deficiency in service on the part of the O.Ps or not.
3. Whether the complainant is eligible to get relief as prayed for partly or fully.

 

Decision with reasons

            All the points are taken together as they are interlinked.

            After scrutinizing vividly the complaint, written version and all the documents brought before this Forum by both the parties and hearing argument at full length from the Ld. Advocates of both the parties , it is crystal clear that the complainant has taken the policy from the insurer O.P nos. 1 and 2 through an agent of the O.Ps being a sum of Rs.23000/-. It is fact that complainant of the instant case has not informed to the O.P for cancellation of the same within the Free Look period of 15 days. Therefore, it is beyond doubt that this Forum has no power to give direction to the O.Ps to refund the premium amount. But it is fact that complainant being an almost illiterate being allured by the agent of the O.Ps has entered into an agreement for insurance paying Rs.23000/- as the agent of the O.Ps wrongly described the benefit of the policy ,specifically that complainant has to pay premium for one time and he could enjoy the matured benefit of Rs.1,64,583/- . 

            Here, it is needed to be mentioned that this is a common practice of the O.Ps nowadays to appoint agent or official on behalf of them to allure and misguide the common people at large who are the ordinary prudent person.

            In the instant case also the complainant is a flower seller and has lack of knowledge in English language. Moreover, it is also needless to mention that in the instant case O.Ps have ample opportunity to establish that they have not appointed any agent for the aforesaid matter in question. It is also noticed by this Forum that astonishingly it is mentioned in the policy paper that complainant/insured has to pay a sum  of Rs.23000/- for 12 years amounting to Rs.2,76,000/- but the matured value of the policy would be Rs.1,64,583/- ,which is next to impossible. Therefore, we have no hesitation to hold that the complainant of the instant case has not been informed properly, as he has submitted before this Forum about the terms and conditions of the policy, otherwise, no person with minimum common sense would accept the aforesaid policy having huge disparity between the paid premium and the amount of matured sum.

            It is also pertinent to mention that as per section 6 of the C.P Act, 1986 Consumer has right to inform clearly about  the service  which would be provided by the service provider. Therefore, in light of the above discussion we have no hesitation to hold that the O.Ps are jointly and/or severally liable for unfair trade practice as well as deficiency in service under section 2(1)(r ), section 2(1)(g) and section 2(1)(o ) of the C.P Act, 1986 respectively and it is strongly opined by this Forum that in the instant case an exemplary cost should be imposed upon the O.Ps to protect the interest of the consumer at large  and it is also beyond doubt that for the aforesaid activities of the O.Ps complainant has to suffer immense mental agony and harassment and also financial loss and he should be aptly compensated by the O.Ps.

            Thus all the points are discussed and all are in favour of the complainant and the complaint case succeeds.

            Hence,

                                                                        Ordered

That the case be and the same is allowed on contest with cost.

All the O.Ps are jointly and/or severally directed to  refund Rs.75000/- to the complainant with interest @10% p.a. from 25.1.2014 till its realization within 30 days from the date of this order.

All the O.Ps are jointly and/or severally directed to pay compensation to the tune of Rs.3 lacs and litigation cost of Rs.5000/- to the complainant within 30 days from the date of this order .

All the orders  should be complied by the O.Ps jointly and/or severally within 30 days from this date, failing which punitive damage of Rs.100/- per day shall have to be paid by the all the O.Ps jointly and/or severally from the date of default till its realization ,out of which 50% of the amount will be deposited in the Consumer Legal Aid Fund and rest 50% will be given to the complainant.

Let a plain copy of judgment be supplied to the parties free of cost as per rule.

 

Member                                   Member                                                                                   President

 

Dictated and corrected by me

 

 

            Member

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The judgment in separate sheet is ready and is delivered in open Forum. As it is ,

 

                                                Ordered

That the case be and the same is allowed on contest with cost.

All the O.Ps are jointly and/or severally directed to  refund Rs.75000/- to the complainant with interest @10% p.a. from 25.1.2014 till its realization within 30 days from the date of this order.

All the O.Ps are jointly and/or severally directed to pay compensation to the tune of Rs.3 lacs and litigation cost of Rs.5000/- to the complainant within 30 days from the date of this order .

All the orders  should be complied by the O.Ps jointly and/or severally within 30 days from this date, failing which punitive damage of Rs.100/- per day shall have to be paid by the all the O.Ps jointly and/or severally from the date of default till its realization ,out of which 50% of the amount will be deposited in the Consumer Legal Aid Fund and rest 50% will be given to the complainant.

Let a plain copy of judgment be supplied to the parties free of cost as per rule.

 

Member                                   Member                                                                                   President