PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint No.- 134/2024

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Achyutananda Sahoo, Aged About 68 Years

S/O- Chandali Sahoo

R/O- G. Shop No- 19, Andhra Bank Gali

Machapada, Hirakud Po-Hirakud, Ps-Hirakud

Dist-Sambalpur-768016                              ...………..Complainant

Versus

1. Bharti Axa Life Insurance

Unit No-1904, 19^th Floor, Parinee Crescenzo

G Block BandraKurla Complex BKC Road

Behind MCA Ground Bandra East Mumbai 400051, Maharashtra

2. Gopal Chandra Barik, Customer Relationship Manager

Bharti Axa Life Insurance Company Ltd

At- Manunagar Po- Rasulpur. Ps-Bhograi,

Dist- Baleswar, Pin- 756038, Odisha

3. Branch Manager State Bank Of India

VIP Colony Bhubaneswar Branch, (Branch Code- 16589)

IFSC- SBIN0016589 N3/437 IRC Village Po- IRC Village

Bhubhaneswar, Odisha,  Pin-751015                               …………...Opp.Parties

Counsels:-

1. For the Complainant         :- Sri. R.Gupta & Associates
2. For the O.P.No.1                :- Sri. C.Patra & Associates
3. For the O.P.No.2 & 3         :- Ex-parte

Date of Filing:12.04.2024,  Date of Hearing :30.09.2024,  Date of Judgement :12:11.2024

Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that after maturity of the insurance policy the Complainant got Rs. 1,98,890/- and as per advice of O.P.No.2. Manager of O.P.No.1 purchased a policy for 5 years with S.A. Rs. 4,59,251/- in the name of his daughter Gayatri Sahoo with annual premium of Rs. 97,837/-. As per advice of O.P.No.2 another policy was taken in the name of his son Sadashiv Sahoo for the same plan with different duration and S.A. Rs. 11,91,154/- and rider plan of Rs. 100,000/- extra with annual premium of Rs. 97,847/-. O.P.No.2 deceived the Complainant with false promises and Complainant paid the premium amount for three successive years till 2021. Amount were remitted to account of O.P.No.2 for deposit but when asked for receipt O.P.No.2 assured to hand-over in Sambalpur when he will come from Bhubaneswar.

The Complainant was in urgent need of money and surrendered both the policies prematured. O.P.No.1 advised to contact the marketing manager, O.P.No.2 who asked for policy bond papers, Aadhar Card, bank account details etc. The Complainant deposited all documents with original policy bonds and put signatures over certain documents. With the assurances of O.P.No.1 & 2 signatures were made from time to time but no amount was credited. Till date although surrender was made no amount given. The O.P.No.2 in personal capacity issued a cheque bearing No. 559374 dated 27.10.2023 for Rs. 2.00 lakhs with assurance that money will not go anywhere.

The cheque was deposited on 04.11.2023 but bounced which amounts to misappropriation. The Complainant went to O.P.No.3 to collect the address of O.P.No.2 but the O.P.No.3 misbehaved. Being aggrieved complaint has been filed.

2. The O.P.No.1 in reply submitted that this Commission has no jurisdiction & the complaint is barred by limitation. The details of the policies are:

Policy No. 501-7855700501-7938381

Life Insured nameGayatri SahooSadashiv Sahoo

Policy OwnerAchyutananda SahooSadashiv Sahoo

Plan Name Elite Advantage Elite Advantage

Policy issues on 31.08.201821.09.2018

Total Premium paidRs. 99,990.76Rs. 1,97,845.98

Premium paid till date 28.08.201920.09.2020

Dispatch date04.09.201824.09.2018

Delivery Date08.09.201829.09.2018

Policy Status Terminated Terminated

The policies are not terminated during free look period. The Complainant has not paid 2^nd year and 3^rd year renewal premium for policy No. 501-7855700. Under policy No. 501-7938381 the Complainant has paid 2^nd renewal premium. For non-payment the policies came to lapsed status and revival also expired within the revival period. The receipt s filed by Complainant are forged.

The O.P.No.2 resigned from the company on 12.04.2021 due to medical reasons. For issuance of cheque by the O.P.No.2, company is not liable. There is no deficiency on the part of answering O.P.

3. The O.P.No.2 & 3 have been set ex-parte.
4. The Complainant filed the following documents:

1. Premium receipt policy No. 501-7938381 for Rs. 1,95,694.94P.
2. Premium receipt policy No. 501-7855700 for Rs. 97,838.00P
3. Receipt dated 24.11.2024 in respect of policy No. 501-7938381.
4. Receipt dated 27.09.2021 in respect of policy No. 501-7855700.
5. Surrendered letter dated 04.11.2023 issued by Branch Manager along with cheque No. 559374 for Rs. 2,00,000/-.
6. Copy of cheque No. 559374 dated 27.10.2023 issues by O.P.No.2 for Rs. 2.00 lakhs.
7. Messages/correspondences with O.P.No.2.

The O.P.No.1 filed following documents:

1. Policy documents-Elite Advantage policy No. 501-7855700.
2. Policy documents-Elite Advantage policy No. 501-7938381.

5. The O.P.No.1 challenged the jurisdiction of this Commission and on the point of limitation. The Complainant is a resident of Hirakud and the O.P.No.1 admitted the address in the premium receipts issued. Accordingly, this Commission has territorial jurisdiction to entertain the complaint.

The second point raised by the Complainant is limitation period. It is the admitted case of both the parties that policy No. 501-7855700 is in the name of Gayatri Sahoo. The policy term is 10 years, issued on 31.08.2018 and the S.A. is Rs. 4,59,251/-. The last premium due date of the policy is 28.08.2022. Likewise, policy No. 501-7938381 is in the name of Sadashiv Sahoo. Premium were deposited on 17.09.2018 and 25.09.2020 as per admission of O.P.No.1. Premium due date was 20.09.2021. The O.P.No.1 alleged that within 2 years complaint has not been filed. In the other hand Complainant contended that the O.P.No.1 issued premium receipt on 24.11.2021 wherein the premium date has been shown as 20.09.2021 reflects the premium due date as 28.08.2022. The O.P.No.1 contended that the receipt are forged. In the other hand the Complainant contended that the premium receipts are issued by O.P.No.1. As the dates are disputed the date of premium due date shall be taken into consideration i.e. 20.09.2022 for Sadashiv Sahoo and 28.08.2022 for Gayatri Sahoo. The complaint is filed on 12.04.2024 which is within the period of limitation. Further on 04.11.2023 the Complainant surrendered the policies and receipt has been granted by O.P.No.1 along with cheque No. 559374 for Rs. 2.00 lakhs dated 27.10.2023. From the said dates also within statutory period complaint has been filed.

Accordingly, the complaint is within the period of limitation and acceptable/accepted.

6. The O.P.No.2 is a marketing manager of the O.P.No.1 company. From the conversation through messages it reveals that the Complainant was sending money to the O.P.No.2. In the other hand the O.P.No.1 contended that the O.P.No.2 resigned from the company on 12.04.2021 due to personal/medical reasons. Cheque No. 559374 dated 27.10.2023 was issued by O.P.No.2 for Rs. 2.00 lakhs. When an employee of the company is not in service but issued a cheque in favour of Complainant it proves that premium amount in both the policies have been received and it is within the knowledge of O.P.No.1 as the cheque has been reflected in the Complaint petition. The O.P.No.1 & 2 collusively acted against the Complainant on the following points:

1. The O.P.No.1 has not taken any criminal action against O.P.No.2 after knowing the facts that on behalf of Company premium has been received.
2. The O.P.No.1 simply said that the premium receipts are forged but no any action taken who issued the receipts for the company and damaging the image of the company.
3. Why cheque was issued in personal capacity it was also not enquired into.

This proves the collusive actions of the O.P.No.1 & 2.

7. In the present complaint it is admitted by Complainant that he policy has been surrendered. For premium payment term of 5 years and 7 years the policy acquires a surrender value provided at least two annualised premium has been paid. O.P.No.1 admitted that for policy No. 501-7938381 premiums paid upto 20.09.2020. In the other hand for policy No. 501-7855700 only one premium has been paid till 28.08.2019. The payment of premiums are n controversy. The Complainant submitted that for three years premiums have been paid and later surrendered.

There is manipulation of records by the officials of O.P.No.1 & specially O.P.No.2 along with criminal misappriation and this Commission does not feel to interfere on the matter. Non-investigation of the points of controversy, non-filing of criminal proceeding against the wrong doen by O.P.No.1 amounts to deficiency in service on the part of O.P.No.1. For the acts of O.P.No.2, he O.P.No.1 is also equally liable as principal.

O.P.No.3 is not a necessary party to the case.

Taking into consideration the circumstances of the following order is passed:

ORDER

The complaint is allowed on contest against O.P.No.1 and ex-parte against O.P.No.2. Complaint is dismissed ex-parte against O.P.No.3. The O.P.No.1 & 2 are jointly and severally liable for the deficiency in service and harassment to the Complainant. The O.P.No.1 & 2 are directed to refund Rs. 5,87,052/- with 7 % interest P.A. from date of filing complaint within one month of this order. In case of non-payment the amount will carry 12% interest P.A. till realisation. For deficiency in service the O.P.No.1 & 2 are liable to pay compensation of Rs. 1,00,000/- and litigation expenses of Rs. 15,000/-.

Order pronounced in the open court on 12^th day of Nov 2024.

Supply free copies to the parties.