1. The ExecutantING Vysya Life Insurance Co. Ltd.,Gold Hill Square, 1st Floor,Bangalore. 2. The Team LeaderING Vysya Life Insurance Co. Ltd.,Khammam Branch.
...........Respondent(s)
BEFORE:
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
BEFORETHE DISTIRCT CONSUMERS FORUM AT KHAMMAM Dated this, the 10th day of November, 2010. CORAM: 1. Sri Vijay Kumar, B.Com, L.L.B., President 2. Smt. V. Vijaya Rekha, B.Sc. B.L., Member 3. Sri R. Kiran Kumar, B.Sc., L.L.B., Member C.C.No.63/2010 Between: Arvapalli Anil Kumar, S/o Ashok Kumar, Age:35years, Occ:Business, R/o. H.No.2-5-24/2, V.L.T. Road, Khammam Town and District. . Complainant. And !) The Executant, ING Vysya Life Insurance, Gold Hill Square, 1st Floor, # 690, Hosur Road, Begur Hobli, Bangalore 560 068, KARNATAKA. 2) The Team Leader, ING Vysya Life Insurance Co. Ltd., D.No.3-1-12, 1st Floor, Shiridi Sai Complex, Near Sunder Talkies, Gandhi Chowk, Khammam. Opposite parties. This C.C. is coming on before us for final hearing in the presence of Sri K. Satyanarayana, Advocate for the complainant and of Sri.M.V.Kiran Kumar, Advocate for opposite parties; upon perusing the material papers on record; upon hearing the arguments and having stood over for consideration this forum passed the following: ORDER (Per Sri R. Kiran Kumar, Member) This complaint is filed u/s.12-A of Consumer Protection Act, 1986. The averments made in the complaint are that the complainant is resident of Khammam and basing on the publicity made by the opposite parties, the complainant has taken a policy bearing No.00632543 with the opposite parties and is regularly paying the installments on the respective due dates. On 22-02-2010, the complainant has received SMS from opposite party No.1 by mentioning that his policy is lapsed due to non-payment of premium amount. And also submitted that the premium amounts were paid by the complainant and there was no default made by him as on the date of said message. The bank statements as furnished by ING Vysya Bank, Local branch, Khammam reflects such premium amounts paid by the complainant on 17-3-2008 through cheque bearing No.1143859 for Rs.10,000/- and on 21-3-2009 paid Rs.10,000/- through cheque bearing NO.2261768 by ING Vysya Bank, Khammam, after receiving the message from opposite parties the complainant had addressed good number of correspondence through his E-Mail and also approached opposite party No.2 in person. But the complainant did not receive any information from the opposite parties, in order to show the reason for lapsing of the policy or the period for which premium was not paid. On 6-3-2010 the complainant got issued legal notice to the opposite parties, even after receipt of legal notice, they failed to respond. The act done by the opposite parties shows that is nothing but to cheat the complainant, the opposite parties are showing untenable reason for unsettling the mistaken entry of premium payments made by the complainant. If the mistaken entry of all the premium payments made by the complainant is not rectified, the complainant will be put to irreparable loss and hardship. As such he approached the forum for redressal. On behalf of the complainant, the following documents were filed and marked as Exs.A.1 to A.12. Ex.A.1 - Original pay order bearing No.KNo.866036, dt.6-5-2010 issued by ING Vysya Bank, Khammam branch. Ex.A.2 - Photo copy of premium notice vide premium notice No.22123238 issued by opposite parties. Ex.A.3 - Photocopy of first premium receipt issued by opposite parties, dt.24-3-2007. Ex.A.4 - Photocopy of renewal/top up deposit acknowledgment issued by opposite parties, dt.19-3-2009 Ex.A.5 - Photocopy of Bank statement, dt.2-6-2008 issued by ING Vysya Bank, Khammam branch. Ex.A.6 - Photocopy of Bank statement, dt.4-4-2009 Ex.A.7 - Photocopy of E-Mails sent by the complainant, dt.10-1-2010, 16-2-2010 and 4-2-2010. Ex.A.8 - Photocopy of E-Mail received from Sri.Nagesh by the complainant, dt.9-2-2010 Ex.A.9 - Photocopy of E-Mail received from M.Devasayam, dt.18-1-2010. Ex.A.10 - office copy of legal notice issued by the complainant to opposite party No.1 and 2, dt.6-3-2010. Ex.A.11 - Postal receipt (3 Nos.) Ex.A.12 - Postal Acknowledgments (2 Nos.) On receipt of the notice, opposite party No.1 and 2 appeared through their counsel, but failed to file counter. Upon perusing the material papers on record, now the points that arose for consideration are 1) Whether the complainant is entitled for the claim? 2) To what relief? Point No.1: In this case the complainant has taken a policy bearing No.00632543 with opposite parties and is regularly paying the installments. On 22-2-2010 the complainant has received SMS from opposite party No.1 by mentioning that his policy is lapsed due to non-payment of premium amount. On receiving such message from opposite party No.1, the complainant addressed number of correspondence and also approached opposite party No.2 in person. But the opposite parties failed to give any information to show the reason for lapsing the policy or the period for which the premium was not paid. On 6-3-2010 the complainant got issued legal notice to the opposite parties, even after receipt of legal notice, they failed to respond, as such he approached the forum for redressal. To support his case, the complainant along with complaint filed bank statements as furnished by the ING vysya bank, Khammam branch, which were marked as Exs.A.5 and A.6. The complainant got issued legal notice to the opposite parties to furnish the entire particulars of premium paid by him and also the reasons for keeping his policy in lapsed position. From the record, we observed that even after receipt of legal notice, the opposite parties failed to turn up to furnish the details as demanded by the complainant. Even after filing his complaint, the opposite parties appeared through their counsel, simply filed vakalath and kept silent. It is for the opposite parties to establish that for what purpose they sent a message to the complainant to put his policy in a lapsed position. On this aspect of the case, the complainant filed bank statement and also got issued legal notice to prove his case. The opposite parties failed to give reply and also no proof is filed to disprove the case of the complainant. Even after receiving the legal notice, failed to give reply or put the policy of the complainant to its actual stage is nothing but deficiency of service on the part of opposite parties. In view of the aforesaid reasons, this point is answered accordingly in favour of the complainant. Point No.2: In the result, the complaint is allowed in part, directing the opposite parties to rectify the mistake in non entering the payment of policy premiums paid by the complainant to the policy bearing No.00632543 and also directed the opposite parties to pay Rs.5,000/- towards pain and suffering and mental agony and also awarded Rs.1,000/- towards costs to the complainant. Dictated to the steno, transcribed by her, corrected and pronounced by us in the open forum, on this 10th day of November, 2010. PRESIDENT MEMBER MEMBER DISTRIC CONSUEMRS FORUM, KHAMMAM APPENDIX OF EVIDENCE Witnesses examined for complainant: None Witnesses examined for opposite party: None Exhibits marked for Complainant: Ex.A.1 - Original pay order bearing No.KNo.866036, dt.6-5-2010 issued by ING Vysya Bank, Khammam branch. Ex.A.2 - Photo copy of premium notice vide premium notice No.22123238 issued by opposite parties. Ex.A.3 - Photocopy of first premium receipt issued by opposite parties, dt.24-3-2007. Ex.A.4 - Photocopy of renewal/top up deposit acknowledgment issued by opposite parties, dt.19-3-2009 Ex.A.5 - Photocopy of Bank statement, dt.2-6-2008 issued by ING Vysya Bank, Khammam branch. Ex.A.6 - Photocopy of Bank statement, dt.4-4-2009 Ex.A.7 - Photocopy of E-Mails sent by the complainant, dt.10-1-2010, 16-2-2010 and 4-2-2010. Ex.A.8 - Photocopy of E-Mail received from Sri.Nagesh by the complainant, dt.9-2-2010 Ex.A.9 - Photocopy of E-Mail received from M.Devasayam, dt.18-1-2010. Ex.A.10 - office copy of legal notice issued by the complainant to opposite party No.1 and 2, dt.6-3-2010. Ex.A.11 - Postal receipt (3 Nos.) Ex.A.12 - Postal Acknowledgments (2 Nos.) Exhibits marked for opposite parties: -Nil- PRESIDENT MEMBER MEMBER DISTRIC CONSUEMRS FORUM, KHAMMAM
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