Order dictated by:

Sh.Anoop Sharma, Presiding Member

1.       Sh.Paraminder Singh has brought the instant complaint under the Consumer Protection Act, on the allegations that the complainant is policy holder of policy No.160114583519 got issued for a sum of Rs.142000/- by the complainant from Opposite Party on deposit of premium and as such, the complainant is consumer under the definition of the Act. One Vimal Bhatia representative of the Opposite Party having mobile No.8750715237 contacted the complainant and allured him to purchase policy of the Opposite Party and also allured that he will further help the complainant in getting amount due from HDFC Guarantee Fund and asked the complainant to deposit Rs.15,000/- initially and thereafter Rs.1,42,000/- in the office of Opposite Party and the complainant on his assurances had deposited the amount with Opposite Party. After deposit of the said amount, the Opposite Party issued policy in question under their scheme Aegon Life Guaranteed Growth Insurance Plan with commencements date 22.1.2016 of first  premium of Rs.1,42,000/- and another policy of first premium of Rs.15,000/-.  On the asking of the complainant, the Opposite Party cancelled the policy of amount of Rs.15,000/- and returned the money with some meager interest amount, but had refused to cancel the main policy of premium of Rs.1,42,000/- inspite of repeated visits of the complainant to the office of Opposite Party at Amritsar. Thereafter, the complainant made so many visits to the Opposite Party to cancel the policy and for payment, but till date no reply has been received.   Vide instant complaint, the complainant has sought the following reliefs:-

a)       Opposite Party  may be directed to refund the principle amount of Rs.1,42,000/- after cancellation of the policy alongwith interest @ 18% per annum from the date of deposit till payment.

b)      Opposite Party  may also be directed to pay Rs.30,000/- as compensation for mental sufferings, harassment and humiliation suffered by the complainant.

c)       Opposite Party be directed to pay the costs of the complaint.

Hence, this complaint.

2.       Upon notice, none appeared on behalf of the Opposite Party despite due service, hence Opposite Party was proceeded against exparte vide order dated 7.2.2017 of this Forum.

3.       In his bid  to prove the case, complainant tendered  his duly sworn affidavit Ex.C1 in support of the allegations made in the complaint and copies  of  documents Ex.C2 to Ex.C5  and closed the exparte evidence on behalf of the complainant.

4.       We have heard the representative of the complainant and have carefully gone through the evidence on record.

5.       From the perusal of the evidence on record, it becomes evident that the complainant is policy holder of policy No.160114583519 got issued for a sum of Rs.142000/- by the complainant from Opposite Party on deposit of premium and as such, the complainant is consumer under the definition of the Act. One Vimal Bhatia representative of the Opposite Party having mobile No.8750715237 contacted the complainant and allured him to purchase policy of the Opposite Party and also allured that he will further help the complainant in getting amount due from HDFC Guarantee Fund and asked the complainant to deposit Rs.15,000/- initially and thereafter Rs.1,42,000/- in the office of Opposite Party and the complainant on his assurances had deposited the amount with Opposite Party. After deposit of the said amount, the Opposite Party issued policy in question under their scheme Aegon Life Guaranteed Growth Insurance Plan with commencements date 22.1.2016 of first  premium of Rs.1,42,000/- and another policy of first premium of Rs.15,000/-.  On the asking of the complainant, the Opposite Party cancelled the policy of amount of Rs.15,000/- and returned the money with some meager interest amount, but had refused to cancel the main policy of premium of Rs.1,42,000/- inspite of repeated visits of the complainant to the office of Opposite Party at Amritsar. Thereafter, the complainant made so many visits to the Opposite Party to cancel the policy and for payment, but till date no reply has been received.  On the other hand, none appeared one behalf of Opposite Party despite due service  and in this way, the Opposite Party was proceeded against exparte.  To prove his aforesaid assertion, the complainant has placed on record his duly sworn affidavit Ex.C1 alongwith the copy of payment acknowledgment receipt Ex.C2, copy of application dated 22.4.2016 Ex.C3, copy of application dated 21.6.2016 Ex.C4, copy of application dated 30.8.2016 Ex.C5, the facts of which are nowhere denied by the Opposite Party because none appeared on behalf of the Opposite Party despite service.  As such, the evidence produced by the complainant has gone unrebutted on record. In this way, the Opposite Party has  impliedly admitted the correctness of the allegations made in the complaint. It also shows that Opposite Parties have  no defence to dislodge the complaint. So in such a situation, the  Opposite Party is   definitely liable to refund the amount of policy in question.

6.       Consequently, the instant complaint succeeds  and the Opposite Party is   directed to refund the amount of Rs.1,42,000/-  after cancelling the policy in question. Opposite Party is   also directed to pay Rs.2,000/- to the complainant on account of harassment and mental agony, besides Rs.1,000/- as litigation expenses.  The complaint stands allowed accordingly. Compliance of this order be made by the Opposite Party within 30 days from the date of receipt of copy of this order failing which the complainant shall be entitled to interest @ 9% per annum on the amount of Rs.1,42,000/- from the date of order till its realization. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.

Announced in Open Forum

Dated: 01.03.2017.