Sri Shyamal Gupta, Member

This Appeal is moved by DHFL Pramerica Life Insurance Co. Ltd. against the Order dated 18-04-2016, passed by the Ld. District Forum, Kolkata-II (Central) in CC No. 36/2016, whereof the complaint case has been allowed.

In a nutshell, case of the Complainant was that, he fell victim of the sinister designs of the authorized agent of the OP Insurance Company, who, mis-sold him the insurance product of the OPs.  As soon as he detected the anomaly in the policy concerned, he approached the concerned agent for doing the needful.  However, as nothing positive was done despite repeated assurance, he lodged complaint with the OP Insurance Company and sought refund of the deposited sum.  However, the OP refused to oblige him citing technicalities involved in the matter. In view of this, the complaint case was filed.

The case was not contested by the OPs.

Decision with reasons

Postal AD Card on record shows that notice was duly received by the Respondent.  However, as he did not appear before us, the Appeal was heard ex parte.

On going through the impugned order, we come across several inconsistencies with the order impugned, e.g., though the case was not contested by the Appellants, it was shown as a contested case.

Be that as it may, the facts and circumstances of the case being identical vis-à-vis Appeal No. A/762/2016, we are not remanding the case to the Ld. District Forum and in the light of our findings in the said Appeal, we deem it appropriate to modify the impugned order.

The Appeal, thus, succeeds in part.

Hence,

O R D E R E D

The Appeal stands allowed ex parte in part against the Respondent.  The impugned order is modified as under:

Appellants shall refund the sum of Rs. 36,260/- to the Respondent after deducting 5% of the premium amount as service charge within 40 days from this day, i.d., simple interest @ 9% p.a. over the aforesaid sum shall be payable to the Respondent from the date of filing of the complaint case till full and final payment is made.