1. The fact of the case of complainant is that he purchased one insurance policy named “Bajaj Allianz Life Income Assure - Income” on 30.09.2019 vide policy no. 0372982753 for annual premium of Rs. 1,17,993/- with an assurance of one year premium deposit only and it is not mandatory to deposit the onward premiums and complainant can surrender at any time after 3^rd years and he will receive the entire premium period with bonus.
   
   Being convinced, he deposited above premium of Rs. 1,17,993/-.It is alleged that after receipt the policy bond on October, 2019, he surprised that alleged policy was issued in the name of another person named “Bhimo Majhi of Dulpur sahi, Kotpad under Koraput District” and the policy was “Bajaj Allianz Max Gain” and he contacted with the O.Ps on many occasions either to change the policy or to refund the amount deposited, but to no effects whereas the O.P. No. 1 replied that since the free look period is over, the policy cannot be changed, thus with other allegations, showing deficiency in service on the part of the O.Ps, he filed this case, claiming the deposited amount of Rs. 1,17,993/- and Rs. 1,00,000/- and Rs. 50,000/- towards compensation and costs from the O.Ps.

2. O.P. No. 1 appeared and filed her counter version admitting the sale of alleged insurance policy to the complainant but denied the allegations contending that she sold the alleged insurance policy with premium of Rs. 1,17,993/- and insurance policy was issued on 30.09.2019, but mistakenly one wrong insurance policy named “ Bajaj Allianz Max Gain” in the name of “Bhimo Majhi” was issued to the complainant which she has brought to the notice of O.P. no. 2 & 3 for proper rectification, but no action taken by them.  Thus showing her no liability, O.P. No. 1 prayed to dismiss the case.

3. O.P. No. 2 & 3 send their counter version alongwith certain documents by Regd. Post through their Ld. Counsel wherein they have admitted the sale of alleged insurance policy but have denied the allegations contending that the complainant issued one cheque no. 848923 30.09.2019 which was got bounced and the first year premium amount payable under the policy was not paid by the policy holder and also not paid the subsequent premiums, hence the policy issued was automatically cancelled and as the payment was not made no liability arises, thus showing their no liabilities, they prayed to dismiss the case.

4. Parties have filed their respective documents in support of their submission.   During hearing, complainant and O.P. No. 1 were present.  A/R for O.P. No. 2 & 3 is absent on repeated calls.  Heard from the complainant as well as from O.P. No. 1.  Perused the case record and materials available therein.
    
5. It is an admitted fact that the complainant was issued with the insurance policy namely “Bajaj Allianz Life Income Assure - Income” on 30.09.2019 vide policy no. 0372982753 for annual premium of Rs. 1,17,993/- which was issued on 30.10.2019.  It is also documentary fact that the alleged policy was issued in name of one Bhima Majhi of Dulpur Street, Kotpad in the district of Koraput in the state of Odisha.  The allegations of complainant since he found the alleged policy in another person’s name, he approached the O.Ps for its proper correction or to refund the deposited amount, whereas the O.P. No. 1 admitting the same, has contended that she approached the O.P. No. 2 & 3 for its rectification but no result came out, whereas the O.P. No. 2 & 3 are totally silent over the same, neither they have contradict the same nor have uttered any single word to that effect in their counter part.  Since the O.P. No.2 & 3 are totally absent during hearing, we lost every opportunities to come to know that how and why the wrong insurance policy bond was issued to the complainant.

6. Further during hearing, complainant and O.P. No. 1 were present and O.P.No. 1 also admitted that she had approached many times to rest O.Ps for rectification of the wrong policy bond.  Further it is ascertained that complainant has filed the policy bond which was issued in his name and as per version of O.P. No. 1 the corrected and rectified policy bond was issued later to the complainant.  Further it is ascertained that O.P. No. 2 & 3 has not uttered a single word in their counter part about the issue of wrong policy bond to the complainant.  Hence we think, earlier complainant was issued with wrong policy number and later the same was rectified by the O.P. No. 2 & 3 and the same activity is clearly proves the deficiency in service on the part of O.P. No.3, as the O.P. No. 3 is the concerned person to issue the alleged policy bond.        

7. Further during hearing, complainant prayed for refund of his entire deposited amount showing the deficiency in service on the part of O.Ps.  Since no challenge nor any contradiction is there from the side of O.Ps, we have no hesitation to accept the version of complainant. Hence considering the submissions of complainant and non presence of O.P. No. 2 & 3 during hearing, we direct the O.P. No. 2 & 3 to cancel the insurance policy bond issued to the complainant and refund the entire deposited amount to him.
    
8. Further it is ascertained from the submissions of complainant, that only to get the insurance policy bond rectify, complainant must have suffered mentally, sustained financial loss, which compelled him to knock the door of the Commission.  Hence this order.

                                                                                                    ORDER

The complaint petition is allowed in part.  The O.P. No. 2 & 3 are herewith directed to cancel the alleged policy bond issued in favour of the complainant and refund the premium amount of Rs. 1,17,993/- to the complainant alongwith Rs. 10,000/- towards compensation for causing mental agony and financial loss and also to pay Rs. 3,000/- towards costs of litigation, within 45 days from the date of receipt of this order, failing which, the premiums amount shall carry interest @ 9% p.a. from the date of issue i.e. 30.09.2019 till payment.

          Pronounced in the open Court on this the 30^th day of August, 2022.  Issue free copy to the parties concerned.