DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
PATIALA.
Consumer Complaint No. 221 of 5.10.2015
Decided on: 5.4.2017
Amrit Lal son of Late Sh.Babu Ram, resident of Jaffar Pur @ Sadiwal, Tehsil & District Patiala.
…………...Complainant
Versus
1. Aviva Life Insurance Co. India Ltd., Branch Office: Opposite Narain Hospital/Chardikala Newspaper, SST Nagar, Patiala through its Branch Manager.
2. Aviva Life Insurance Co. India Ltd.,Aviva Tower, Sector Road, Opp. Golf Course, DLF-Phase V, Sector 43, Gurgaon- 122003 through its Managing Director.
…………Opposite Parties
Complaint under Section 12 of the
Consumer Protection Act, 1986.
QUORUM
Smt. Neena Sandhu, President
Smt. Neelam Gupta, Member
ARGUED BY:
Sh.D.S. Behgal,Advocate, counsel for
the complainant.
Sh.Mayank Malhotra, Advocate, counsel for
the opposite parties .
ORDER
SMT.NEENA SANDHU, PRESIDENT
Sh. Amrit Lal has filed this complaint under Section 12 of the Consumer Protection Act,1986 ( hereinafter referred to as the Act) against the Opposite Parties (hereinafter referred to as the O.Ps.) praying for the following reliefs:-
- To refund the amount of Rs.10,155/-alongwith interest @18% per annum from the date of deposit till realization
- To pay Rs.70,000/- as compensation, on account of inconvenience, mental agony, physical harassment and humiliation suffered by him
- To pay Rs.11000/- as litigation expenses
- To grant any other relief, which this Forum may deem fit.
2. In brief, the case of the complainant is that he applied for the limit of Rs.3,00,000/- from Punjab & Sind Bank, branch Balbehra , in the month of March,2012.While sanctioning the loan, the Manager of the above said bank offered for Aviva Life Insurance , with the assurance that the same would be helpful for him in future, as well as it would help with regard to the sanctioning of the limit. On the assurance given by the Manager of Bank, he agreed for the same. Accordingly he purchased policy from the O.Ps vide plan named “Aviva Sampoorna Suraksha Bima Yojna” vide proposal No.PSB 020146 and issued a certificate of insurance .The policy was for the period of 10 years with sum insured of Rs.2,00,000/- in death case . He was asked to pay Rs.10,000/- approx. as annum premium of the policy. First premium of the policy to the tune of Rs.10,155/- was paid by him on 16.3.2012 from his account No.SB/15 maintained with Punjab & Sind Bank, branch Balbehra. The next due date of the premium was in March,2013. It is averred that when he deposited the second premium from his account on 21.5.2013, he was surprised that the amount was not adjusted as second premium of the policy, rather the OPs issued a new policy No.10025599 vide proposal No.NUP16077856 to him and adjusted the amount of second premium paid by him as first premium of new policy in June,2013. Due to this conduct of the OPs, his first policy became unpaid for second year/premium. No notice with regard to the payment of 2nd premium of first policy was issued by the O.Ps.On 28.5.2014, he paid Rs.9976/- as 3rd premium of first policy, but the O.Ps.adjusted the said amount as 2nd premium of the second policy. As such the first policy purchased by him was again became unpaid for the last two years. It is further averred that when this fact to his knowledge, he filed complaint with the O.Ps. for cancellation of both the policies and for the refund of the amount of three installments paid by him. At this, the O.Ps. issued a letter dated 2.6.2015, having demanded some documents. He supplied all the documents as demanded by the O.Ps. Thereafter, the O.Ps. got prepared a settlement deed at their own, with regard to the settlement between them, and got his signature on the same with the assurance that after this agreement, entire amount would be refunded to him. On the same date, the O.Ps. issued a cheque of Rs.20,104/- with the assurance that the remaining amount of Rs.10,155/- would be given within one/two weeks after getting sanction from the higher authorites. He made number of requests to the O.Ps. for the refund of Rs.10,155/- but they did not pay any heed to his genuine requests. Finding no alternative, he got served a legal notice dated 3.9.2015 upon the O.Ps. for the refund of the amount alongwith interest @18% per annum but the O.Ps. neither responded to the notice nor refunded the amount. Thus, there is deficiency of service on the part of the O.Ps. Due to this act of the O.Ps. he has been suffering from mental agony and physical harassment.
3. On being put to notice, the OPs appeared and filed the written version. It is admitted that the complainant purchased the policy from the O.Ps vide plan namely Aviva Sampuran Suraksha Bima Yozna , for the period of 10 years, for the sum insured of Rs.2.00lac, in death case and paid Rs. 10,155/- as annual premium on 16.3.2012.The premium of the policy was to be paid annually. The next date of premium was due in March,2013. It is stated that in the meantime the complainant opted for a new policy, which was issued to him vide policy No.10025599 vide proposal No.NUP-16077856. The premium of the same was received in the month of June,2013. It is stated that the complainant was to pay second premium of the first policy by himself but he opted not to pay the same.It is denied that the complainant paid 3rd premium of first policy from his account on 28.5.2014. It is stated that the complainant himself paid the second premium of the second policy. Due to non payment of 2nd & 3rd premium of the first policy, the same was ceased. It is admitted that the complainant wrote letter dated 2.6.2015 for return of the premiums paid by him in response to which they wrote letter on the same date asking for certain clarifications from him. Thereafter, they agreed to refund two premiums paid by the complainant and a settlement deed in this regard was entered between the parties on 20.7.2015 and issued a cheque of Rs.20,104/- as full and final payment to the complainant. The receipt of the legal notice dated 3.9.2015 and reply to the same dated 13.10.2015 is also admitted by them.The O.Ps. denied all other allegations made in the complaint and have prayed to dismiss the complaint.
4. On being called to do so, the ld. counsel for the complainant tendered in evidence Ex.CA, sworn affidavit of the complainant alongwith documents Exs.C1 to C18 and closed the evidence.
The ld. counsel for the OPs tendered in evidence Ex.OPA, sworn affidavit of Sh.Bhuwan Bhashker, Assistant Manager (Legal) alongwith documents Exs.OP1 to OP3 and closed the evidence.
5. We have heard the ld.counsel for the parties and have also gone through the record of the case, carefully.
6. The ld. counsel for the complainant submitted that in the year,2012, complainant took a insurance policy namely Aviva Sampurna Suraksha Bima Yozna, vide proposal No.PSB 020146. The said policy was for a period of 10 years, for a sum of insured of Rs.2lac in death case, having annual premium of Rs.10,000/-, which was paid on 16.3.2012. The next premium was due in the month of March,2013. On 21.5.2013, the complainant paid second premium, but the Ops instead of adjusting the said amount as 2nd premium of the said policy had issued a new policy No.10025599.On 28.5.2014, he paid a sum of Rs.9976/- as third premium for the first policy, but the Ops adjusted the said amount as second premium of the 2nd policy. When he came to know about the said fact, he filed a written complaint to the Ops for cancellation of both the policies and refund of the amount of three installments paid by him. The Ops admitted their mistake and assured him to refund the entire amount paid by him. The O.Ps paid a sum of Rs.20,104/- by way of cheque to him and assured that remaining amount of Rs.10,155/- would be paid within one or two weeks after getting sanction from the higher authority. The Ops also got prepared a settlement deed dated 20.7.2015, in this regard. However, inpsite of many requests, the Ops did not pay him the remaining amount of Rs.10,155/- till yet.
7. The ld. counsel for the Ops admitted the factum of purchase of insurance Policy namely Aviva Sampurna Suraksha Bima Yojna on 16.3.2012 by the complainant. He submitted that, the complainant in the month of June,2013, had also purchased insurance policy No.10025599 vide proposal form No.NUP-16077856 and paid the premium amount. Thereafter also he paid the 2nd installment of premium with regard to the 2nd policy. On receipt of a letter dated 2.6.2015, from the complainant, the Ops, as a goodwill gesture, refunded the amount of Rs.20,104/- as full and final payment to him and a settlement deed dated 20.7.2015 , in this regard was also executed between the parties. He further submitted that due to non payment of the premium amount by the complainant the first policy stood lapsed and as per the terms and conditions of the insurance policy, the complainant is not entitled to get any amount.
8. From the perusal of copy of Deed of Settlement dated 20 July,2015, Ex.C12, it is evident that this deed is with respect to policy No.10025599.There is no mention of first policy, which the complainant purchased in the year of 2012. From the perusal of copy of proposal form,Ex.OP3, on the basis of which 2nd policy was issued in favour of the complainant, it is observed that the proposal form is running into 8 pages. However, the Ops have placed on record only five pages, which do not bear the signatures of the complainant. In the absence of the signatures of the complainant on the proposal form, the plea of the Ops that complainant himself had opted for the 2nd policy, is not sustainable and we have no reason to disbelieve the contention of the complainant that on 21.5.2013 he had paid an amount of Rs.10,200/- for making the payment of the 2nd installment of the first policy and not for the purchase of the 2nd policy. Facing with this situation, we are of the view that the Ops are liable to refund the amount of Rs.10,155/- which the complainant had paid as premium for the purchase of the first policy alongwith interest. The Ops are also liable to compensate the complainant for the mental agony and physical harassment caused to him alongwith the cost of litigation.
9. In view of the aforesaid discussion, we allow the complaint and direct the Ops in the following manner:
- To refund the amount of Rs.10,155/- alongwith interest @7% per annum from the date of deposit till realization;
- To pay Rs.7000/- as compensation for causing mental agony and physical harassment to the complainant;
- To pay Rs.5000/- as cost of litigation.
The OPs are further directed to comply this order within a period of 45days from the date of the receipt of the certified copy of this order. The certified copies of this order be sent to the parties free of cost under the Rules. Thereafter, file be indexed and consigned to the Record Room.
ANNOUNCED
DATED:5.4.2017
NEENA SANDHU
PRESIDENT
NEELAM GUPTA
MEMBER
