Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
Date of Order : 30.08.2016
Smt. Karishma Mandal
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to return the premium amount i.e. Rs. 50,000/- paid by the complainant to opposite party.
- To direct the opposite parties to pay Rs. 50,000/- ( Rs. Fifty Thousand only ) as compensation.
- To direct the opposite parties to pay Rs. 10,000/- ( Rs. Ten Thousand only ) as litigation costs.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that he had taken a policy of Rs. 5,00,000/- on 23.08.2004 and had paid Rs. 50,000/- as premium amount to the opposite party insurance in the plan known as easy life plus unit linked. The policy of the above insurance plan is EPG1109375. It is further case of the complainant that after taking the insurance policy the opposite parties have not provided him the policy bond so that the complainant could not know about the terms and condition of the policy.
It has been further asserted by the complainant that as per terms of the insurance, the complainant has right to review the policy terms and condition within 15 days from the date receipt of policy bond i.e. if complainant wishes to cancel his insurance policy then the company will refund the premium on the date of cancellation after deducting proportionate risk premium etc.
It has been asserted that for the purpose of getting the policy documents the complainant has written several letter to opposite parties including annexure – 3 and 5. The first premium receipt showing deposit of Rs. 50,000/- with the opposite party has been annexed as annexure – 1.
From judicial record it further appears that on behalf of opposite parties first Vakalatnama was filed in 2012 and second Vakalatnama was filed in the year 2014 but no written statement has been filed for the reason best known to the opposite parties. Hence we have no option but hear the case in ex – parte manner.
It is a simple case of the complainant that despite paying the premium of Rs. 50,000/- vide annexure – 1 the opposite parties have not issued policy bond so that the complainant may exercise his option with respect to cancellation of insurance policy within 15 days from the date of receipt of policy bond.
It is needless to say that by not issuing policy bond despite receiving the amount of premium on 23.08.2004 the opposite parties have committed gross deficiency.
It goes without saying that as there is no counter version of the fact asserted by the complainant in complaint petition we have no option but to accept the fact which have been asserted on affidavit.
In view of the facts and circumstances we direct the opposite parties to provide the policy bond to the complainant within the period of two months from the receipt of this order or certified copy of this order.
We further direct the opposite parties to pay Rs. 10,000/- ( Rs. Ten Thousand only ) to the complainant by way of compensation and litigation costs within the period of two months.
Accordingly this complaint stands allowed to the extent indicated above.
Member President
