Date of filing : 26-12-2013
Date of order : 22-07-2016
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.309/2013
Dated this, the 22nd day of July 2016
PRESENT:
SMT.P.RAMADEVI : PRESIDENT
SMT.SHIBA.M.SAMUEL : MEMBER
Mannakkan Sumeshan, S/o. M.K. Velyaudhan, : Complainant
R/at Weavers Street, Nileshwar.Po.
Kasaragod.Dt. 671314.
(Adv.K.Shrikanta Shetty, Kasaragod)
1 Aviva life Insurance Co.India Ltd, : Opposite parties
Complaint Redressal Officer(CRO) Aviva Tower,
Sector Road, Opp. Golg Course, DLF- Phase V,
Sector 43, Gurgaon. 122 003.
2 Aviva Life Insurance Co. India Ltd, Ashirvad Towers,
Plot No.2, Old No.182, 3rd Floor, Kodambakam High Road,
Nugambakam, Chennai. 600034.
3 Aviva Life Insurance Co. India Ltd, 2nd Floor,
City Mall Building, Y.M.C.A, Kannur Road, Calicut.673001
4 Aviva Life Insurance Co. India Ltd, 2nd Floor, Grand Plaza,
Fort Road, Kannur.
(Ops 1 to 4 Adv. Madhavan Malankad, Kasaragod)
O R D E R
SMT.SHIBA.M.SAMUEL, MEMBER
The gist of the complainant’s case is that he is a regular customer of opposite parties under different policy obtained by him. One of the agent of the opposite parties advised him to join for Freedom Life Plan of the opposite parties company wherein as per the assurance of the opposite parties agent that the complainant will get S.80D exemption. Hence only for the purpose of S-80D exemption the complainant have consulted the Manager of opposite party No.4 and joined for the insurance policy by paying an amount of Rs.15,000/-. The complainant used to receive eligibility certificate for the benefits of S.80D of IT Act from opposite party No.4 on 2011 and 2012 which are duly submitted to the I.T department. But thereafter opposite party No.4 denying to issue eligibility certify to the complainant without clarifying the reason and the act of the opposite parties amounts to deficiency in service and hence the complaint.
2. Opposite party appeared and filed version by stating that the complainant mis-conceived and made baseless allegations against the opposite parties. As per the terms of the policy within the free look period of 15 days, the insured is entitled for a review and cancel it. The complainant joined for the policy after completely understanding the terms and conditions of the policy. The complainant had paid regular instalments and opposite parties issued receipts which does not mention about any benefit under Income tax Act. Opposite party vehemently contended that, they never misguided the complainant or deposed the tax exemption benefit. The complainant is not entitled for any relief since there is no merit in the complaint.
3. Complainant filed proof affidavit in lieu of his chief examination and Exts A1 to A8 were marked on his side and opposite parties represented that he has no oral evidence to adduce and Exts B1 to B4 were marked on their side. Evidence analyzed and documents perused.
3. The complaint is only for why the opposite parties not issuing the certificate U/s 80D of Income Tax Act to the complainant after financial year 2012-2013. The complainant joined Freedom Life Plan of the opposite parties only for the purpose of S.80D exemption. Ext.A5 is the policy issued to the complainant which was commenced from 31-03-2009. The complainant used to receive eligibility certificate for the benefits of S.80 D of Income Tax Act 1961 for opposite party No.4 on 21-12-2011 and 12-4-2012 and duly submitted the same to the IT Department and these certificates are marked as Exts A6 and A7. Therefore the opposite parties denied to issue eligibility certificate for availing exemption. The reason is not clarified so far by anybody. Therefore the complainant caused to sent a registered lawyer notice dated 6-10-2013 to opposite parties 2,3 & 4 respectively and that notice is marked as Ext.A1 and its postal acknowledgement of opposite parties, 2,3 and 4 are the Exts.A2 to A4. Eventhough the opposite parties received the notice but not send any reply for the same and the non-issuance of the tax exemption certificate amounts to deficiency in service. Even before the Forum, opposite parties failed to give a specific reason for denial of issuance of certificate to the complainant. The opposite parties misguided the complainant and issued the tax exemption for the initial 2 years. Therefore the complainant is entitled for necessary relief from us.
In the result, the complaint is allowed and directing the opposite parties jointly and severally to issue certificate under Section 80 D of IT Act for the year 2013-14 and subsequently till the maturity of the policy ref.No.AFL 2385215. The opposite parties are further directed to pay an amount of Rs.10,000/- as compensation with cost of Rs.3000/- to the complainant. Time for Compliance is 30 days from the date of receipt of copy of order.
Sd/- Sd/-
MEMBER PRESIDENT
Exts.
A1.6-10-13 Copy of lawyer notice.
A2. to A4 Postal acknowledgement cards
A5. Copy of Policy document
A6. Copy of Premium Payment Certificate.
A7. Premium statement for the period 31-Ma4-09 to 21-Dec.11
A8. Postal acknowledgment card
B1. Copy of Freedom Life Plan
B2. Proposal form.
B3.Copy of Standard Terms & Conditions.
B4. Copy of premium statement for 3-2-2009 to 5/2014
PW1. Sumeshan Mannakkan.
DW1.Sumeshan Mannakkan.
Sd/- Sd/-
MEMBER PRESIDENT
Pj/ Forwarded by Order
SENIOR SUPERINTENDENT
