In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No. 300 / 2009.
1) Smt. Renu Neotia,
46B, Rafi Ahmed Kidwai Road, 6th Floor, Kolkata-16. ---------- Complainant
---Versus---
1) Aviva Life Insurance Company India Private Limited,
4th Floor, 125/1, Park Street, Kolkata-700017. ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Sharmi Basu, Member
Order No. 26 Dated 25/05/2012.
The petition of complaint has been filed by the complainant Smt. Renu Neotia against the o.p. Aviva Life Insurance Co. India Pvt. Ltd. The case of the complainant in short is that complainant purchased a Life Bond Unit Linked Policy bearing policy no.LFB-1264715 carrying risk since 31.5.06 for a sum assured amounting to Rs.2,50,000/- for 10 years with an agreement for payment of premium for 5 years @ Rs.50,000/- annually. Complainant paid premium in respect of the said policy @ Rs.50,000/- p.a. till 30.6.08 i.e. Rs. 1,00,000/- (one lakh) only.
Complainant further stated that while he was going across the account statement of the said policy dt.31.5.08 she was astonished on finding that there were various undisclosed, unscrupulous, hidden and unfair deduction of amount under various unwanted heads. Thereafter, complainant contacted o.p. for clarification of the position as stated hereinabove.
Thereafter, complainant made correspondences with o.p. complaining in respect of the aforesaid position but complainant did not pay heed to that effect.
In the premises as aforesaid complainant has come forward to this Forum in respect of unfair trade practice and deficiency of service by o.p. and praying for relief as mentioned in the prayer portion of the petition of complaint.
O.p. had entered its appearance in this case by filing w/v and denied all the material allegations labeled against them and admitted that complainant being a Life Bond Unit Linked Policy holder bearing no.LFB-1264715 with a risk commencing from 31.5.06 with o.p. for an annual premium of Rs.50,000/- and complainant was made aware of the salient features of the said policy. Ld. lawyer of o.p. in the course of argument vehemently opposed the petition of complaint stating that the instant complaint case is frivolous and is not sustainable and prayed for dismissal of the case.
Decision with reasons:
We have gone through the pleadings of the parties, evidence and documents in particular. From the evidence of complainant together with the materials on record we do not find any documents acceptable to this Forum filed by o.p. for such deduction and accordingly, we hold that complainant had reasonable grievance and o.p. had sufficient deficiency in the matter of service being a service provider to its consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the petition of complaint is allowed on contest with cost against o.p. O.p. is directed to pay Rs.1,00,000/- (Rupees one lakh) only to complainant as against such deduction as mentioned in the body of the judgment and is further directed to pay compensation of Rs.10,000/- (Rupees ten thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties.
____Sd-_____ ____Sd-____ _____Sd-_____
MEMBER MEMBER PRESIDENT
