Present: 1. P.K. Sasi, President.
2. Smt.Sheena.V.V., Member.
3. Sri. M.P. Chandrakumar., Member.
29th day of January 2015
C.C.643/13 filed on 30-12-13
Complainant : Vincent E.A., Edakkalathur (H), Nettissery Post, Mukkattukara, Ollukkara, Thrissur.
(By Adv. Sylvester Raphael)
Opposite Parties : 1. Aviva Life Insurance Company India Ltd., Rep. by its
Branch Head, 2nd Floor, Centre Point, M.G. Road,
Thrissur.
2. Aviva Life Insurance Company India Ltd., Rep. by its
Branch Head, 2nd Floor, Swapnil Enclave, High Court
Junction, Ernaklulam.
3. Aviva Life Insurance Company India Ltd., Rep. by its
CEO and MD, Aviva Tower, Sector Road, Opp. Golf
Course, KLF Phase V, Sector 43, Gurgaon, Haryana.
O R D E R
By Sri. P.K. Sasi, President.
The case of the complainant is as follows-
The complainant has canvassed by one of the sales executives of the opposite party company and he has purchased a policy named ‘Life Saver Plus’ vide policy No.ALS1842924. They promised that if he has paid Rs.40,000/- as annual premium for three consecutive years then he will get back Rs.4,00,000/- after 5 years. Believing that promise the complainant purchased the policy and paid Rs.40,000/- each on three consecutive years from 23-1-2008 onwards. Total 1,20,000/- paid at the opposite party company. They also promised hospitalization benefits in addition. On 3-8-12 complainant received a letter and a cheque for an amount of Rs.40,000/- and stating in the letter that opposite party company has closed his policy by Auto-Fore closure. He has purchased this policy believing the company’s reputation and with an anticipation that he can utilize the money after five years for his daughter’s marriage. Later, as per the direction of the opposite parties he submitted the premium discontinuance letters. Subsequently opposite party has sent a letter along with a DD for Rs.40,000/-.When it was understood by the complainant that he was cheated by the opposite parties he sent a notice. They replied with unjustifiable demands. He furnished all the documents the opposite parties demanded. Even then the opposite parties neither returned the promised 4,00,000/- nor Rs.1,20,000/- which amount he has actually paid. Hence this complaint. The opposite parties appeared through a counsel but neither any v filed nor produced any documents even after several chances given. Hence they all set exparte and complaint posted for complainants evidence on 15-1-15.
2. Complainant filed proof affidavit and produced 8 documents and marked as Exts. A1 to A8. There is no counter evidence available from the side of the opposite parties. The Exts. A1 and A2 would go to show that the complainant has purchased a policy and in total he has paid Rs.1,20,000/- as premium also. We have no other way to disbelieve this complaint. Hence the complaint is allowed. The opposite parties are directed to return Rs.1,20,000/- (Rupees One Lakh Twenty Thousand only) with 12% interest from the respective dates of deposits till realization and Rs.10,000/- (Rupees Ten thousand only) as compensation and cost to the complainant within one month from the date of receiving the copy of this order. Opposite party can deduct Rs.40,000/- (Rupees Forty thousand only) which amount they have returned by D.D. if that was encashed by the complainant.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this 29th day of January 2015.
Sd/- sd/- sd/-
M.P. Chandrakumar Sheena V.V. P.K. Sasi
Member Member President
Appendix
Complainant’s Exhibits:
Ext. A1 – Schedule
Ext. A2 –Policy A/c statement
Ext. A3-Payment advice
Ext. A4 – Intimation
Ext. A5- Notice
Ext. A6 – Letter
Ext. A7 – Letter
Ext. A8 - Letter
Id/-
President
