Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member (F)
(3) Anil Kumar Singh
Member
Date of Order : 30.05.2018
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to pay Rs. 3,93,750/- as compensation to the complainant for inconvenience, loss harassment and mental tension suffered by them due to deficiency in services on the part of opposite parties and frustration in pursing the matter with the parties.
- To direct the opposite parties to consider and dispose of the application dated 11.07.2016 by reasoned and speaking order.
- To direct the opposite party to pay Rs. 20,000/- as litigation costs.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that after proper verification of the documents etc. the proposal form of the complainant was accepted by opposite parties and policy document was issued vide annexure – 1. The complainant has been paying the premium under the policy till year 2015 without any interruption and thus he has totally paid Rs. 1,25,000/-. Complainant visited the branch office of Aviva Life Insurance Company (opposite party no. 1) to know about the present status of his insurance but he was informed that his policy has been terminated. The complainant then lodged the complaint with the manager (opposite party no. 2) but nothing happened. Thereafter when he lodged the complaint on toll free no. of opposite party no. 1 then complainant was informed that his complaint has been registered bearing no. 00860587. He was assured that his grievance will be redressed shortly but till date nothing happened. Complainant has stated that he is ready to follow all the condition for revival of the policy and for this purpose he has sent an application to opposite party no. 1 vide annexure – 2.
At the time of hearing of this case the learned counsel for the complainant Amit submitted that he wants to restrict his prayer mentioned in Para – 15(b). he also submitted to dispose of this case after passing the order with respect to the prayer made in Para – 15(b) of this complaint petition.
Heard and perused the record of this case in the light of the aforementioned submission of the learned counsel for the complainant.
This case was admitted on 16.11.2016 and uptill now it is pending because the notice has not been served on the opposite party uptill now.
Before passing order as per submission of the learned counsel for the complainant we think it proper to mention prayer contained in Para – 15(b) which is as follows, “to direct the opposite parties to consider and dispose of the application dated 11.07.2016 by reasoned and speaking order.”
It goes without saying that the complainant has asserted that insurance policy was issued in his favour as per annexure – 1. The complainant has further asserted that he continued to pay premium of the policy regularly but his policy stands terminated without assigning any reason and even his application contained in annexure – 1 has not been disposed according to law.
We are of the view that complainant has right to know the reason for termination of his policy and the opposite parties are under obligation to inform him about the reason of termination so that complainant can take further stapes in this respect provided under the law.
For the reason stated above we direct the opposite parties to dispose the application dated 11.07.2016 filed by the complainant ( vide annexure – 2 ) by reasoned order in accordance with law and inform the complainant and communicated copy of the same to the complainant within the period of two month from the date of receipt of this order failing which opposite parties will pay Rs. 50/- per day as fine until the reasoned order is passed and communicated to the complainant.
It is clarified that if the copy of annexure – 1 is not available or missing in the office of opposite parties then within the same period referred above the opposite parties may obtain the copy of aforesaid annexure – 2 from the complainant for complying the direction of this forum referred above.
With the aforesaid direction this complaint petition stands disposed of.
Member Member (F) President
