Complainant present in person
Opponent through Adv. Mr. Ganu
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Per : Mr. V. P. Utpat, President Place : PUNE
// J U D G M E N T //
(31/05/2013)
1] This complaint is filed by the insured person against the Insurance Company for deficiency in service. It is the case of the complainant that, she has obtained Unit Linked Policy on 29/12/2006. The Company lapsed her policy for three months without any fault of the complainant; as the funds were available in the account of the complainant but these were not collected by the opponent. She has transferred her bond fund to equity fund on 9/6/2006. The initial premium of the policy was Rs. 2,00,000/-. She had paid 2 premiums for the year 2006 and 2007, but for the third year she has changed mode of payment from yearly to monthly premium of Rs. 1667/- p.m. But again the opponent lapsed her policy without intimation. Thus due to the negligence of the opponent, the complainant has sustained loss in policy to the tune of Rs. 2,27,000/- . She has claimed compensation for mental harassment to the tune of Rs. 1,00,000/-
2] The complaint is resisted by the opponent by filing written statement. The opponent has denied the contentions of the complaint in toto. According to the opponent, they have acted as per the instructions given by the complainant. It is flatly denied that there is deficiency in service and the complainant has sustained loss of Rs. 2,27,000/-. The opponent has prayed for the dismissal of the complaint.
3] After scrutinizing the documentary evidence, which is produced before this Forum, hearing the arguments, as well as perusing written arguments of both the parties and considering pleadings, the following points arise for my determination. The points, findings and the reasons thereon are as follows-
Sr.No. | POINTS | FINDINGS |
1. | Whether complainant has proved that the opponents have caused deficiency in service? | In the affirmative |
2. | What order? | Complaint is partly allowed |
REASONS :-
4] During the course of the argument, it is admitted by the complainant that she has surrendered the disputed policy and she had received the amount, which was invested by her. Now the claim of the complainant is restricted only up to the compensation as regards mental and physical sufferings. It reveals from the record that the complainant had invested huge amount with the opponent, but she had not received
profit as per her expectations. Hence she had filed complaint against the opponent in the Consumer Forum. The dispute between the parties is going since 2009 and ultimately the complainant was constrained to surrender the policy and she had surrendered her policy due to mental and physical sufferings, which was given by the opponents. The litigation is pending for more than three years. The dispute between the parties is lingering for four years. In such circumstances, the complainant is entitled for compensation on the ground of mental and physical sufferings to the tune of Rs. 10,000/-. She is also entitled for cost of the proceedings to the tune of Rs. 2,000/-. In the result, I answer the points accordingly and pass the following order
** ORDER **
1. The complaint is partly allowed.
2. It is hereby declared that the Opponents
have caused deficiency in service.
3. The opponents are directed to pay an
amount of Rs.10,000/- (Rs. Ten Thousand
only) towards compensation and an amount
of Rs. 2,000/- (Rs. Two Thousand only) towards
cost of the proceedings, to the complainant,
within four weeks from the date of receipt of
copy of this order.
4. Copy of order be supplied to both the
parties free of cost.
