DISTRICT CONSUMER DISPUTES REDRESSAL FORUM<br /> Civil Station, Palakkad – 678 001, Kerala<br /> <br /> Dated this the 15th day of January, 2008<br /> <br /> Present: Prof.O.Unnikrishnan, President I/C<br /> Mrs.K.P.Suma, Member<br /> <br /> C.C.No.55/2007<br /> C.K.Sukumaran,<br /> S/o.Late T.K.Padmanabhan Nair,<br /> Lakshmi Nilayam,<br /> Bungalowkunnu,<br /> Ezhakkad, Palakkad. - Complainant <br /> <br /> (Represented by Adv.A.V.Ravi)<br /> <br /> Vs<br /> <br /> 1.M/s.Bajaj Allianze,<br /> Bajaj Allianze Life Insurance Co. Ltd.,<br /> 3rd Floor, Rams Arcade,<br /> Photostat Building<br /> Padma Junction,<br /> M.G.Road, Kochi – 35.<br /> <br /> (Represented by Adv.Nazeera.S)<br /> <br /> 2.M/s.Allegrovision,<br /> Opp. Balkies Theatre,<br /> Malampuzha Road,<br /> Olavakkode, Palakkad.<br /> <br /> 3.Suresh.V.S,<br /> Villiamkad,<br /> Kinavallur.P.O,<br /> Palakkad – 678 615.<br /> <br /> (Represented by Adv.N.Rajesh) - Opposite parties <br /> <br /> O R D E R<br /> <br /> By Mrs.K.P.Suma, Member<br /> <br /> The complainant herein is employed as a school teacher. The complainant alleges that opposite parties have approached him for taking a life insurance policy and on believing their words, complainant has taken a life insurance policy on 03.08.06, by paying an amount of Rs.10,000/- to opposite parties towards premium. According to the complainant, opposite parties have made him believe that the policy will be covered with effect from the date of payment itself. It is submitted in the complaint that opposite parties had issued the said policy commencing from 20.09.06 instead of 03.08.06 and thereby an inordinate delay of 47 days had been caused for the coverage of the policy. Complainant alleges that opposite party have acted against their promise at the time of effecting the payment towards the policy and opposite parties have misappropriated an amount of Rs.10,000/- for a period of 47 days for their unlawful gains and thereby he lost the benefits of the above said policy for a period of 47 days. It is alleged that the above acts of opposite parties amounted to deficiency of service and unfair trade practice. Complainant further submits that opposite parties are liable to provide insurance coverage of insurance on the payment date itself. Having aggrieved by the act of opposite parties the complainant had approached before the forum and filed this complaint seeking an order directing the opposite parties to pay interest @ 12% p.a from 03.08.06 to 20.09.06 along with Rs.5,000/- as compensation for the mental agony suffered by him and also to pay the costs of this proceedings.<br /> <br /> Complaint was admitted and notices were issued to the opposite parties for their appearance. But the notice to 2nd opposite party returned unserved. <br /> <br /> 1st and 3rd opposite parties entered appearance but filed no version. Substitute service was carried against 2nd opposite party. 2nd opposite party failed to appear before the forum hence called and set ex-parte.<br /> <br /> The complainant filed proof affidavit along with documents. Exbts.A1 and A3 were marked. The matter was heard.<br /> <br /> We have perused the affidavit as well as documents on record. It is obvious from Exbt.A1 that the policy commences from 20.09.06 itself. But it is noticed from Exbt.A2 and the proof affidavit of the complainant that the premium amount of Rs.10,000/- was paid on 03.08.06. the opposite parties have not produced any contra evidence to disprove the above mentioned fact. Hence there is no reason to disbelieve the contention of the complainant that he had paid the premium amount on 03.08.06. But the policy was issued with effect from 20.09.06 after a delay of 47 days. It is viewed that the said act of opposite parties amounted to deficiency of service on their part. Hence we are inclined to allow this complaint.<br /> <br /> Hence we direct the opposite parties jointly and severally to pay an amount of Rs.150/- (Rupees One hundred and fifty only) being the interest @12% p.a from 03.08.06 to 20.09.06 (for 47 days) along with Rs.100/- (Rupees One hundred only) as compensation for the mental agony suffered by the complainant and to pay Rs.100/- (Rupees One hundred only) towards costs of this proceedings. The opposite parties shall pay the whole amount of Rs.350/- (Rupees Three hundred and fifty only) within a period of one month from the date of communication of this order failing which complainant is entitled to get 9% interest p.a from the date of order till realisation.<br /> <br /> <br /> Pronounced in the open court on this the 15th day of January, 2008 <br /> Sd/- <br /> Prof.O.Unnikrishnan, President I/C <br /> <br /> Sd/-<br /> K.P.Suma<br /> Member<br /> <br /> Appendix<br /> Exhibits marked on the side of complainant <br /> Exbt.A1 – Copy of the policy (verified with original)<br /> Exbt.A2 (Series) – Copy of registered lawyer notice with postal receipt and acknowledgement<br /> Exbt.A3 – Unserved notice addressed to 2nd opposite party <br /> Exhibits marked on the side of opposite parties <br /> Nil<br /> <br /> Costs (allowed)<br /> Rs.100/- (Rupees One hundred only)