BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.                                                              

                                                          Complaint No.: 151 of 2017.

                                                          Date of Institution: 17.10.2017.

                                                          Date of Order: 10.07.2019.

Om Parkash son of Shri Khem Chand, resident of near Badhwana Gate, Charkhi Dadri, Tehsil & District Charkhi Dadri.

                                                                             ….Complainant.

                                      Versus

1.       Bajaj Allianz Life Insurance Company Ltd., IIIrd Floor, Block No.2 SRI, Shopping Mall old 2/91, New No.258-5, MEYYANUR, New Bus Stand Road, Salem-636004, Tamil Nadu through its General Manager.

2.       Bajaj Allianz Life Insurance Company Ltd., GE Plaza Air Port Road, Yerawada Pune-411006 Maharashtra through its Manager.

3.       Bajaj Allianz Life Insurance Company Ltd., Ist Floor Dalal Complex, Delhi Road, Opposite Libertys Cinema, Rohtak through its Regional Manager.

…...Opposite Parties.

                             Complaint under Section 12 of the

 Consumer Protection, Act, 1986.

Before: -      Hon’ble Mr. Manjit Singh Naryal, President.

                   Hon’ble Mr. Parmod Kumar, Member.

                   Hon’ble Mrs. Saroj Bala Bohra, Member.

Present:       Shri J. K. Saini, Advocate for the complainant.

                   OPs already exparte (defense struck off).

ORDER:-

PER MANJIT SINGH NARYAL, PRESIDENT

                   Brief facts of the complainant’s case are that he has purchased a policy from the OPs on 5.3.2012 and the OPs have issued the policy No.0257728401 on 10.3.2012 and yearly premium amount is Rs.13,250/-, which is to be paid for 15 years.  It is further alleged that Shri Rattan Singh, resident of village Ghasola authorized agent of the OPs had got issued the policy in question in favour of the complainant at Dadri, but now the above agent has expired.  It is further alleged that the policy is for 20 years.  It is further alleged that the complainant has deposited the premium upto year 2017.  It is further alleged that there are 3 Survival benefits in the policy in question and the first survival benefit i.e. 20% of the base sum assured was to be paid by OPs after 5 years of the policy, but they failed in paying the same, despite several oral as well as written requests made by the complainant.  It is further alleged that the complainant has got served a legal notice through his counsel Shri J. K. Saini, Advocate Bhiwani, but to no effect.  Thus, there is deficiency in service on the part of OPs.  Hence, this complaint.

2.                On notice, proxy counsel appeared and filed Vakalatnama of one Shri Varun Kumar Gupta, Advocate. Thereafter, no one appeared on behalf of the OPs and written statement also not filed on behalf of the OPs and the defense of the OPs was struck off vide order dated 30.10.2018 and lateron the OPs were proceeded as exparte vide order dated 11.6.2019.

3.                Ld. Counsel for the complainant has placed on record the documents Annexure C1 to C11 in evidence to prove his version and close the evidence.

4.                We have heard learned counsel for the complainant at length and have gone through the case file carefully.

5.                After hearing the learned counsel for the complainant and having gone through the material available on the records, we are of the considered view that the complaint deserves acceptance, as there is deficiency & unfair trade practice on the part of the OPs.  Complainant has successfully proved his case by placing on record copies of certain documents Annexure C1 to Annexure C11.  From the bare perusal of the policy condition 7 (c) (i), it is clear that the complainant is entitled to get 20% of the Base Sum Assured as a survival benefit at the end of the 5 years, 10 years and 15 years.  It is also proved on record that the complainant has approached the OPs many times with the request to give 20% survival benefit, but the OPs have failed to give the survival benefit to the complainant, which amounts to deficiency in service on the part of the OPs.  It is also proved on the file that the complainant has deposited 5 installments of the policy continuously.  Then in the end the complainant made the last effort to sort-out this grievance and served a legal notice on dated 6.7.2017 through his counsel upon the OPs, but to no effect.  The OPs even failed to file their written statement to rebut the case of the complainant.  It appears that the OPs have nothing to say in this case to controvert the stand taken by the complainant.  Therefore, the stand taken by the complainant remained unchallenged and un-rebutted.

6.                Therefore, in view of the circumstances mentioned above, the complaint of the complainant is partly allowed with costs and the OPs are directed: -

i.        To pay 20% of the Base Sum Assured as a survival benefit along with interest @ 9% p.a. from the date of filing this complaint till its realization.

2. pay Rs.5000/- (Five thousand only) as compensation on account of mental agony, physical harassment and hardship as well as litigation charges.

iii.      To pay Rs. 2000/- as litigation charges. 

The compliance of the order shall be made within 30 days from the date of the order.  Certified copies of the order be sent to parties free of costs.  File be consigned to the record room, after due compliance.

Announced in open Forum.

Dated: 10.07.2019.       

(Saroj Bala Bohra)                    (Parmod Kumar)        (Manjit Singh Naryal)

Member.                         Member.                         President,

                                                                      District Consumer Disputes

                                                                     Redressal Forum, Bhiwani.