Complaint No: 467 of 2018.
Date of Institution: 20.11.2018.
Date of order: 08.09.2023.
Sucha Singh Son of Durga Singh, resident of Village Kalichpur, Tehsil and District Gurdaspur.
.....Complainant.
VERSUS
- Bajaj Allianz Life Insurance Company Limited, Branch Office at Second Floor, Kalyan Building, Dalhousie Road, Pathankot, Tehsil and District Pathankot, through its Branch Manager. Pincode - 145001
- Bajaj Allianz Life Insurance Company Limited, Plot No. 271, Industrial Area, Phase No. 11, Panchkula (Haryana), through its Area Manager/Authorized Signatory.Pincode- 134107
….Opposite parties.
Complaint Under section 12 of the Consumer Protection Act.
Present: For the Complainant: Sh.Uttam Raj Sharma, Advocate.
For the Opposite Parties: Sh.Varun Gosain, Advocate.
Quorum: Sh.Lalit Mohan Dogra President, Sh.Bhagwan Singh
Matharu, Member.
ORDER
Lalit Mohan Dogra, President
Sucha Singh, Complainant (here-in-after referred to as complainant) has filed this complaint under section 12 of the Consumer Protection Act, (here-in-after referred to as 'Act') against Bajaj Allianz Life Ins. Co. Ltd. Etc. (here-in-after referred to as 'opposite parties).
2. Briefly stated, the case of the complainant is that the complainant purchased Cash Gain Economy Policy bearing No. 0280496204 from OP’s on 08.09.2012 for the sum assured of Rs.1,09,000/-. The Half Yearly installment of the Policy is Rs.6, 054/-. The maturity date of Policy is 07.09.2027. It is further pleaded that at that time, the office of the OP’s was present at Jail Road, Gurdaspur, but now the OP’s have wind up their office from there and shifted it to Pathankot i.e. OP No. 1. It is further pleaded that complainant is continuing paying the installment of the above said Policy and as per the terms and conditions of the policy, the complainant has to receive Rs.10, 900/- as money back in the month of September, 2015. It is alleged that the OP’s has not paid the above said amount to the complainant, although complainant many times approached to the OP’s and requested the OP’s to pay the amount of Rs.10,900/- to the complainant, but the OP’s put the matter pending with one pretext or the other and has not paid the same to the complainant so far. It is further alleged that in the first week of November, 2018, the complainant approached to the OP No. 1 and requested the OP No. 1 to pay the amount of Rs.10,900/- to the complainant, but the OP No. 1 refused to pay the same. It is further pleaded that due to this illegal act and conduct of the opposite parties the complainant has suffered great loss and also suffered mental agony, Physical harassment and inconvenience as such there is a clear cut deficiency in service on the part of the opposite parties.
On this backdrop of facts, the complainant has alleged deficiency and negligence in service and unfair trade practice on the part of the opposite parties and prayed that necessary directions may kindly be issued to the opposite parties to pay the amount of Rs.10,900/- to the complainant as money back amount in the Policy hearing No. 0280496204 along with interest at the rate of 24 % Per Annum from the date of due till its realization and also issued direction to the opposite parties to pay the compensation for illegally harassment by the opposite parties to the complainant and also mental agony or any other relief may be granted to the complainant as this Hon'ble Commission deem fit, in the interest of justice.
3. Upon notice, the opposite parties appeared through counsel and contested the complaint and filing their written reply by taking the preliminary objections that at the very outset the opposite parties denies all the averments and contentions made by the complainant/Policy Holder ( here in after called as PH) in complaint except those, which are specifically adverted to and admitted herein, that contrary to the stand taken by the complainant/PH for non-performance/deficiency in service, the OP’s claims this opportunity to apprise the Hon’ble Court of the fact that complainant had submitted its duly signed proposal form after fully understanding & deliberating upon the terms and conditions of the policy concerned. It is further pleaded that terms and conditions of the policy are in strict adherence to norms set by IRDA and were duly communicated to the complainant. It is further pleaded that OP’s has taken all the necessary precautions and has kept the complainant adequately informed of his policy terms and obligations, it is humbly submitted before this Hon'ble Court that the complainant has termed their negligent and callous acts, as non-performance/deficiency in service by the OP’s, that no cause of action ever arose to the Complainant to file the present case. It was submitted that the OP’s has acted strictly on the basis of the terms and conditions contained in the policy. It is further pleaded that present case has been filed by the complainant with the mala-fide intention, which is abuse of process of Law and hence, the present complaint is liable to be dismissed and the complaint does not fall under the purview and Jurisdiction of this Hon'ble court as the mere reading of the complaint filed by the complainant makes it very clear that the complaint was filed for the recovery of the amount , so paid under the Policies, which were purchased by him , without any pressure as per his own sweet will and nothing more than that and as such , this Hon’ble Court has no jurisdiction to try and decide the present complaint of the complainant. It was submitted that the relief sought in the present complaint is in violation of the terms and conditions contained in the policy. It is further pleaded that terms and conditions are the base of the insurance contract and have Paramount importance in the eyes of Law and as such both the parties can neither go nor claim beyond the terms and conditions of the contract, that the complaint of the complainant is not maintainable and the same is time barred. The complainant had not filed the complaint within the limitation as prescribed under the law, that the complainant has approached this Hon'ble court with unclean hands by not disclosing the material facts. It is pleaded that the complainant has concealed the true and correct facts from Hon’ble Commission just to derive illegal financial gains by concocting a false story. It is further pleaded that proposal of the complainant was accepted and a policy bearing No. 0280496204 was issued with date at commencement as 08.09.2012 for sum assured of Rs.1,09,000/-and original policy bond containing express terms and conditions of the policy were sent to the complainant which was duly received by the complainant and receipt of the policy bond was never disputed by the complainant for 6 years. It is further pleaded that the complainant never lodged any complaint regarding non receipt of the policy document with the opposite parties, which clearly indicates that the policy document was duly received by him. It is further pleaded that the allegations leveled by the complainant involves complicated question of law and facts which cannot be adjudicated in the summary trial before this Hon'ble Commission. It is further pleaded that matter needs to be tried in a full scale trial before the Civil Court of competent jurisdiction, thus, the complaint is prima-facie liable to be dismissed. It is further pleaded that the entire story of the complainant was concocted one and afterthought. It is humbly submitted that the alleged amount of Rs.10, 900/- was already paid to the complainant, vide Cheque No.183830, Cheque dated 08.09.2015, which was encashed on 11.09.2015.
On merits, the opposite parties have reiterated their stand as taken in legal objections and denied all the averments of the complaint and there is no deficiency in services on the part of the opposite parties. In the end, the opposite parties prayed for dismissal of complaint with costs.
4. Learned counsel for the complainant has tendered into evidence affidavit of Sucha Singh (Complainant) as Ex.CW-1 alongwith other documents as Ex.C-1 to Ex.C-5.
5. Learned counsel for the opposite parties has tendered into evidence affidavit of Sh.Sahil Aggarwal, (Customer Support Representative, Bajaj Allianz Life Insurance Company Ltd.) alongwith reply.
6. Written arguments not filed by both the parties.
7. Counsel for the complainant has argued that the complainant purchased Cash Gain Economy Policy bearing No. 0280496204 from OP’s on 08.09.2012 for the sum assured of Rs.1,09,000/-. The Half Yearly installment of the Policy is Rs.6, 054/-. It is further argued that complainant is continuing paying the installment of the above said Policy and as per the terms and conditions of the Policy, the complainant has to receive Rs.10, 900/- as money back in the month of September, 2015. It is alleged that the OP’s has not paid the above said amount to the complainant, inspite of the fact that in the first week of November, 2018, the complainant approached to the OP No. 1 and requested the OP No. 1 to pay the amount of Rs.10,900/- to the complainant, which is a clear cut deficiency in service on the part of the opposite parties.
8. Counsel for the opposite party has argued that the complainant was accepted and a policy bearing No. 0280496204 was issued with date at commencement as 08.09.2012 for sum assured of Rs.1,09,000/-and original policy bond containing express terms and conditions of the policy were sent to the complainant which was duly received by the complainant and receipt of the policy bond was never disputed by the complainant for 6 years. It is further in the arguments that the alleged amount of Rs.10, 900/- was already paid to the complainant, vide Cheque No. 183830, Cheque dated 08.09.2015, which was encashed on 11.09.2015 and has given detail of the payment in para no.2 of on marits of the reply.
9. It is admitted fact that the complainant purchased Cash Gain Economy Policy bearing No. 0280496204 from OP’s on 08.09.2012 for the sum assured of Rs.1,09,000/- and the Half Yearly installment of the Policy is Rs.6, 054/-. It is admitted fact that maturity date of Policy is 07.09.2027. It is admitted fact that complainant is continuing paying the installment of the above said Policy and as per the terms and conditions of the Policy, the complainant has to receive Rs.10, 900/- as money back in the month of September, 2015. The only dispite is for adjudication is that opposite parties has pleaded to paid the amount of Rs.10, 900/- to the complainant, vide Cheque No. 183830, dated 08.09.2015, which was encashed on 11.09.2015, but the complainant has denied to receive the same and has placed on record is statement of account which is being marked as Ex C Z and as per this statement of account no such amount of Rs.10, 900/- is received in the account of the complainant, vide Cheque No. 183830, Cheque dated 08.09.2015, which is being alleged to have been encashed on 11.09.2015. on the contrary the opposite parties have although taken a plea in written reply that amount of Rs.10, 900/- was already paid to the complainant, vide Cheque No. 183830, Cheque dated 08.09.2015, which was encashed on 11.09.2015, but the opposite parties have not placed on record and document to prove this fact that payment has in fact been paid to the complainant, as such onus to prove payment was on the opposite parties which they have failed to prove producing any document or statement of account, as such act of the opposite parties of having failed to pay amount of Rs.10,900/- to the complainant on due date amounts to deficiency in service
10. Accordingly, present complaint is partly allowed and opposite parties are directed to pay Rs.10,900/- to the complainant alongwith interest @ 9% P.A. w.e.f. 08.09.2015 till realization of the entire amount. Opposite parties are also directed to pay Rs.2,000/- to the complainant for mental tension, harassment and mental stress and also Rs.1,000/- as cost litigation. Entire exercise will be completed within 30 days from date of receipt of copy of this order.
11. The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases, vacancies in the office and due to pandemic of Covid-19.
12. Copy of the order be communicated to the parties free of charges. After compliance, file be consigned to record room.
(Lalit Mohan Dogra)
President
Announced: (B.S.Matharu)
Sept. 08, 2023 Member
*YP*
