Before the District Consumer Disputes Redressal Commission, Rohtak.

                                                          Complaint No. : 291.

                                                          Instituted on     : 25.06.2018.

                                                          Decided on       :23.06.2021.

Neha Minocha age 28 years d/o Sh. Amar Nath Minocha resident of 557/25, Patel Nagar, Rohtak.   

                                                          ………..Complainant.

                             Vs.

1. Bajaj Allianze Life Insurance Company Ltd., through its Branch Manager, Branch Office, 1^st Floor Dalal Complex Near Raj Motors, Delhi Road, Rohtak, District-Rohtak, Haryana, Rohtak, Haryana-124001.
2. Bajaj Allianze Insurance Company Ltd., Head Office, 1^st Floor, G.E Plaza. Airport Road, Opposite Gunjan Theatre, Yerawada, Pune- 411006  through its Manager.

……….Opposite parties.

COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.

BEFORE:  SH.NAGENDER SINGH KADIAN, PRESIDENT.

                   MS. TRIPTI PANNU, MEMBER.

Present:       Sh.Neeraj Sikka, Advocate for the complainant.

                   Sh. Gulshan Chawla, Advocate for opposite parties.

                                      ORDER

NAGENDER SINGH KADIAN, PRESIDENT:

1.                Brief facts of the case are that the complainant was policy holder under the scheme of opposite parties having policy no.0131262105. Due to some reasons, the policy was required to be surrendered and on 10.07.2017 the opposite parties were intimated and under query no.67716803 dated 10.07.2017, the net surrendered value is Rs.205209/-. As per the detail of bank, only an amount of Rs.176631/- has been deposited by the opposite parties against the amount of Rs.205209/- after deducting the amount of Rs.28578/- without any intimation etc.  The complainant requested the opposite parties through customer care no. and emails etc. to pay the deficient amount of Rs.28578/- but to no effect. The act of opposite parties is illegal and amounts to deficiency in service. Hence this complaint and it is prayed that opposite parties may kindly be directed to pay a sum of Rs.28578/- alongwith interest, compensation and litigation expenses to the complainant as explained in relief clause.

2.                After registration of complaint, notice was issued to the opposite parties. Opposite parties appeared and filed its written reply and has submitted that as per proposal form submitted by the complainant, the policy no.0131262105 dated 01.08.2009  for the policy term 25 years  for sum assured Rs.220000/- was issued to the complainant. It is further submitted that an application for surrender of the policy was received in the office of the answering respondent at Rohtak on 10.07.2017. The surrender request was forwarded to the head office, Pune, subject to terms and conditions. The surrender request was processed and the payment was credited in the account of the complainant, being maintained by her in PNB bearing account no.7602000400005525 for an amount of Rs.176631/- on  28.07.2017.  It is wrong and denied that any short amount has been made as alleged. It will be pertinent to mention here that there can be decrease or increase in the account value/surrender value/maturity value on the date of acceptance of the surrender request. It is denied that answering opposite party ever assured for making payment of Rs.28578/- for any span of time, as alleged. All the other contents of the complaint were stated to be wrong and denied. Complainant is not entitled for any relief and compensation as prayed for and it is prayed that the complaint may kindly be dismissed with costs.

3.                Ld. counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C2 and has closed his evidence on dated 24.2.2020. Ld. counsel for the OP has tendered affidavit Ex.RW1/A and documents Ex.R1 to Ex.R4 and has closed his evidence on dated 03.09.2019.

4.                We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.

5.                In the present case           the grievance of the complainant is that she made request for surrender of policy on 10.07.201, the net surrender value on that date was Rs.205209/- but the opposite party has unnecessarily deducted the amount of Rs.28578/- from the alleged amount and has only paid Rs.176631/- to the complainant.  In this regard we have observed that complainant made surrender request on 10.07.2017 and surrender request acknowledgement letter Ex.C2 was sent by the opposite party to the complainant on the same date i.e. 10.07.2017 and on that date, the AMV value is Rs.219721.80/- and after deducting the surrender penalty of Rs.12298.81 and GST/Service Rs.2213.79, the net surrender value comes to Rs.205209.2/-. As per respondent version in column of disclaimer given in Ex.C2: “The Surrender/Maturity value on the basis of which your request shall be processed may be subject to revision at the time of final verification of the request. The company reserves the right to make necessary corrections to remove any inadvertent errors and make payment of surrender/Maturity value in accordance with policy terms”. But the surrender application dated 10.07.2017 was the final request made by the complainant and thereafter respondent has issued final surrender value of Rs.176631/- on 27.07.2017 which was credited in her account as shown in Ex.C1.  But opposite party has not given any detail of deducting the amount of Rs.28578/- from the alleged assessment made in Ex.C2. As per Ex.R3, upon first page of this document AMV on dated 25.07.2018 is Rs.190272/- and at 2^nd last page, the last entry is upto 01.02.2017 and value is same i.e. Rs.190272/-, whereas the entry should be upto 25.07.2017 when the amount has been transferred in the account of complainant.  The remaining part of the statement i.e. from 01.02.2017 to 25.07.2017 has not been shown. Moreover final calculation sheet as on 25.07.2017 has not been placed on record. Only policy details summary dated 25.05.2018 is placed on record as Ex.R4.   In fact the policy has been surrendered by the complainant on dated 10.07.2017 and some amount has been paid by the respondent to the complainant on dated 25.07.2017 but the above mentioned two documents have been prepared on dated 25.07.2018. Hence the documents Ex.R3 & Ex.R4 are false and fabricated documents, prepared by the opposite party just for their own benefit.  Hence the complainant is entitled for the surrender value as on 10.07.2017 and as such opposite parties are directed to pay the remaining amount of Rs.28578/-(Rs.205209/- less Rs.176631/-)  to the complainant.

6.                In view of the facts and circumstances of the case, we hereby allow the complaint and direct the opposite parties to pay Rs.28578/-(Rupees twenty eight thousand five hundred and seventy eight only) alongwith interest @ 9% p.a. from dated 25.07.2017 till its realsiation to the complainant. Opposite parties are further directed to pay a sum of Rs.10000/-(Rupees tem thousand only) as compensation on account of deficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant. Order shall be complied within one month from the date of decision.

7.                         Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.

Announced in open court:

23.06.2021.

                                                         ................................................

                                                          Nagender Singh Kadian, President

                                                          ……………………………….

                                                          Tripti Pannu, Member.