BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR.

Consumer Complaint No.114/14

Date of Institution:26/02/2014

Date of Decision:06/02/2015  

Amit Kumar son of Shri Manohar Lal, resident of House No.152, Street No.1, Hussainpura (West) Amritsar.

Complainant

Versus

1. The Branch Manager, Bajaj Allianz Life Insurance Company Limited, Ranjit Avenue, Amritsar.
2. Bajaj Alliance Life Insurance Company Limited, G.S.Plaza, Airport Road, Yarvara Pune-411006.
3. Navdeep Singh, Sales Manager, Bajaj Allianz Life Insurance Company Limited, Ranjit Avenue, Amritsar.  

Opposite Parties

Complaint under section 12 and 13 of the Consumer Protection Act.

Present: For the Complainant: Sh.Pardeep Mahajan, Advocate.

              For the Opposite Parties No.1 and 2: Sh.S.K.Vyas, Advocate

              For the Opposite Party No.3: Given up.

Quorum:

Sh.Bhupinder Singh, President

Ms.Kulwant Kaur Bajwa, Member      

Order dictated by:

Sh.Bhupinder Singh, President.

1. Present complaint has been filed by Sh.Amit Kumar under the provisions of the Consumer Protection Act alleging therein that he purchased Life Insurance Policy through Opposite Party No.3 and  paid a sum of Rs.85000/- to Opposite Party No.3 who assured that policy shall be received by the complainant through registered post in the month of March. Later on, Opposite Party No.3 told the complainant that the policy No. 298985711 has been allotted to the complainant. Thereafter, the complainant did not receive the policy cover from Opposite Parties and complainant approached Opposite Party No.1 time and again and requested for handing over original policy cover to him, but the Opposite Party No.1 put of the matter on one pretext or the other and has not handed over the original policy cover to the complainant till date inspite of making specific request to the Opposite Parties from time to time. Complainant alleges that being aggrieved and harassed at the hands of the Opposite Parties, the complainant requested the Opposite Parties vide letter dated 21.5.2013 to return the amount of policy and enclosed his ID proof as well as cancelled cheque with the said letter which was received by the Opposite Party at local office on the same day and query No.42017148 was issued towards the request of the complainant. Inspite of receiving the letter dated 21.5.2013, the Opposite Parties neither handed over the original policy cover nor refunded the amount of Rs.85000/- to the complainant. Thereafter, the complainant had conversation with the representative of Opposite Parties through different e-mails and requested that his money be credited in his account and regarding that a query No. 43198956 dated 11.7.2013 was issued by the Opposite Parties. It was informed by the Opposite Parties that regarding the refund of the policy amount a cheque bearing No.83575 dated 2.7.2013 of an amount of Rs.85020/- of HDFC Bank has already been dispatched to the complainant with POD No.EM3590004371N on 8.7.2013. It was also informed that the said cheque will be delivered at Vinaik Bazar, Jammu. After coming about the above said details, the complainant requested on e-mail that the cheque should be cancelled and amount should not be credited in any one  account as the complainant is a resident of Amritsar and the cheque was to be paid at Jammu. Thereafter, the Opposite Parties informed the complainant vide e-mail dated 12.7.2013 that as per their information, the cheque will be delivered on the said day and once they will receive the undelivered cheque, then they will deposit the amount in the account of the complainant. Thereafter, it was informed by the Opposite Parties that the cheque of refund has already been encashed which was issued towards the policy. Thereafter,  the complainant asked the Opposite Party to provide said details as to in which account the above said cheque had been encashed but the Opposite Party told that the matter  was under inquiry and they would provide the information as and when they receive, vide e-mail dated 24.8.2013. Thereafter, the complainant served a legal notice dated 21.11.2013 for refund of the above said amount which has been illegally detained by the Opposite Party, but no reply has been furnished till date. The complainant has neither received the original policy nor the refund amount. He has not got encashed any cheque issued by Opposite Parties towards the said policy. The complainant has thereafter approached the Opposite Parties and requested to refund his amount aforesaid alongwith interest, but they did not listen him and rather flatly refused.  Alleging the same to be deficiency in service, complaint was filed seeking directions to the opposite parties to refund the amount of Rs.85020/- alongwith interest @ 24% per annum. Compensation and litigation expenses were also demanded.
2. On notice, Opposite Parties No.1 and 2 appeared and filed written version in which it was submitted that in view of exercising the ‘free look option’ by the complainant, the answering Opposite Parties cancelled the insurance policy obtained by him and the cheque for Rs.85020/- bearing No.83575 dated 2.7.2013 was duly dispatched to the complainant on 8.7.2013 by speed post vide receipt No.EM3590004371N at the address mentioned by the complainant in the proposal form  for insurance. Further, as per the records of the Opposite Parties, the said cheque was duly encashed in the account of Amit Kumar through clearing vide transaction made in account No.70350005771 at Jammu Location and therefore, nothing lies in the mouth of the complainant to allege that the refund amount was not received by him under policy No.0298985711 from the answering Opposite Parties. While denying and controverting other allegations, dismissal of complaint was prayed.
3. Complainant tendered into evidence his affidavit Ex.C-1 alongwith documents Ex.C2 to Ex.C17 and closed the evidence on behalf of the complainant.
4. Opposite Parties tendered into evidence the copies of documents Ex.OP1,2/1 to 1,2/7 and closed the evidence on behalf of the Opposite Parties No.1 and 2.
5. We have carefully gone through the pleadings of the parties; arguments advanced by the ld.counsel for the parties and have appreciated the evidence produced on record by both the parties with the valuable assistance of the ld.counsel for both the parties.
6. From the record i.e. pleadings of the parties and the evidence produced on record by the parties, it is clear that the complainant obtained  Life Insurance Policy bearing No. 298985711 by depositing Rs.85000/- as premium, but the Opposite Parties did not issue the policy documents to the complainant. The complainant approached the Opposite Parties so many times for original policy, but the Opposite Parties failed to deliver the policy documents to the complainant. Resultantly, the complainant wrote letter dated 21.5.2013 Ex.C3 to the Opposite Parties for cancellation of the policy and refund of the premium amount. The Opposite Parties received this letter on 21.5.2013 and they also acknowledged the  receipt of this letter vide e-mail dated 21.5.2013 Ex.C4, but the Opposite Parties neither sent the policy documents nor cancelled the policy nor refunded the premium amount to the complainant,  inspite of service of legal notice by the complainant, copy of which is Ex.C6 through registered post, postal receipts of which are Ex.C7 and Ex.C8. Thereafter, the complainant made correspondence with the Opposite Parties through e-mail which are Ex.C9 to Ex.C17. The Opposite Parties informed that they have accepted the request of the complainant and cancelled the policy and sent the refund of the policy amount to the complainant vide cheque bearing No.83575 dated 2.7.2013 of an amount of Rs.85020/- of HDFC Bank which was dispatched to the complainant on 8.7.2013. The complainant submitted that he never received the said cheque from the Opposite Parties nor Opposite Parties have issued any such cheque to the complainant. Ld.counsel for the complainant, therefore, submitted that all this amounts to deficiency of service on the part of the opposite parties.
7. Whereas the case of the Opposite Parties No.1 and 2 is that as per the request of the complainant vide letter Ex.C3, the policy of the complainant was cancelled and cheque for Rs.85020/- bearing No.83575 dated 2.7.2013 was dispatched to the complainant on 8.7.2013 by speed post at the address mentioned by the complainant in the proposal form. Said cheque was duly encashed in the account of Amit Kumar through clearing vide transaction made in account No.70350005771 at Jammu. Ld.counsel for the opposite parties No.1 and 2, therefore, submitted that there is no deficiency of service on the part of the opposite parties No.1 and 2.
8. From the entire above discussion, we have come to the conclusion that the complainant obtained Life Insurance Policy from the Opposite Parties No.1 and 2 i.e. policy bearing No. 298985711 on payment of premium of Rs.85000/-, but the Opposite Parties did not send the  policy documents to the complainant. The complainant approached the Opposite Parties so many times for original policy document, but the Opposite Parties failed to deliver the policy documents to the complainant. Ultimately, the complainant submitted application dated 21.5.2013 Ex.C3 to Opposite Parties, whereby he requested the Opposite Parties that he was not satisfied with the services of the Opposite Party Company and as such, his policy may be cancelled and premium amount may be refunded to the complainant. This application was received by the Opposite Parties on 21.5.2013 and they also acknowledged the  receipt of this letter vide e-mail dated 21.5.2013 Ex.C4, but the Opposite Parties neither sent the policy documents nor refund the premium amount to the complainant and the complainant served legal notice Ex.C6 upon the Opposite Parties through  registered post, postal receipts of which are Ex.C7 and Ex.C8. Thereafter, the complainant made correspondence with the Opposite Parties through e-mail which are Ex.C9 to Ex.C17, but inspite of that, the complainant did not receive the refund amount of the premium paid by the complainant to the Opposite Parties. The Opposite Parties alleged that they accepted the request of the complainant for cancellation of the policy and refunded the amount of premium amount. Resultantly, they sent    cheque bearing No.83575 dated 2.7.2013 of an amount of Rs.85020/- of HDFC Bank to the complainant on 8.7.2013 which has been duly got encashed by the complainant in  account No.70350005771 at Jammu. But the Opposite Parties could not produce any document i.e. letter vide which the aforesaid cheque was issued to the complainant nor the Opposite Parties could produce any cogent evidence regarding the issuance of the said cheque of Rs.85020/- in favour of the complainant nor the Opposite Parties could produce any statement of account of their own account to prove that the said amount of Rs.85020/- has been debited to the account of Opposite Party Company nor the Opposite Parties could produce any statement of account of account No.70350005771 of which bank at Jammu because the Opposite Parties have alleged that said cheque was duly encashed in the account of Amit Kumar through clearing vide transaction made in account No.70350005771 at Jammu nor the Opposite Parties could state the name of the bank of Jammu having aforesaid account in the name of Amit Kumar nor the Opposite Parties could produce any cogent evidence from the alleged bank at Jammu to prove that the said cheque has been got encashed by Amit Kumar in his aforesaid account at Jammu. All this shows that the Opposite Parties have badly failed to prove on record that they ever issued any said cheque of Rs.85020/- to the complainant bearing No.83575 dated 2.7.2013 and the complainant was forced to file the present complaint in this Forum on 26.2.2014 in which the complainant has categorically stated that he did not receive any such cheque from the Opposite Parties. So, the Opposite Parties No.1 and 2 have badly failed to prove on record that they issued any said cheque in favour of the complainant or that said cheque was got encashed by the complainant. Consequently, we hold that the Opposite Parties No.1 and 2 are certainly deficient in rendering service to the complainant.
9. Resultantly, we allow the complainant with costs and the Opposite Parties No.1 and 2 are directed to pay a sum of Rs.85020/- to the complainant alongwith interest @ 9% per annum from the date of filing of the complaint till the payment is made to the complainant. The Opposite Parties No.1 and 2 are also directed to pay costs of litigation to the complainant to the tune of Rs.2000/-. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.

Dated: 06/02/2015.                                                           (Bhupinder Singh)                                                                                                   President

hrg                                                                  (Kulwant Kaur Bajwa)

                                        Member