Delhi

New Delhi

CC/135/2016

Asha Sahni - Complainant(s)

Versus

Bajaj Allianz Life Insurance Co. Ltd. - Opp.Party(s)

18 Jan 2019

ORDER

 

 

 

                                     CONSUMER DISPUTES REDRESSAL FORUM-VI

                                     (DISTT. NEW DELHI),

                                 ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

                                                                                NEW DELHI-110001

 

            Case No.C.C.135/2016                                                                                              Dated:

            In the matter of:

Asha Sahni,

R/o 1/54, Sadar Bazar,

Delhi Cantt.,

New Delhi-10.

                 ……..COMPLAINANT

VERSUS

 

              Bajaj Allianz Life  Insurance Co. Ltd.

              B Block Connaught Circus,

              New Delhi-110001.

 

Opposite Party.

 

                

NIPUR CHANDNA, MEMBER

ORDER

       

The complainant has filed the present complaint against the OPs under section 12 of Consumer Protection Act, 1986, for getting the interest on the maturity amount released by the OP. The brief facts as alleged in the complaint are that the complainant was the holder of the  Policy No.0128734080 issued on 25.6.2009 to be matured on 26.6.2014 with a yearly premium of Rs.99,000/-.  It is alleged on behalf of complainant that due to financial crisis, she paid premium of Rs.99,000/- for first 3 years, Rs.6,000/- for fourth year and failed to pay any amount in fifth year, as such, she paid total sum of Rs.3,03000/-  to the OP. 

2.     On 26.6.2014, she visited the office of the OP surrendered the policy in question and requested the OP to release the matured amount to her.  OP refused to release the whole amount to her and stated that only 33% of the matured amount would be released to her and rest 67% would be kept in annuity which was paid by way of pension to her till her death.  It is submitted that she requested OP to release the entire matured amount as she was in urgent need of the same, but OP after the continuance pursuance released the same to her after a delay of 13 months from the due date. It is further submitted that she is entitled for interest @ 18% on the maturity amount of Rs.4,13,431/- for the period from June 2014 to July 2015 as well as for harassment and compensation to the tune of Rs.25,000/-, hence this complaint.

3.     Complaint has been contested by the OP.  In its written statement, OP denied any deficiency in service on its part.  It is stated on behalf of OP that in response to the complainant’s letter dated 8.6.2015, the OP paid a sum of Rs.4,13,406/- through NEFT on 6.7.2015, hence, there was no delay on the part of OP in  releasing the maturity amount and further prayed that the relief claim cannot be granted in terms of the payment made by the OP. 

4.     Complainant has filed his evidence by way of affidavit wherein he has corroborated the contents of his complaint.  On the other hand, on behalf of OP, Rajender Singh Kalsi, Zonal Manager, Legal has filed his evidence by way of Affidavit.  

5.     We have heard argument advanced at the Bar and have perused the record.

6.     Perusal of the file shows that vide letter dated 28.7.2014.  For the first time, complainant requested the OP Co. to release the maturity amount but the same was released by the OP Co. through NEFT on 6.7.2015.  The complainant was asked to run from pillar to post to get her maturity amount released which was evident through numbers of communications exchanged between the parties placed on record by the complainant.  Admittedly, the OP Co. under one pretext or other withheld the maturity amount i.e. Rs.4,13,406/- for a period of approx. one year and released the same on 6.7.2015, which amounts to deficiency in services on its part.   We therefore hold, OP guilty of deficiency in services and direct it as under:

1. Pay to the complainant 6% interest on the released amount Rs.4,13,406/- w.e.f. 28.7.2014 to 6.7.2015.

 

2. Pay to the complainant a sum of Rs.5,000/- toward compensation for pain and  mental agony suffered by her which will include cost  of litigation.

 

The order shall be complied with within 30 days of the receipt of the copy of the order. If the said amount is not paid by the OP within a period of one month from the date of receipt of this order, the same shall be recovered by the complainant along with simple interest at the rate of 9% per annum from the date of this order till recovery of the said amount. This final order be sent to server (www.confonet.nic.in ). A copy each of this order each be sent to both parties free of cost by post.

         Announced in open Forum on 18/01/2019. 

 

 

 

                     (ARUN KUMAR ARYA)

                                  PRESIDENT

                               (NIPUR CHANDNA)                                                  (H M VYAS)

                                     MEMBER                                                                MEMBER