Complaint No. :601/2008 Filed on : 26/12/2008 Decided on : 01/07/2010 Duration : 01 year 06 months 05 days BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM COLLECTOR OFFICE, ROOM NO. 214, IIND FLOOR, THANE) Mr. M.A.Sukumaran Nair R.No. 207, Sai Baba Co-op., Hsg., Soc., Ltd., Nr. Railway Stn., Ulhasnagar 421004, Dist. Thane. ..Complainant V/s. 1. Bajaj Allianz Life Insurance Co., Ltd., GE Plaza , Ground floor, Air Port Rd, Yerawada, Pune 411 006. 2. Bajaj Allianz Life Insurance Co., Ltd., Aman Arcade, 1st floor, Kalyan Ambernath Rd., Area no.3, Ulhasnagar(West) 421 003. Dist - Thane. ..Opponent
CORUM : HON'BLE PRESIDENT : SAU. SHASHIKALA S. PATIL HON'BLE MEMBER : MRS.BHAVANA PISAL HON'BLE MEMBER : MR. P. N. SHIRSAT Complainant through Adv.M.A.Sukumaran Nair Opposite Party through Adv.V.T.Hundlani J U D G E M E N T (1st JULY 2010) HON'BLE MEMBER : MR. P. N. SHIRSAT 1. This complaint is filed as per section 12 Under Consumer Protection Act 1986 and the brief facts of the complaint are narrated as under:- That the Complainant is the small business man who is carrying on printing press and the Opponent is Insurance company who carries on Insurance business. The Complainant had taken Insurance policy known as “NEW FAMILY GAIN” for the sum insured for Rs.3,00,000/- and the policy no.is 0070725348 for covering risks for his family members for 15 years. The Complainant has paid Rs.25,000/- towards first insurance premium vide chqeue no.133296 dt.27/09/2007 drawn on the The Navjeevan Co-op., Bank Ltd., Ulhasnagar Dist – Thane. The Opponent has acknowledged the premium receipt on dt. 20/10/2007. That the Complainant was ready and willing to pay the second renewal premium as per Opponents notice received in the first week of October 2008. Accordingly the Complainant had visited the office of the Opponent and the Customer Care Centre on dt.13/10/2008 and deposited Rs.25,000/- vide cheque no. 310788 dt.13/10/2008 drawn on The Navjeevan Co-op., Bank Ltd., Ulhasnagar no.3 Dist – Thane. But the Opponent has denied/refused to accept the said premium.The Complainant .. 2 .. has asked for the status report of the said Insurance Policy/premium but the Opponent did not provide the said information to the Complainant Being aggrieved and dissatisfied by the attitude of the Opponent the Complainant has issued legal notice through Advocate alongwith 2nd Insurance premium of Rs.25,000/- which is unreplied so far casuing deficiency/negligency in service. Therefore the Complainant has filed the Complaint stating therein that cause of action is within the financial as well as territorial jurisdiction of this Forum and this Forum is empowered to decide and adjudicate this complaint. The prayer of the Complaiannt is as follows:- 1.Opponent to compensate to the Complainant for Rs.3,00,000/- alongwith 24% interest p.a till its realisation. 2.Opponent to compensate to the Complainant for Rs.2,00,000/- on account of mental and physical loss. 3.Any other relief which may deem fit and proper.
2. The Forum has issued notice to the Opposite Parties vide Exhibit no. 5. Opponent filed application vide Exhibit no.6 for seeking time to file written statement and filed vakalatnama vide Exhibit no.7. The Complainant has filed application vide Ehxibit no.8 for passing as No WS or Ex-parte order as no written statement has been filed by the Opponent so far. The Opponent has filed application for setting aside ex-parte order vide Exhibit no.9 and affidavit vide Exhibit no.10, and field written statement vide Exhibit no.11 and filed affidavit vide Exhibit no.12. The Complainant has filed rejoinder vide Exhibit no.13 and filed affidavit in evidence vide Exhibit no.14. The Complainant has filed written arguments vide Exhibit no.15. The Opponent has filed affidavit in evidence vide Exhibit no.16 and filed written arguments vide Exhibit no. 17.
3. The contention of the written statement and written arguments of the Oponent are as follows : The entire complaint is false, frivolous and vexatious and the same is filed with ulterior motive without any cause of action to extract money from the Opponent. As per para 3 of the written statement the actual annual premium amount of the said policy is Rs.25,000/- but through oversight the Opponent staff has issued the 1st premium receipt for Rs.28,000/- instead of Rs.25,000/- para 4(a) states the Complainant has come to pay the .. 3 .. premium amount of Rs.25,000/- the system of the Opponent was not accepting the said amount and error could not be rectified as earlier there was no entry of Rs.28,000/- in the system. The Opponent has already clearly admitted in their written statement vide para 5 and 6(a) states: That the Opponents are ready to accept the second premium and to give a revival letter of the policy to the Complainant, which would resolve the dispute between the parties and the purpose of the Complainant would be solved.
4. The Complainant has filed the following documents alongwith the complaint namely:- 1)Proposal Form of life Insurance. 2)Policy document. 3)Premium receipt 4)Opponents welcome letter for accepting the scheme 5)2nd premium receipt 6)Enclosed cheque no.310788 dt.13/10/2008 for Rs.25,000/- 7)Acknowledgment receipts 8)copy of legal notice and the rejoinder affidavit and written arguments filed on record by the Complainant. The Opponent has filed application for setting aside the No WS order and filed written statement, affidavit and written arguments on records.
5. We have carefully persued and scrutinised all the submission filed on record. In this complaint the only question arises for our consideration which is as under:- A) Whether the Opponent has committed negligency/deficiency in service towards the Complainant? We answer the above question affirmative for the following reasons:- REASONS A) Explanation: It is crystal clear from the complaint that the Complainant has taken Insurance policy known as NEW FAMILY GAIN for the sum assured for Rs. 3,00,000/- and the policy no.0070726348 covering his family members for 15 years. The Complainant had paid Rs.25,000/- to the Opponent towards insurance premium vide cheque no.133296 dt.27/09/2007 drawn on The Navjeevan Co-op., Bank Ltd., Ulhasnagar no. 4, Dist – Thane. From the above transaction it is proved that there was PRIVITY OF CONTRACT between the parties and also there was CONSIDERATION between the parties. Moreover 2nd instalment of Rs.25,000/- the Complainant has sent vice cheque no.310788 dt.13/10/2008 drawn on Navjeevan Co-op., Bank Ltd. Due to oversight of .. 4 .. the staff of the Opponent the amount was not properly shown on the records. Thats why the Opponent were not ready to accept the same. However the Opponent had clearly admitted in the written statement in para no. 5 and 6(a) stating that the Opponents ARE READY TO ACCEPT THE SECOND PREMIUM AND TO GIVE A REVIVAL LETTER OF THE POLICY TO THE COMPLAINANT WHICH WOULD RESOLVE THE DISPUTE BETWEEN THE PARTIES. From the above it is clear that the Opponent are negligent/deficienct in performing their duties towards the Complainant. The Complainant has prayed for Rs.3,00,000/- and Rs.2,00,000/- towards compensation for the sum assured and for mental harassment/agony but the Complainant has not produced any documentary evidence to that effect. Therefore the said amount cannot be considered. However as the Opponents are deficient/negligent in their services they are bound to compensate the Complainant appropriately by giving the compensation as per order. With this view we pass the following final order. O R D E R 1.Complaint no.601/2008 is partly allowed. 2.Opponent to accept the premium @ Rs.25,000/-(Rs.Twenty Five Thousand Only) and provide the facillites without intruption as per the policy condition. 3.Opponent to pay Rs.5,000/-(Rs.Five Thousand Only) to the Complainant on account of mental harassment/Agony. 4.Opponent to pay Rs.2,000/-(Rs.Two Thousand Only) to the Complainant towards legal fees. 5.Opponent to follow this order within 30 days form the receipt of this order or else penal proceedings shall be initiated. 6.Certified copies be furnished to the parties free of charges.
THANE DATE : 01/07/2010
(SAU. SHASHIKALA S. PATIL) PRESIDENT
(MR. P. N. SHIRSAT) (MRS.BHAVANA PISAL) MEMBER MEMBER | 
