Chandigarh

DF-II

CC/334/2020

Shelly Dhawan - Complainant(s)

Versus

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

Devinder Kumar

09 Jul 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II, U.T. CHANDIGARH

 

Consumer Complaint  No	:	334 of 2020
Date  of  Institution	:	04.08.2020
Date   of   Decision	:	09.07.2021

 

 

 

 

Shelly Dhawan wife of Sh.Anil Dhawan, R/o   H.No.5-B, Sector 36-A, Chandigarh.   

             …..Complainant

 

Versus

1]  Bajaj Allianz Life Insurance Company Limited, SCO No.215-216-217, 4^th Floor, Sector 34-a, Chandigarh through its Branch Manager.

2]  Bajaj Allianz Life Insurance Company Limited, Registered & Head Office; GE Plaza, Airport Road, Yerawada, Pune 411006 through its Managing Director.

   ….. Opposite Parties

 

BEFORE:  SH.RAJAN DEWAN             PRESIDENT

         SMT.PRITI MALHOTRA             MEMBER 

                    SH.B.M.SHARMA                      MEMBER

 

 

Argued by :- Sh.Devinder Kumar, Advocate for complainant

  Ms.Rupali, Advocate for OPs.

 

PER PRITI MALHOTRA, MEMBER

 

        The complainant obtained Policy No.0004079662 (Ann.C-1) from OPs in the name of her minor daughter Yamini and deposited yearly premiums from 2004 to 2019. Per complainant, the OPs were to pay first payout of Rs.81,096.47 against the said policy by March, 2020.  Averred that OPs failed to release the said due amount despite repeated requests and email. Hence, this complaint.

 

2]       The OPs admitting factual matrix of case, stated that OPs have paid a net amount of Rs.82,482/- as first payout on 14.9.2020 by crediting it in the bank account so furnished with the company and the reaming was to be paid on attaining the age of 19, 20 & 21 years respectively (Ann.OP-4). Pleaded that there was a slight delay due to Covid-19 because of closure of office of OPs. Denying other allegations, prayer for dismissal of the complaint has been made.

 

3]       Rejoinder has also been filed by the complainant thereby reiterating the assertions as made in the complaint and controverting that of the OPs as in their reply.

 

4]       Parties led evidence in support of their contentions.

 

5]       We have heard the ld.Counsel for the parties and also perused the entire record.

 

6]       The complaint was filed with the grouse that the amount, which was due for payment under the policy in question on the date of first payout, was not paid till the filing of the complaint. In reply to the complaint raised, the OPs contended that they have already paid the amount due i.e. Rs.82,482/- as first payout on 14.9.2020 vide cheque No.516719, dated 14.9.2020 which has been credited in HDFC Bank Account of the complainant, with admission that the amount in dispute was paid with slight delay on account of pandemic situation due to Covid-19.

 

7]       The complainant vide separate application filed in the complaint denied the receipt of the amount so claimed to have been credited by the OPs.  However, when the case was put up for clarification, thereafter on 30.6.2021, during the course of arguments, it has been recorded that the complainant has received the payment and the counsel for the complainant insisted for the payment of interest, compensation and litigation cost for the delayed payment and for the harassment respectively.

 

8]       As the disputed amount in the present complaint has duly been credited to the account of the complainant, so only issue left for decision is qua interest, compensation and litigation costs to be paid by the OPs.  To our opinion, the amount in question due in March, 2020 was paid with a delay of approximately 6 months, which as per OPs was credited on 14.9.2021.  For such delayed period, the complainant is genuinely entitled for the interest on the payout amount of Rs.82,482/-, which we quantify @9% p.a. from the due date till the date of payment.

 

9]       In view of the above discussion, we partly allow the present complaint with direction to the OPs to pay to the complainant an interest @9% p.a. on the amount of Rs.82,482/- from the date it became due till it has been paid.  We are not imposing any cost or compensation on the OPs taking a lenient view about the pandemic situation due to Covid-19 which hamper the payment in time.

         This order shall be complied with by the OPs within a period of 30 days from the date of its receipt, failing which they shall be liable to pay penal cost of Rs.5,000/- apart from the above relief.

         The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced

9^th July, 2021                                                                                                                                                                           sd/-

(RAJAN DEWAN)

PRESIDENT

 

 

Sd/-

 (PRITI MALHOTRA)

MEMBER

 

 

Sd/-

(B.M.SHARMA)

MEMBER