Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
Date of Order : 20.11.2015
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite party for payment of the cost of the case incurred by the petitioner in this case and damage compensation to the petitioner for his mental and physical harassment.
- Brief facts of the case which led to the filing of complaint are as follows:-
The complainant has filed one page Performa from it appears that the complainant has taken Life Insurance Policy for which he has deposited Rs. 15,000/- under single premium deposit with coverage of 1,00,000/-. It appears that complainant has been aggrieved with the conduct of opposite party for the reason that the opposite party have manipulated his Life Insurance Document without his consent. The complainant has prayed to direct the opposite party to hand over single premium policy document ( with details of maturity or return back the invested money with 6% interest).
It appears from the record that after long gap the opposite party have filed written statement denying the allegation of the complainant that they have manipulated the policy document in Para – 5 of the written statement, it has been asserted by the opposite party that they have already issued policy bond in the year 2007 hence there is no question of returning the invested amount of Rs. 15,000/- and there is no provision of refund of any premium amount except the paid up value, claim value or the maturity value.
It has been further asserted that the policy was regular premium policy known as ‘Bajaj Allianz Unit Gain plus Gold.’ The premium term was 10 years and premium amount was Rs. 15,000/- per year, and the sum assured was Rs. 75,000/- and not Rs. 1,00,000/- as asserted by the complainant. However the opposite party have filed second additional written statement in Para – 2 of which the following facts have been asserted “ that on verbal instruction of this learned forum the opposite party had reconsidered the claim of the complainant and paid the claim amount of Rs. 15,000/- with 6% interest as an extra ordinary case an ex – gratia.”
Thus, the prayer made in column – 8 of the aforesaid Performa for filling complaints before the District Forum under the Consumer Protection Act 1986 has been fulfilled and the complainant has already received Rs. 15,000/- with 6% interest as will appear from Para – 3 of second additional written statement as well as record of this case.
Now, the complainant has demanded compensation and litigation costs. It is worth mention that in original Performa for filling this case, no prayer was made for compensation and litigation costs. However complainant has filed a petition later on for granting compensation and litigation costs.
It is needless to say that the opposite party has fulfilled the grievance of complainant by paying Rs. 18,000/- i.e. Rs. 15,000/- with interest of 6% to the complainant, we appreciate the gesture of opposite party.
As the original grievance of the complainant has been fulfilled during the pendency of this case nothing remains to be paid. So far compensation and litigation amount is concerned as the opposite party has paid the entire amount due with interest and this prayer was not made by the complainant at the time of filling of this case, hence we are not inclined to allow the same.
Accordingly, this complaint petition is dismissed.
Member President
