DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION:  JAJPUR.

Present :        1.    Smt. Susmita Mishra                President,

                                                            2.   Sri Bibekananda Das                I/c Member.

Dated the 16^th day of September 2022.

C.C. Case No. 142 / 2020.

Manas Ranjan Samal,

S/o:- Late Nabaghan Samal,

At:- Udaynathpur,

Po:- Ratalanga, P.S:- Bari Ramchandrapur,

 Dist:- Jajpur.                                                                                                                                                                                                                                                              .  .  .  .  Complainant.

                        Versus.

1. Bajaj Allianz Life Insurance Co. Ltd.,

Near ICICI Bank, Bank Street, Main Road,

Jajpur Road, Dist: - Jajpur.

2. Bajaj Allianz Life Insurance Co. Ltd.,

East Hub, 3^rd Floor, Eco Spanee,

Plot No. 11/F/11 (Old No.AA-11/Blk.2, IT)

Rajar Hat, New Town, Kolkata-7000156

West Bengal.. ...Opp. Parties.

                       Counsels appeared for the parties.      

For the Complainant :-        S  e  l  f.

For the Opp. Parties :-         Mr. Chinmoy Patra, Advocate & Associate.

                                  Date of Order - 16.09.2022.

J  U D G M E N T.

Sri Bibekananda Das, Member.

                        This C.C. Case No. 142/2020 is taken up today for order.  Complainant’s grievance is that Insurance money back amount payable to him was given to someone else other than the complainant.

Brief Facts :-

                        Complainant being a consumer purchased a Bajaj Alianz Money Back Policy in the year 2013 and paid the regular installment and entitle to 20% of basic sum assured after completion of every 8 years.  The complainant assured first money back amount of Rs.40,000/- through Cheque Axis Bank given by the O.Ps and the same was encashed by the complainant.  But surprisingly the O.Ps have issued/paid the second money back amount in the year 2019, the said amount paid by the O.Ps through NEFT to ICICI Bank where the complainant is not having any account in his name.   The same was raised before the O.Ps but they denied that they have already paid (transferred) to the ICICI Bank Account bearing No. 150001505689 which is not the complainant’s account.

Issues :-

1. Whether the complainant is a consumer under the C.P. Act, 2019 ?
2. Whether the C.C. Case has been filed within the prescribed limitation period ?
3. Whether the O.Ps are liable for deficiency in service ?
4. Whether the complainant is entitled to any relief sought for ?

Issue No. 1 :-

                        That, the complainant is a consumer U/s 2 (42) of the C.P. Act, 2019, where the O.Ps rendered services to the complainant relating to Insurance.

Issue No. 2 :-

                         The second money back amount entitle to the complainant on dt. 28.03.2019, a sum of Rs. 40,000/- and the same was not paid and for which the complainant filed the present C.C. Case No. 142/2020 before this Commission  is well within the prescribed limitation period and as such it is maintainable on question of limitation.

Issue No. 3 :-

                        The complainant’s grievances has not been redressal properly relating to payment of money back amount and was paid to someone else other than the complainant.  The O.Ps are doing insurance business as permitted by the IRDA being a watchdog  prescribing rules and regulations  from time to time and the O.Ps are burdened with duties as prescribed by the Insurance Act.  The O.Ps paid the disputed amount of Rs. 40,000/-.  Other than the complainant which prejudiced the complainant a lot which cannot be compensated unless this Commission redressed the same.  The O.Ps have committed deficiency in service by not giving the money back amount to the complainant as per the terms and conditions of the policy.  The Proposal Form shown that the complainant’s bank details in the said Form at the time of entering into agreement the complainant mentioned in No.16  of the Proposal Form that complainant’s Account belongs to Indian Overseas Bank (IOB) vide A/c  No. 262900000005, IFSC Code – IOBA0002629 and the Account type is Savings Bank Account, but the O.Ps  annexed in the written version a cheque belongs to ICICI Bank vide Account No. 150001505689 where the complainant’s name has been typed which is suspicious and the data portion is blank and also written in the middle of the cheque as “Cancelled” Moreso the complainant was not signed in the said cheque which creates reasonable doubt that how the blank’s details entered in Proposal Form which is the basic document of Insurance Agreement different from the cancelled cheque which has got no signature of the complainant.  This Commission for removal of doubt perused the proposal form carefully and scrutinized the cancelled cheque of ICICI Bank.  It is found that the cancelled cheque not belong to the complainant and it is a fabricated one and fur which the O.Ps have committed gross violation of law.  It is further contended by the O.Ps that the contract of Insurance is an agreement between the proposer and Insurance Company wherein both parties to the contract accept to abide by the express terms and conditions of contract and it is incumbent upon both the parties to the contract to discharge their respective part of contractual obligations in performance of contract.