DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KANDHAMAL, PHULBANI
C.C.NO.41 OF 2017
Present: Sri Rabindranath Mishra - President.
Miss Sudhiralaxmi Pattanaik - Member .
Sri Pisra Pradhan, aged -27 years.
S/O: Late Dapa Pradhan At: Taganaju.
PO: Padangi PS: Sarangada Dist: Kandhamal ……………………….. Complainant.
Versus.
1. Bajaj Allianz Life Insurance Company Limited
Phulbani Branch,At/PO/PS- Phulbani Dist : kandhamal.
2. Bajaj Allianz Life Insurance Company limited.
G.E Plaza, Airport Road Yerwada, pune – 411006,
3. Bajaj Allianz life Insurance Company limited,
East Hub-3rd Floor, Eco Space, plot no. 11/F/11
(Old No. AA-11/BLK-2 IT),Rajarhat, New town,
Kolkata, west Bengal- 700156.
4. Sunanda mallick,
Wife of Sri Bijaya Mallick,C/O: Sri Parsuram Mallick
At: Dakapala, Phulbani, PO/PS: Phulbani town,
Dist: Kandhmal, Odisha. …………………………….. OPP. Parties.
For the Complainant: Self.
For the OPP. Parties: For the O.P No.1to 3: Sri Manoj Kumar Singh Deo, Advocate, Berhampur and his
associates.
For the O.P No.4: Sari A.K Singh, Advocate,Phulbani and his associates
Date of Order: 28-02-2018
O R D E R
The case of the Complainant in brief is that he had deposited Rs. 50,000/- in the office of O.P No.1 and obtained a life Insurance policy bearing No.0313113683 on 11-03-2014. In
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the next year he had also deposited Rs. 50,000/- before the Opp. Party No.4, the agent of O.P No.1, 2&3. But he had not received the payment particulars from the O.Ps. But his policy was terminated by the O.Ps without any prior information to him and the surrender value amounting Rs. 5,347/- was given to him vide cheque no. 466260 on 14-03-2017. The attitude of the O. Ps amounts to gross negligence and deficiency in service on their part. The O.ps are adopting unfair trade practice for which he is suffering both mentally and financially. Hence, he has filed this complaint against the O.ps for a direction to refund Rs. 100,000/- with 18% annum interest from the date of his deposit and the O.Ps No.1,2 &3 may be directed to give compensation of Rs. 30,000/- towards his mental agony and financial loss .He also prayed to get Rs. 10,000/- as cost of litigation .
The case of the O.P No.1, 2 & 3 as per their joint version is that the claim of the complainant is barred by the provision of Section 45 of the Insurance Act 1938. The allegation of the Complainant is not true and denied by the O.Ps. The applicant is put to strict prove of such allegations which are not specifically admitted herein. The averments of the Complainant based on false and fabricated grounds meant for the purpose of this case. The Complainant insured himself vide “Bajaj Allianz Lifelong Assure” bearing policy No. 0313113683 for a premium paying term of 10 years. The policy holder only deposited for a period of one year and a lapsation of revival period the Opposite Party has terminated the policy and returned the surrender value amount of Rs.5347/- vide cheque No. 466260 to the Complainant as per the provision of Insurance Act. Hence, there is no deficiency in service on the part of the O.ps for which the petition is liable to be dismissed being devoid of merit.
The case of the O.P No.4 as per her version is that the allegations made against the O.P No.4 from Para 3 to 5 are all un true and here by denied in toto .That nothing have been deposited by the Complainant through O.P no.4. The O.P has no legal connection with the instant proceeding so far. Hence, the complaint is liable to be rejected as there is no evidence against the O.P No.4.
We have heard the Complainant and the learned counsel appearing for the O.Ps. We have gone through the complaint petition, the joint version filed by the O.P No.1, 2 & 3 and also the counter filed by O.P No.4. We have perused the documents filed by both the parties in support of their case.
It is an admitted fact that the Complainant insured himself under the O.P No.1, 2 & 3 and deposited Rs. 50,000/- as the first premium amount on 11-03-2014. It is also admitted that the Complainant had received Rs.5, 347/- towards the surrender value given by the O.P No.1, 2 & 3 on 14-03-2017 vide cheque No. 466260 dated 14-03-2017. The O.P No.4 specifically denied in her counter that she had no connection with the instant proceeding and she had not deposited any amount of the Complainant as alleged. The role of O.P No.4 is also not pointed out by the O.P No.1, 2&3 in their written version. On verification of the available documents it is seen that Sunanda mallick, the O.P No.4 was working as Financial Service Consultant under the Bajaj Allianz Insurance
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Company and signed in the proposal form issued by O.P No1, 2 &3. But all the O.Ps remained silent regarding the involvement of the O.P No.4 in this matter. It is submitted by the Complainant that he had deposited a cheque for Rs. 50,000/- and handed over the same to the O.P No.4 for the purpose but her husband Sri Bijay Mallick had withdrawn the said amount from the bank without mentioning the name of the Insurance Company in the cheque .We have specifically gone through the statement of account of the union bank, phulbani in connection with the savings Bank account of the Complainant. It is seen that on 18-02-2015 one Bijay Mallick had withdrawn the amount of Rs.50,000/- through the help of a cheque bearing No 11017554. So, it is clear that the O.P No.4 had received Rs. 50,000/- from the Complainant by the help of her husband. This part of relationship was suppressed by the O.P No.4 in counter reason best known to her. However as per settled position of law the principal is always liable for wrongs done by its agents. The poor people were always harassed by the agents and the benefit goes to company. In this case the Complainant had deposited Rs. 50,000/- but received Rs. 5,347/- only after three years without any interest of his deposit. The C.P Act is a benevolent legislation for which the Complaint should not be decided on mere technicalities. Principle of natural justice should be adopted to protect the property of poor people of rural area. We, therefore partly allow the complaint.
Accordingly the O.P No.1 to 3 are jointly and severally directed to refund a sum of Rs. 50,000/- to the Complainant along with compensation of Rs. 10,000/- for mental agony and litigation cost within a period of 30 days from the date of receipt of the copy of this judgment . Failing which an interest @ 10% shall have to be paid on the entire awarded amount from the date of order till the date of payment.
The O.P No.1 to 3 are at liberty to recover the said amount from O.P No.4.
The C.C is disposed-of. Supply free copy of this order to both the parties at an early date.
MEMBER PRESIDENT
