Chandigarh

StateCommission

A/56/2021

Shelly Dhawan - Complainant(s)

Versus

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

Devinder Kumar Adv.

01 Jul 2022

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

 

 

Appeal No.	:	56 of 2021
Date of Institution	:	13.08.2021
Date of Decision	:	01.07.2022

 

 

 

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

……Appellant/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.

 …..Respondents/Opposite Parties.

 

BEFORE:  JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT

              MRS. PADMA PANDEY, MEMBER

              MR. RAJESH K. ARYA, MEMBER

 

ARGUED BY :-   

 

Sh. Devinder Kumar, Advocate for the appellant.

Sh. Nitin Thatai, Advocate for the Respondents.

 

PER  RAJESH K. ARYA, MEMBER

                This appeal has been filed by the complainant, namely, Shelly Dhawan (appellant herein), against order dated 09.07.2021 passed by the District Consumer Disputes Redressal Commission-II, U.T., Chandigarh (in short ‘District Commission’), whereby her consumer complaint bearing No.334 of 2020 has been dismissed by the Ld. District Commission.

2.             The case of the appellant before the Ld. District Commission was that she obtained Policy No.0004079662, Annexure C-1, from the respondents in the name of her minor daughter Yamini and deposited yearly premiums from 2004 to 2019. It was further the case of the appellant that the respondents were to pay first payout of Rs.81,096.47 against the said Policy by March 2020 but they failed to release the said due amount, which amount to deficiency in rendering service and unfair trade practice on their part.

3.             On the other hand, while admitting the factual matrix of the case, the respondents pleaded that they paid a net amount of Rs.82,482/- as first payout on 14.09.2020 by crediting the same in the bank account so furnished with the Company and the remaining was to be paid on attaining the age of 19, 20 & 21 years respectively, Annexure OP-4. However, the respondents pleaded that there was slight delay due to Covid-19 because of closure of office of the respondents.

4.             The order of Ld. District Commission, dismissing her complaint, has been impugned by the appellant on the ground that neither the first payout amount was released to the appellant nor any other intimation was given to the appellant by the respondents. It has further been stated that on each and every occasions, the respondents failed to release the amount and harassed the appellant with malafide intentions. It has further been stated that no payment of Rs.82,482/- was paid to the appellant through cheque No.516719 dated 14.09.2020 and the respondents placed on record false and fabricated document before the Ld. District Commission. It has further been stated that it was in the knowledge of the respondents that Miss Yamini Dhawan shall attain the age of 19 years on 07.02.2021 and they were bound to pay the next payout in the month of March 2021 but till date, with malafide intentions, no amount has been paid by the respondents.  It has further been stated that during the pendency of the complaint, the respondents transferred an amount of Rs.84,311/- on 25.06.2021 in the account of the appellant i.e. with delay of 1 year and 3 months but the Ld. District Commission failed to consider this fact while passing the impugned order. Lastly, prayer for setting aside of the impugned order has been made by the appellant.

5.             After hearing the Ld. Counsel for the parties and going through the material available on record very carefully, we are of the considered opinion that the appeal is liable to be accepted for the reasons to be recorded hereinafter.

6.             As regards the contentions raised by the Ld. Counsel for the appellant, it may be stated here that the receipt of payment of Rs.82,482/- as first payout on 14.09.2020 has been denied by the appellant. Rather it is said that the respondents transferred the amount of Rs.84,311/- in the account of the appellant on 25.06.2021 i.e. after a delay of 1 year and 3 months. Bare perusal of Annexure OP-4 transpires that in this document, the spaces given for ‘Cheque status’ of the alleged cheque bearing No.516719 dated 14.09.2020, ‘Clear/Stop Date’ & ‘Payout Status’ are blank. Thus, it cannot be said from this document that the first payout amount of Rs.82,482/- was received by the appellant vide this cheque on 14.09.2020. However, as per the Account Statement for the period 01.06.2021 to 30.06.2021 placed on record by the appellant in appeal qua his Account Number: 00000030041158750 clearly transpires that he received an amount of Rs.84,311/- by way of transfer through NEFT  on 25.06.2021 in his said account from Account No.3199683044306. This Account No.3199683044306 is different from the Bank Account No.00070350002210 of the respondents as mentioned in the document Annexure OP-4. Thus, it is very much established that the appellant received the amount of first payout in his Account on 25.06.2021 i.e. after a delay of 1 year 3 months. No doubt, as against the amount of first payout of 82,482/-, the appellant received an amount of Rs.84,311/-, which means that the said amount also accrued some interest, which caters for the delay part. However, for mental agony and physical harassment, which the appellant suffered on account of aforesaid deficiency on the part of the respondents, the appellant is certainly entitled to compensation. In our concerted view, consolidated compensation for mental agony and physical harassment  and litigation expenses, if granted in the sum of Rs.15,000/- that would meet the ends of justice.

7.             For the reasons recorded above, the appeal is accepted. The impugned order dated 09.07.2021 is set aside. Consumer Complaint No.334 of 2020 is partly accepted with cost. The respondents/opposite parties, jointly and severally, are directed to pay a consolidated amount of Rs.15,000/- to the appellant towards compensation and litigation expenses within a period of 30 days from the date of receipt of certified copy of this order failing which, the said amount shall carry interest @9% per annum (simple) from the date of passing of this order till actual realization.

8.             Certified copies of this order be sent to the parties free of charge.

9.             The files be consigned to Record Room, after completion.

Pronounced

01.07.2022.

 [RAJ SHEKHAR ATTRI]

PRESIDENT

 

 

 (PADMA PANDEY)

          MEMBER

 

 

(RAJESH K. ARYA)

MEMBER

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