Punjab

Nawanshahr

CC/110/2016

Kiran Preet Kaur - Complainant(s)

Versus

Bajaj Allianz LIfe Insurance - Opp.Party(s)

Sh Nobel Sareen

02 Jan 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SHAHEED BHAGAT SINGH NAGAR. 

 

Consumer Complaint No    :   110 of 16.12.2016 

Date of Decision              :   02.01.2017      

1. Kiran Preet Kaur aged 24 years D/o Balwinder Singh
2. Balwinder Singh aged 54 years S/o Surjan Singh of K.C. Estate, Near Water Tank, Karyam Road, Nawanshahr, now residing at Village Pachranda, PO Jhaj, Tehsil Anandpur Sahib, District Roop Nagar.

                                                          ….Complainants

Versus

1. Bajaj Allianz Life Insurance Company Limited, First Floor, Happy Building, Chandigarh Road, Nawanshahr, District SBS Nagar through its Branch Manager.
2. Bajaj Allianz Life Insurance Company Limited, having its Head Office at GE Plaza, Airport Road, Pune 411006, through its General Manager/Head.
3. Axis Bank, Branch Office, Banga Road, Nawanshahr.
4. Axis Bank having its Head Office at Ashoka Galaxy, Plot No.1, Galaxy Society, Pune 411001, Maharashtra, through its General Manager/Head.

Opposite parties

Complaint under the Provisions of Consumer Protection Act, 1986

QUORUM:         

S.KARNAIL SINGH, PRESIDENT

S.KANWALJEET SINGH, MEMBER

COUNSEL FOR THE PARTIES

For Complainant           :         Sh.Nobel Sareen, Advocate

 

ORDER 

PER S.KARNAIL SINGH, PRESIDENT

1. This complaint filed by complainants, wherein it is alleged that in the year 2006 complainant No.2 obtained a policy bearing No.0014892187 dated 28.01.2006 with OP No.1&2 in the name of complainant No.1 as complainant No.1 was minor at that time.  The said policy discounted by the complainants due to unavoidable circumstances and as such complainant made a request for refund of the amount already paid to the OPs No.1&2.  Complainant approached many times for repayment but OP No.1 always says that the amount will be paid to them shortly with interest.  In the month June 2016 OP No.1 refused for the payment of the said policy.  On 17.06.2016, the complainant received the information from OP-1 &2 that the payment of Rs.1,10,593/- is already made to complainant No.2 through cheque No.730220 dated 21.05.2012 drawn on OP No.3&4 and also handed over a copy of Email from OP No.2.  The complainants have never received the cheque from Op No.1&2, so question of realization of the said alleged cheque never arises at all.  Complainant again request to OPs to release the amount of Rs.1,10,593/- alongwith interest as complainant never received the said amount but the OPs are alleging that they have made the payment to the complainant and has finally refused to entertain the complaint.  In this way, the cast of the OPs amounts to deficiency in service for which complainant has entitled for relief claim and as such instant complaint has been filed with prayer that direction be given to OPs to pay Rs.1,10,593/- alongwith interest @ 9.5% per annum alongwith compensation of Rs.50,000/- with Rs.25,000/- as legal expenses.
2. We have heard counsel for the complainant and also scanned complaint file alongwith documents very minutely.
3. Today, this complaint put up before us for preliminary admission and after going through the factum of the complaint, we find that complainant has categorically, repeatedly, alleged that the OPs have not paid the amount in disputes.
4. Apart from above, it reveals from insurance policy documents wherein it is categorically mentioned that the insurance policy involves unit linked policy and whenever unit linked plan/policy is in dispute then this Forum has got no jurisdiction to entertain for the same.  
5. The jurisdiction of Consumer Forum is excluded in the cases pertaining to Unit Linked Policy.  In case of Ram Lal Aggrwala Vs Bajaj Allianz Life Insurance Company and other III (2013) CPJ 203 (NC) the Hon’ble National Commission has held that the policy having being taken for investment of premium in the share market which is speculative transaction and the complainant does not come within the purview of consumer as per the Act.
6. Therefore, in view of the law laid down by the Hon’ble National Commission, in the case Ram Lal Aggarwala (Supra), the present complaint is not maintainable before this Forum.  Accordingly, the present complaint is dismissed with no orders as to the costs at this preliminary stage.
7. Copies of the order be sent to the parties, as permissible, under the rules.
8. File be indexed and consigned to record. 

Dated 02.01.2017                                                         

 

 

(Kanwaljeet Singh)                (Karnail Singh)

Member                                  President