Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 310.
Instituted on : 13.07.2018.
Decided on : 04.01.2023.
Ramesh Kumar age 58 years s/o Sh. Dayanand R/o VPO Dobh, Tehsil and Distt. Rohtak.
………..Complainant.
Vs.
- The Manager, Bajaj Life Insurance Company Ltd., Ground Floor, Dalal Complex, Delhi Road, Opposite Liberty Cinema, Rohtak-124001.
- The Manager, Bajaj Allianz Life Insurance Company Limited, GE Plaza, Air Port Road, Yerwada, Pune-411006.
- Ramesh Kumar s/o Sh. Ranbir R/o VPO Dobh-Rohtak.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR.VIJENDER SINGH, MEMBER
Present: Sh.H.R.Vats, Advocate for the complainant.
Sh. Gulshan Chawla, Advocate for opposite party No.1 & 2.
Opposite party No.3 exparte.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case as per the complainant are that he was insured with Bajaj Allianz Life Insurance Corporation Ltd. w.e.f. 19.04.2007 vide policy No.0049382683 and paid three installments of Rs.10000/- each at regular time i.e. 18.04.2007, 27.04.2008 and 19.05.2009. At the time of forth premium i.e. in the month of April 2010 he decided not to continue this policy and asked the office of respondent to make the payment of dividend due to him after deducting the administrative expenses. In the month of March 2017 he was informed by the officials of opposite parties that the amount of Rs.10383/- has been paid by cheque to the complainant whereas no cheque has been received by the complainant. Complainant requested the opposite parties to refund the alleged amount but despite his repeated requests, no amount has been refunded to the complainant. Hence this complaint and it is prayed that opposite parties may kindly be directed to refund the amount of Rs.30000/- deposited by the complainant alongwith interest, compensation and litigation expenses to the complainant as explained in relief clause.
2. After registration of complaint, notice was issued to the opposite parties. Opposite party No.1 & 2 in their reply has submitted that as the complainant opted not to deposit the premium amount, thus the policy in question was foreclosed on 01.01.2010 as per condition of the policy and foreclosed amount of Rs.10383/- was dispatched to the address of the complainant vide cheque no.899341 dated 17.03.2017 of Axis Bank. The foreclosed value has been duly encashed by the complainant and in this regard certificate issued by the Banker of the insurance company is attached. All the other contents of the complaint were stated to be wrong and denied and opposite party prayed for dismissal of complaint with costs. However, notice sent to opposite party No.3 through registered post was served which was confirmed through track report but none appeared on behalf of opposite party No.3 and opposite party no.3 was proceeded against exparte vide order dated 12.10.2022 of his Commission.
3. Ld. counsel for the complainant in his evidence has tendered affidavit Ex.PW1/A, documents Ex.PW/1 to Ex.PW1/10 and has closed his evidence on dated 22.08.2019. Ld. counsel for the opposite parties has tendered affidavit Ex.RW1/A, documents Ex.R1 to Ex.R4 and closed his evidence on dated 20.02.2020. Opposite party also tendered documents Ex.R5 to Ex.R7 on dated 15.02.2022.
4. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
5. As per the complainant he has not received an amount of Rs.10383/- in his account whereas the respondent has stated that the amount has been paid to the complainant and the foreclosure value has been duly encashed by the complainant. In this regard a certificate has been issued by the banker of the insurance company, which is placed on record as Ex.R4.
6. We have minutely perused the documents placed on record by both the parties. The respondent officials have summoned the official of Axis Bank. Sh Ashutosh Tripathi AM of Axis Bank appeared before this Commission and a statement has been recorded before the Commission. As per the statement an amount of Rs.10383/- has been debited from the account of Bajaj Allianz life Insurance Company from the account no.914020007893896 on 11.04.2017 and credited in the account number 916010048016914 on dated 10.04.2017 which is in the name of Ramesh Kumar s/o Sh. Ranbir Singh, resident of village Dobh District Rohtak. He has also placed on record a copy of statement of account of Bajaj Allianz Life Insurance company as Ex.R5, the account statement of Ramesh Kumar as Ex.R6 and copy of Adhar Card of Ramesh Kumar as Ex.R7.
7. A bare perusal of these documents shows that the amount of Rs.10383/- has been credited in the account of Ramesh Kumar s/o Ranbir Singh R/o VPO Dobh, Distt. Rohtak and not in the account of complainant i.e. Ramesh Kumar s/o Sh. Dayanand R/o VPO Dobh, Tehsil & Distt. Rohtak. So the complainant is entitled for the alleged amount alongwith interest from the opposite parties.
8. In view of the facts and circumstances of the case we hereby allow the complaint and direct the opposite party no.1 & 2 to pay the amount of Rs.10383/-(Rupees ten thousand eight hundred and eighty three only) alongwith interest @ 9% p.a. from the date of transfer i.e. 11.04.2017 till its realization to the complainant and also to pay Rs.3000/- as compensation on account of deficiency in service and Rs.2000/-(Rupees two thousand only) as litigation expenses to the complainant within one month from the date of decision. However, opposite party No.1 & 2 are at liberty to recover the alleged amount from the respondent no.3 Ramesh Kumar s/o Sh. Ranbir Singh in due course of law.
9. Copy of this order be supplied to both the parties free of costs.
File be consigned to the record room after due compliance.
Announced in open court:
04.01.2023.
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Nagender Singh Kadian, President
………………………………..
Tripti Pannu, Member.
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Vijender Singh, Member.
