IN THE DISTRICT CONSUMERS’ DISPUTES REDRESSAL FORUM AT MYSORE<br /> <br /> PRESENT: 1. Shri.A.T.Munnoli<br /> B.A., L.L.B (Spl.) - President <br /> <br /> 2. Smt.Y.V.Uma Shenoi<br /> M.Sc., B.Ed., - Member<br /> <br /> <br /> <br /> CC 30/10 DATED 25.02.2010<br /> ORDER<br /> <br /> Complainant Smt. Sujatha D/o Nagaraju, R/at No.588, Maharashtra Street, Nazarbad, Mysore.<br /> <br /> (By Sri. M.Shivalingegowda. Advocate)<br /> <br /> Vs. <br /> Opposite Party The Manager, Bajaj Allianze Life Insurance Co., Mythri Arcade, 1st Floor, Kantharaja Urs Road, Saraswathipuram, Mysore. <br /> ( Exparte)<br /> <br /> Nature of complaint : Deficiency in service<br /> Date of filing of complaint : 30.01.2010<br /> Date of appearance of O.P. : <br /> Date of order : 25.02.2010<br /> Duration of Proceeding : <br /> <br /> <br /> PRESIDENT <br /> <br /> <br /> <br /> MEMBER<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> Sri. A.T.Munnoli,<br /> President<br /> <br /> <br /> 1. Under Section 12 of the Consumer Protection Act, the complainant has filed the complaint, seeking a direction to the opposite party to issue the policy bond to her and compensation of Rs.20,000/-, as well as cost of the proceedings.<br /> <br /> 2. In the complaint it is alleged that, on 06.10.2008, the complainant took Insurance Policy by name Bimakacacha Yogna and paid premium of Rs.374/-. Premium receipt has been issue by the opposite party in favour of the complainant. The complainant has approached the opposite party many a times to get the policy, but the opposite party did not respond. Even legal notice was issued, but no response. The act of the opposite party amounts to deficiency in service. Hence, it is prayed to allow the complaint.<br /> <br /> 3. In spite of due service of the notice, the opposite party has remained exparte.<br /> <br /> 4. To prove the facts alleged in the complaint, the complainant has filed her affidavit and produced three documents. We have heard the learned advocate for the complainant and perused the records.<br /> <br /> 5. Now the points arises for consideration are as under:-<br /> 1. Whether the complainant has proved any deficiency in service on the part of the opposite party and that she is entitled to the reliefs sought?<br /> 2. What order?<br /> <br /> 6. Our findings are as under:-<br /> Point no.1 : Partly affirmative<br /> Point no.2 : As per the order.<br /> <br /> REASONS<br /> 7. Point no. 1:- The fact that, the complainant took the Insurance Policy of the opposite party and paid the annual premium is supported by the statement in the affidavit, as well as the receipt issued by the opposite party. When the opposite party received the premium and has not refused the offer of the complainant, is under an obligation to issue the policy/bond to the complainant. The complainant has stated that, many a times she approached the opposite party and requested to issue the policy and even the notice in this regard was issued, but the opposite party did not respond. Copy of the notice, as well as the postal acknowledgement are on record. In addition to it, in spite of due service of notice of the complaint sent by this Forum, the opposite party has not appeared before the Forum and denied or disputed the claim of the complainant. Accordingly, our finding on the point is partly in affirmative.<br /> <br /> 8. Point No. 2:- From the discussion made above and conclusion arrived at, we pass the following order.<br /> <br /> <br /> ORDER <br /> 1. The complaint is partly allowed.<br /> <br /> 2. The opposite party is hereby directed to issue Insurance Policy to the complainant as per the premium received receipt of which is produced in this case to the complainant, within a month from the date of the order.<br /> <br /> 3. The opposite party to pay a sum of Rs.1,000/- to the complainant towards cost of the proceedings.<br /> 4. Give a copy of this order to each party according to Rules.<br /> <br /> (Dictated to the Stenographer, transcribed by her, transcript revised by us and then pronounced in the open Forum on this the day 25th February 2010)<br /> <br /> <br /> <br /> (A.T.Munnoli) <br /> President <br /> <br /> <br /> (Y.V.Uma Shenoi)<br /> Member<br /> <br /> <br /> <br /> <br /> <br />