IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Monday the 31st day of August, 2015
Filed on 25.03.2015
Present
1. Smt. Elizabeth George (President)
2. Sri. Antony Xavier (Member)
3. Smt. Jasmine D (Member)
in
CC/No.97/2015
Between
Complainant:- Opposite parties:-
Smt. Remadevi 1. The Bharathi AXA Life Insurance
Raji Nivas, Venmony Co. Ltd., Mullackal Temple
Venmony P.O. Sarada Complex, First Floor
Alappuzha Alappuzha – 688 011
2. The Bharathi AXA Life Insurance
Co. Ltd., Unit 601 & 602, 6th Floor
Raheja Titanium, Off Western
Express Highway, Geoegaon (East)
Mumbai – 400 063 (Head Office)
O R D E R
SMT. JASMINE D. (MEMBER)
The case of the complainant in short is as follows:-
Opposite party induced the complainant to take an insurance policy from the opposite parties and accordingly the complainant who is a physically handicapped person has taken an insurance policy from the opposite parties. The opposite parties assured at the time of taking the policy that if she pays 3 consecutive premiums she will get an amount of Rs.50,000/- after 3 years. The complainant approached the opposite parties after remitting the third premium and requested for refund of the amount of Rs.50,000/- as assured by the opposite parties. Then the opposite party informed the complainant that she is entitled to get only Rs.3,000/- or she has to remit the premiums for the whole period of 12 years to get the benefits. Thereafter the complainant has given a complaint against the opposite parties at Venmoni Police Station, and also before the Welfare Association for the handicapped. But till now the amount has not been refunded by the opposite parties. Now the complainant is not in a position to continue the policy, hence filed this complaint seeking refund of Rs.50,000/- along with compensation and cost of the proceedings.
2. Notices were served to the opposite parties, but they did not appear before the Forum and opposite parties were set ex-parte.
3. The evidence in this case consists of proof affidavit filed by the complainant and documents Exts.A1 to A6 were marked. Ext.A1 is the policy certificate, Ext.A2 is the receipt dated 27.12.2012 stating that the complainant has registered a complaint before the Venmoni Police Station, Ext.A3 is the receipt of the complaint registered before the Chief Minister’s “Janasambarka Paripadi” dated 10.08.2013, Ext.A4 is the first premium receipt dated 28.9.2010, Ext.A5 is the deposit receipt dated 7.12.2011 and Ext.A6 is the deposit receipt dated 15.11.2012.
4. Considering the allegations of the complainant, the Forum has raised the following issues:-
1) Whether there is any deficiency in service on the part of the opposite parties?
2) Whether the complainant is entitled to get the reliefs as prayed for?
5. Points 1 and 2:- The case of the complainant is that she availed an insurance policy from the opposite parties and remitted 3 consecutive annual premiums. Thereafter the complainant could not remit the premium amount and requested for refund of the amount paid, but the opposite party informed that she is entitled to g et Rs.3000/- only. Hence filed this complaint seeking refund of the assured amount of Rs.50,000/- along with compensation and costs. Complainant filed proof affidavit and documents Exts.A1 to A6 were marked. From the documents produced by the complainant would show that she availed an insurance policy from the opposite parties and paid 3 consecutive premiums amounting to a total sum of Rs.28,590/-. According to the complainant, thereafter she could not remit the premiums. From the documents it can be seen that she had made many attempts to get the refund of the amount paid. From the receipts it can be seen that the complainant paid a total sum of Rs.28,590/-. In spite of repeated demands the opposite party failed to return the amount deposited. The allegations of the complainant have not been challenged by the opposite party. Proof affidavit filed by the complainant stands unchallenged. Opposite parties have not controverted the plea raised by the complainant. Opposite party is liable to return the amount of Rs.28,590/- to the complainant after deducting the service charge if any incurred by the opposite party which is fixed at Rs.5000/-. Since the opposite parties have not refunded the amount after deducting the service charge, they have committed deficiency in service. The complainant is entitled to get refund of the amount paid after deducting the service tax.
In the result, opposite parties are directed to refund an amount of Rs.23,600/- (Rupees twenty three thousand and six hundred only) to the complainant. The opposite parties are further directed to pay an amount of Rs.1000/- (Rupees one thousand only) towards the costs of the proceedings.
Pronounced in open Forum on this the 31st day of August, 2015.
Sd/- Smt. Jasmine. D. (Member)
Sd/- Smt. Elizabeth George (President)
Sd/- Sri. Antony Xavier (Member)
Appendix:-
Evidence of the complainant:-
Ext.A1 - Policy certificate
Ext.A2 - Receipt dated 227.12.2012
Ext.A3 - receipt of the complaint registered before the Chief Minister’s “Janasambarka Paripadi” dated 10.08.2013
Ext.A4 - First premium receipt dated 28.9.2010
Ext.A5 - Deposit receipt dated 7.12.2011
Ext.A6 - Deposit receipt dated 15.11.2012
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite party/S.F.
Typed by:- pr/-
Compared by:-
