In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No. 73/2012

1)                   Sri Ujjal Ganguly,

11A, Panbagan Lane, Kolkata-14.                                                                        ---------- Complainant

---Versus---

1)                   Bharti AXA Life Insurance Co. Ltd.

Kankaria Mansion, 1^st Floor,

7, Kyd Street, P.S. Park Street, Kolkata-16.

2)       The Manager – Compliance

            Bharti AXA Life Insurance Co. Ltd.

      6^th Floor, Rajeha Titanium II

Off. Western Express Highway

Goregaon (East), Mumbai-400063.

3)       Sri Anirban Karmakar,

Agent Code No.14107204034120 of

Bharti AXA Life Insurance Co. Ltd.

7, Kyd Street, P.S. Park Street, 1^st Floor, Kolkata-16.                            ---------- Opposite Parties

Present :           Sri Sankar Nath Das, President.                                                        

                        Dr. Subir Kumar Chaudhuri ,Member

                        Smt. Sharmi Basu ,Member

Order No.   10    Dated  30/01/2013.

            In a nutshell, the case of the complainant is that complainant having being approached by the agent of Bharti-Axa-Life Insurance Co. Ltd. introduced as Mr. Anirban Karmakar, agent code no.14107204034120, purchased on policy bond of o.ps. i.e. concerned insurance company.   Complainant hailing from low middle class family has managed to acquire the amount of total premium of Rs.60,000/- from the Provident Fund Savings of the complainant. Complainant’s hard-earned money of P.F. has been paid as premium for the said policy.

            The premium paid by complainant was divided into two parts – one for Rs.48,000/- and another for Rs.12,000/- to suit their own requirement. It was unbelievable that a company of such stature would adopt a deceptive tactics to boost up its / their business. The representative of the company did not allow to read the contents of the policy and said that every thing was in order. Complainant prays and claim or refund of the full amount of Rs.60,000/-. Hence the case was filed by complainant with the prayer contained in the petition of complaint.

            O.ps. did not contest the case by filing w/v and matter was heard ex parte against all the o.ps.

Decision with reasons:

            We have gone through the pleadings of the parties, evidence and documents in particular and we find complainant obtained one policy of Rs.60,000/- being one time premium policy and subsequently it was found that the said policy was not for one time policy and o.ps. out of said premium of Rs.60,000/- divided two parts - one for Rs.48,000/- and another for Rs.12,000/- to suit their own requirement and we find that this action on the part of o.ps. amounts to gross deficiency of service and carrying unfair trade practice and this is not expected from a reputed concern like o.ps. and we are of the opinion that complainant is entitled to relief.

            Hence, ordered,

            That the case is allowed ex parte against all the o.ps. with cost. O.ps. are jointly and/or severally directed to refund to the complainant the full amount of Rs.60,000/- (Rupees sixty thousand) only together with compensation for mental agony and harassment caused to the complainant by o.ps. for Rs.15,000/- (Rupees fifteen thousand) only and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% shall accrue over the entire sum due to the credit of the complainant till full realization.  

            Complainant is at liberty to file execution case before this Forum in case of non execution of the aforesaid order in its entirety within the stipulated period under the provision of the COPRA, 1986.

            Supply certified copy of this order to the parties free of cost.