Order No.  10  dt.  20/02/2017

The fact of the case in brief is that the complainant no.2 purchased one policy from o.p. being no.5001013191 in the year September, 2009 at a minimum policy premium @ Rs.25,000/- per year. Accordingly he paid Rs.75,000/- in three years against the said policy. Complainant 2 received a sum of Rs.59,004/- as partial withdrawal and balance amount of Rs.15,996/- is still due. The complainant 2 repeatedly requested  the o.ps to disburse the balance amount for that policy.

          Complainant no.1 also took another policy being no.5009481770/5009481787 from o.ps. Complainant no.1 paid the premium @ Rs.20,000/- for three years and thus complainant paid total amount of Rs.60,000/-. Complainant no.1 surrendered the above mentioned policy and asked for refund of his money and the authorized agent of the o.ps approached the complainant no.1 to convert the said policy to another scheme without any further payment for the new policy. It was informed to the complainant no.1 that the surrendered value of Rs.36,000/- would be adjusted against the premium of the new policy and thus complainant no.1 can recover the loss of Rs.24,000/- (Rs.60,000 – Rs.36,000/-) Since complainant no.1 was 69 years old at that time, the agent of the o.ps advised the complainant no.1 to take the policy in the name of complainant no.2 who is the son of the complainant no.1 Accordingly the agent of the o.p. issued a money receipt of Rs.36,000/- in the name of  complainant no.2 on 31.03.2013. On 10.06.2013 complainant no.1 wrote a letter to the o.p.no.2 for delivering the policy bond but they failed to do so. On 12.06.2013 complainant no.1 received a letter issued by o.ps and complainant no. 1 was surprised to notice that the letter was regarding the medical check-up of the complainant no.1 himself. Though the money receipt was issued in the name of complainant no.2.  therefore the complainant no.1 became very much confused. Since o.ps did not issue the policy bond against the new policy the complainant requested the o.ps through letter and email to issue the new policy. O.ps alleged that the said policy was delivered and the same was received by complainant no.2. Then the complainant no.1 asked for the acknowledgement from  the courier but they failed to do so. The complainant no.2 is staying in Bangalore and comes to Kolkata during Durga Puja only. The o.ps assured that they would send duplicate copy of the bond and asked for Rs.200/- for the same. But complainant no.1 denied  to pay the amount. On 17.08.2013 complainant wrote a letter to o.ps to issue the policy bond or refund the amount which was received as premium amount by the o.ps. On 06.09.2014 complainants sent a letter to the head office of o.ps for cancellation of the policy and to make the arrangement for refund of the money along with interest but in vain. Hence the application praying for refund of Rs.75,996/- along with interest @ 18%, compensation of Rs.2,00,000/- for mental agony and harassment  and litigation cost of Rs.20,000/-.

          Though the ld. Lawyer for the o.ps appeared by filing power but they did not turn up. Thereafter no w/v has been filed  on behalf of  o.ps. Hence the case was fixed ex parte as against o.ps.

Decision with reasons

We have gone through the petition of complaint along with materials on record. In para 3 of the complaint petition complainants stated that complainant had purchased one policy being no.5001013191 in the year Sepember,2009 and for which complainant no.2 paid @ Rs.25,000/- as annual premium for three years. It is also stated in the complaint petition that complainant no.2 received Rs.59,004/- as partial withdrawal  and balance amount of Rs.15,996/- is due for the aforesaid policy. But it is astonishing that no document has been annexed to that effect. No document suggests that complainant no.2 received a sum of Rs.59, 004/- as partial withdrawal and balance amount of Rs.15,996/- is still due. Complainant no.2 himself wrote a letter to o.ps that Rs.15,996.81 was still due. But how he calculated his dues no document has been filed. Even the complainants had not filed the policy brochure. It is curious enough that complainant no.2 himself calculated that after three years he would get the total premium though he knew well that previous three years he enjoyed the policy  coverage. Therefore the question of refund for the policy being  no.5001013191 does not arise at all.

          Complainant had paid three premiums @ Rs.20,000/- per year and he surrendered the policy being no.5009481770/5009481787.No policy document has been annexed by either of the complainants. No premium receipt has been annexed. Complainant had not filed any bank statement also from which it  can be revealed that they paid the premium in regular manner. However the complainant no.1 surrendered the above mentioned policy ( para 5 of the complaint petition) and it was also stated by the complainant no.1 that the surrendered value was Rs.36,000/-. Complainant had stated that the agent of the o.ps approached the complainant no.1 to convert the said policy to another one. But no premium receipt has been annexed for the new policy. Complainant no.1 alleged that he did not receive the new policy though o.ps issued a money receipt of Rs.36,000/- in the name of complainant no.2 on 31.03.2013. After 31.03.2013 complainant did not send a single letter annexing the photo copy of money receipt of Rs.36,000/- to the o.ps that he had not received the new policy bond. The plea of non-receiving the policy bond was ventilated by the complainant in the instant case only which was filed on08.04.2015. Though  complainant annexed one letter 10.3063.20136 issued by complainant no.1 that he had not received the policy bond being no.5009481770/5009481747. No document has been filed by the complainant that the said letter was received by o.ps. The stamp is illegible. Complainant addressed the letter to the Manager(operation) Bharati AXA Life Insurance Company Ltd, Kolkata but no full address has been mentioned by the complainant. The receipt of Rs.36,000/- is also without seal and stamp of the company.

          Complainant has annexed a letter dated 06.09.2014 complaint to Joint Secretary, Consumer Forum Department of West Bengal letter dated 17.08.2013 and deposit receipts of Rs. 6,000/- and Rs.10,000/-. The complainant had not filed the policy document for which they received the surrendered value. Complainant had sent a letter dated 17.08.2013 for requisition of policy bond as well as cancellation of policy and refund of money. Complainant stated that complainant no.2 received a sum of Rs.59,0004/- for which he paid  three premiums. Therefore it is obvious that they knew that the premium should be paid in every year. When he entered into a new policy by paying the premium amount of Rs.36,000/- he must be aware that he had to pay the premiums for the consecutive years otherwise the status of the policy will be lapsed. Complainant had not enclosed the policy terms and conditions with the complaint petition. No effective document has been furnished by the complainants.

          In view of above complainants have miserably failed to establish the case and as such they are not entitled to get any relief. Accordingly the complaint petition fails.

          Hence, ordered

          that the case no.177/2015 is dismissed ex parte without cost.

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