STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
U.T.,CHANDIGARH
First Appeal No. | : | 425 of 2013 |
Date of Institution | : | 01.10.2013 |
Date of Decision | | 15.11.2013 |
Nirmal Singh s/o Late Sh. Pritam Singh, R/o #80, Milk Colony, Dhanas, U.T. Chandigarh.
……Appellant/complainant.
Versus
1. Bharti Axa Life Insurance Co. Ltd., through its Chief Executive Officer, SCO No. 208-209, 2nd Floor, Sector 34-A, Chandigarh.
2. Chief Executive Officer, Bharti Axa Life Insurance Co. Ltd., SCO No. 208-209, 2nd Floor, Sector 34-A, Chandigarh.
3. Branch Head Bharti Axa Life Insurance Co. Ltd., SCO No. 208-209, 2nd Floor, Sector 34-A, Chandigarh.
Appeal under Section 15 of the Consumer Protection Act, 1986.
BEFORE:
Argued by:
Sh. Gaurav Bhardwaj, Advocate for the respondents.
PER DEV RAJ, MEMBER
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11. purchased Life Insurance Policy No.500-4539697 from the respondents/Opposite Parties, which was effective from 19.11.2009 with yearly premium of Rs.15,000/-. It is further proved from the document, at Page 19 of the District Forum record, which is a copy of the First Premium Receipt dated 19.11.2009 that the appellant/complainant paid an amount of Rs.15,000.01 as first annual premium, for the Policy, aforesaid. The second premium against Policy No.500-4539697 fell due on 19.11.2010, for which the appellant/complainant received notice dated 24.10.2010 (Annexure C-8) and he paid the same vide cheque No.613553 dated 15.11.2010 (Annexures C-9 & C-10). Copy of the proposal form (Exhibit R-2) is dated 02.12.2010. No doubt, this proposal form mentions cheque No.613553 dated 15.11.2010, but there is force, in the argument of the Counsel for the appellant/complainant, that the premium, sought to be deposited, vide cheque dated 15.11.2010 was misused and wrongly adjusted for issuing another fresh policy.
12. assertion of the appellant/complainant that the respondents/Opposite Parties by misusing the cheque dated 15.11.2010, for payment of second premium of existing Policy No.500-4539697, issued another Policy. The appellant/complainant had filed complaint with the Chandigarh Police regarding the harassment caused by the respondents/Opposite Parties. Sh. Vikas Deora son of Sh. Purshotam Lal Deora, Branch Head in the NET Ambit Insurance Broking India Ltd. with whom Bharti Axa Insurance have arrangement, (as admitted by Sh. Abhishek, Area Manager, Bharti Axa Insurance Company in his statement before the Police) made a statement before the Police (Annexure C-14), part of which, is extracted below:-
“……I and Abhishekh told him that earlier he did not contact them and now he has come about the same, hence submit a request, and whatever decision would be according to the terms and conditions of the policy we would fully help him and……….. we told him that we don’t know enough about this, but whatever is your benefit, we can only give the amount of policy, although no interest is made out, even then, on your demand………”
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16.No other point, was urged, by the Counsel for the parties.
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(i) to refund an amount of Rs.27,523/- i.e. (Rs.30,000 – Rs.2,477) to the appellant/complainant;
(ii) to pay an amount of Rs.20,000/- to the appellant/complainant, as compensation, for mental agony and physical harassment;
(iii) to pay cost of litigation, to the tune of Rs.10,000/-, to the appellant/complainant;
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Pronounced.
15th
[JUSTICE SHAM SUNDER (RETD.)]
PRESIDENT
[DEV RAJ]
MEMBER
Ad
STATE COMMISSION
(First Appeal No.425 of 2013)
Argued by:
Sh. Gaurav Bhardwaj, Advocate for the respondents.
Dated the 15th
ORDER
(DEV RAJ) MEMBER | (JUSTICE SHAM SUNDER (RETD.)) PRESIDENT |
Ad
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| [HON'BLE MR. JUSTICE SHAM SUNDER] |
| PRESIDENT |
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| [HON'ABLE MR. DEV RAJ] |
| MEMBER |
