DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST

GOVT. OF NCT OF DELHI

CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.

CC No: 35/2014

D.No.________________                             Dated: ___________________

IN THE MATTER OF:

PREETI BHARDWAJ W/o SH. SUNIL BHARDWAJ,

R/o B-95, GANESH NAGAR,

PO-TILAK NAGAR, NEW DELHI-110018.… COMPLAINANT

Versus

BHARTI AXA LIFE INSURANCE CO. LTD.,

(THROUGH MANAGER)

UNIT No. 502A, 5^th FLOOR, GD ITL, NORTHEX TOWER,

E-BLOCK, NEAR D MALL, NETAJI SUBHASH PLACE,

PITAM PURA, NEW DELHI-110034.                         … OPPOSITE PARTY

CORAM :SH. M.K. GUPTA, PRESIDENT

         SH. BARIQ AHMED, MEMBER

                                                  Date of Institution: 06.01.2014                                               Date of decision:27.09.2017

SH. M.K. GUPTA, PRESIDENT

ORDER

1.       The complainant has filed the present complaint against the OP under the Consumer Protection Act, 1986 thereby alleging that the complainant was holding a ULIP policy no. 500-323351 since 2007 with a premium amount of Rs.24,000/- per year and in

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          January-2013, Mr. Depender Singh, Sales Executive of the OP approached the complainant and requested to surrender existing ULIP-Aspire Life Plan and buy a new policy plan Bharti AXA Life Future Invest and told the complainant that as a good gesture the company will add the 1^st year premium of ULIP plan to the NAV of Future Invest Plan for the existing customer and the complainant surrendered the earlier policy Aspire Life as suggested by the representative of the OP. OP issued a new policy to the complainant on 11.02.2013 vide policy no. 500-9494294 with premium of Rs.50,000/- per year (semi annual pay mode). When no action was taken as per the commitment, the complainant sent the complaints to GRO of OP and after that Mr. Deepender came and made commitment that it will be done by August-2013 and official letter will be send by OP and he requested the complainant to withdraw the complaints and sent letter mentioning commitment made during the meeting. When the complainant approached to OP in August, the complainant got the information that Deepender had left job and OP is not aware about thecommitment and the complainant didn’t get positive reply from OP and the complainant lodged the complaint to IRDA and raised the complaint against the reply of OP but since September the OPis not responding to IRDA reminder so that OP

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          should adhere to commitment made or should be compensated suitably and due to the said act of the OP the complainant has suffered mental agony and harassment and there is deficiency in service and unfair trade practice on the part of OP. 

2.       On these allegations the complainant has filed the complaint praying fordirection to OP to adhere to the commitment to add the 1^st year premium of ULIP plan to the NAV of Future Invest Plan as well as to pay compensation.

3.       Notice to OP has been issued for appearance on 26.03.2014 andas per track repot notice to the OP has been served on 15.01.2014. But none for the OP appeared on 26.03.2014, 22.04.2014, 23.07.2014 & 22.09.2014 and as such the OP has been proceeded ex-parte vide order dated 22.09.2014.

4.       In order to prove her case the complainant filed her affidavit in evidence and also filed written arguments. The complainant also placed on record copy of policy i.e. Bharti AXA Life Future Invest, copy of complaint dated 14.06.2013 sent by the complainant to IRDA, copy of communication dated 25.09.2013 of the OP through e-mail to the complainant and copy of acknowledgment written by Deepender Singh of OP about transfer of 1^st year premium of Rs.24,000/- of old Aspire Life policy in the New policy (500-9494294) Future Invest Plan in 6 months.

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5.       This forum has considered the case of the complainant in the light of evidence and documents placed on record by the complainant. The case of the complainant has remained consistent and undoubted. There is nothing on record to disbelieve the case of the complainant.Moreover, it appears that even after receiving notice of this case from this forum, the OP has kept mum and has not bothered to answer the case of the complainant. It also shows that the OP has no defence at all and it proves the case of the complainant. Thus OP is held guilty of unfair trade practice and deficiency in service.

6.       Thus, holding guilty for the same, we direct the OP to

i)        To pay to the complainant an amount of Rs.24,000/- being the amount of 1^st year premium of ULIP policy no. 500-323351.

ii)       To pay to the complainant an amount of Rs.8,000/- as compensation for  harassment and  mental agony suffered by complainant which includes litigation cost.

7.       The above amount shall be paid by the OP to the complainant within 30 days from the date of receiving of this order failing which OP shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving of this order till the date of payment. If OP fails to comply with the order within 30 days from the date of receiving of this order, the

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          complainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.

8.       Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.

Announced on this 27^thSeptember, 2017.

 BARIQ AHMED                                                      M.K. GUPTA

(MEMBER)          (PRESIDENT)