- Dilip Kumar Kar and Dipti Kar,
7C, Dina Nath Mitra Lane,
Kolkata-6, P.S. Girish Park. _________ Complainants
____Versus____
- Birla Sun Life Insurance Co. Ltd.
3A, Shakespeare Sarani, 7th Floor, Kolkata-71.
For their policy no.005349552 issued in
favour of the above named complainants,
Shakespeare Sarani Police Station. ________ Opposite Party
Present : Sri Sankar Nath Das, Hon’ble President
Dr. Subir Kumar Chaudhuri, Member.
Order No. 15 Dated 05-11-2014.
The case of the complainant in short is that complainants have insured with o.p. of a single premium of Rs.50,000/- for 3 years and o.p. has assured that after 3 years i.e. after completion of the scheme they will refund Rs.50,000/- along with 11.5% interest per annum. Complainants, accordingly, deposited Rs.50,000/- to o.p. as one time premium for the aforesaid policy being no.005349552. As per the terms and conditions of the policy there is a provision for freelook period of 15 days and complainants are at liberty to cancel and/or modify the terms and conditions of the policy with a prayer to o.p. within the stipulated date.
It is admitted fact that complainants intimated to cancel the policy within the freelook period of the policy and accordingly, o.p. has returned Rs.50,000/- to complainants almost after 6 months from the date of intimation of cancellation of the policy and upon depriving to obtain interest of Rs.50,000/- which has been returned by o.p. after a lapse of 6 months complainants filed the instant case before this Forum with the prayer contained in the prayer portion of the petition of complaint.
O.p. had entered its appearance in this case by filing w/v and denied all the material allegations labeled against them. O.p. has submitted that they have returned Rs.50,000/- to complainants after receiving the intimation for cancellation of the policy and also submitted that they have returned Rs.50,000/- after lapse of 6 months to complainants. Though they have admitted that they have returned the amount not immediately after receiving intimation by complainants within the freelook period, but ultimately returned the said amount of Rs.50,000/-. In the course of argument o.p. submitted that the case has got no merit and the same is liable to be dismissed.
Decision with reasons
Upon considering the submissions of the parties and on perusal of the entire materials on record, we can safely conclude that o.p. made some deficiency of service to complainants since they have returned Rs.50,000/- to complainants after a lapse of almost 6 months without any interest thereof though they received the intimation for cancellation of the policy in question within the very freelook period of 15 days. So it is crystal clear that o.p. had made some deficiency of service to complainants and complainants are entitled to relief.
Hence, ordered,
That the case is allowed on contest with cost against the o.p. O.p. is directed to make payment of Rs.4000/- (Rupees four thousand) only to complainants in total in respect of delayed payment for which complainants had to suffer to obtain interest from the amount of Rs.50,000/- for almost 6 months and harassment and mental agony and Rs.3000/- (Rupees three thousand) only for litigation cost within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
