ORDER

Date of order:     14 -12-2016

Upendra Jha,Member       

                   This appeal is directed against the order dated 11-11-2015 passed by the District Consumer Forum, Patna in Complaint Case No. 27 of 2011 by which the Opposite-parties-appellants were directed to pay Rs. 16,897/-(Rupees sixteen thousand and eight hundred ninety seven only) to the complainant jointly and severally with 10% interest within two months failing which 12% p.a. interest will be payable, also Rs. 3000 as compensation and litigation cost.

2.                 Brief facts of this case is that the appellant obtained an Insurance Policy from the O.P.-respondent and deposited premium of Rs.25, 000/- on 31-12-2007 through the Agent but the policy Bond was not given to him. Then, he stopped to deposit the due premium as he was harassed a lot by the company officials. On 28-04-2009 he requested to refund the amount. The Agent who received the cheque becomes traceless. Then, he filed a complaint before the District Forum, Patna. The O.Ps.-respondents contested the case. After hearing parties, the District Forum passed the impugned order against which this appeal is preferred.

                  3.                                      The appellant has filed written notes of arguments. The respondent Company has also filed the same. Heard and perused the District Forum order.

4.                           The District Forum holding that the complainant had requested to close the policy in question. According the O.Ps.-appellants were directed to pay the closure amount which comes to Rs. 16,897/-(Rupees sixteen thousand and eight hundred ninety seven only) with 10% p.a. interest and Rs. 3000/- as compensation and litigation cost.

5.                           The counsel for the appellant-complainant submits that inspite of deposited amount Rs. 25,000/- even after eight years of investment specially in Insurance Plan, the O.P.-respondent Company be directed to pay compensation of  five installments of Rs. 25,000/- annually which comes to Rs. 1,25,000/- along with 14% interest with litigation cost but the District  Forum has allowed only Rs. 16,897/-(Rupees sixteen thousand and eight hundred ninety seven only) with 10% interest & Rs. 3000/- as litigation cost. It is insufficient. It should be enhanced as prayed for.

6.                           The counsel for the respondent-Insurance Company submits that the complainant has leveled allegations against Mrs. Ambalika Shankar, an Agent of the company but she has not been made a necessary party in complaint. The complainant did not apply for issuing a duplicate copy of Policy Bond and he discontinued the policy. The complainant has demanded to refund of premium amount after five months only which cannot be refunded in full. It may be refunded according to terms and conditions of policy. The policy of the complainant was lapsed. For the reasons stated above, the appeal has no merit. It is fit to be dismissed at the admission stage itself.

7.                             Heard the submissions of parties and on perusal of the order passed by the District Forum, it is admitted fact that the appellant has deposited Rs.25, 000/- as first premium of Insurance Policy through the Agent to the respondent-Insurance Company. Due to non-issuance of Policy Bond, the complainant did not continue the policy. The District Forum after hearing parties has directed the Insurance Company to refund Rs. 16,897/-(Rupees sixteen thousand and eight hundred ninety seven only) against the deposited premium amount of Rs.25,000/-.For any wrong committed by an Agent, the consumer should not be suffered for that. In the result, the appeal is admitted for further hearing put up this record on 11-01-2017 for hearing.

       S.K.Sinha                         Renu Sinha                  Upendra Jha                                                                       

      President                           Member (F)                   Member (M)

           Anita