Haryana

Karnal

CC/270/2022

Gourav KUmar - Complainant(s)

Versus

Branch Manager Bajaj Allianz Life Insurance Company Limited - Opp.Party(s)

Sandeep Verma

17 Sep 2024

ORDER

THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                        Complaint No.270 of 2022

                                                        Date of instt. 06.05.2022

                                                        Date of Decision: 17.09.2024

 

Gaurav Kumar son of Hari Charan Sharma, resident of house no.32, Gali no.1, Friends Colony, Kaithal Road, Karnal.

                                                                        …….Complainant.

                                              Versus

 

Branch Manager Bajaj Allianz Life Insurance Co. Ltd. SCO 226, Sector-12, Urban Estate, Karnal.

 

…..Opposite Party.

 

Complaint under Section 35 of Consumer Protection Act, 2019.

 

Before   Shri Jaswant Singh……President.     

              Ms. Neeru Agarwal…….Member

      Ms. Sarvjeet Kaur…..Member

 

Argued by:  Shri Sandeep Verma, counsel for the complainant.

                    Shri Kunal Chopra, counsel for the OP.

                   

                     (Jaswant Singh, President)

ORDER:   

                

                The complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against the opposite party (hereinafter referred to as ‘OP’) on the averments that complainant purchased a policy no.0240846021 (Guaranteed Maturity) dated 07.12.2011 and in this regard complainant paid Rs.30,000/- single premium to the OP. The said policy has been matured on 07.12.2021 and as per OP requirement, complainant submitted all the relevant documents including aadhar card, pan card, account number etc. Complainant contacted the OP and enquired about the maturity amount, then OP told that they deposited the maturity amount of Rs.60,000/- in the account of one Gaurav Kumar son of Manohar Lal. Infact the name of complainant is Gaurav Kumar son of Hari Charan Sharma, which is mentioned in the policy and all other relevant documents. OP assured the complainant that after inspection the maturity amount will be credited in the account of complainant very soon but till date complainant has not received any amount. By not issuing the maturity amount, complainant has suffered mental, financial and physical harassment. Then complainant sent a legal notice dated 30.03.2022 to the OP but it also did not yield any result. In this way there is deficiency in service and unfair trade practice on the part of the OPs. Hence this complaint.

2.             On notice, OP appeared and filed its written version raising preliminary objection with regard to maintainability; jurisdiction cause of action; locus standi and concealment of true and material facts. On merits, it is pleaded that complainant with an intention to insure himself submitted a proposal form dated 01.12.2011 for the purchase of “Bajaj Allianz Guaranteed Maturity Insurance Plan” with the OP. The proposal form was accepted on the standard rates based on the information provided by the DLA and consequently an insurance policy was issued bearing policy no.0240846021. It was a single premium paying plan of Rs.30,000/- for a benefit term of ten years. The sum assured upon death in the policy was Rs.1,50,000/-. The present complaint is an afterthought and has only been filed with the ulterior motive to harass and humiliate the OP. It is further pleaded that complainant has alleged that when the policy got matured on 07.12.2021, the complainant submitted the relevant documents with the OP. OP deposited the maturity amount of Rs.60,000/- in the account of one Gaurav Kumar son of Manojar Lal whereas the name of complainant is Gaurav Kumar son of Hari Charan Sharma. The complainant concocted a false story in order to take undue advantage of OP. At the time of maturity of insurance policy, the complainant had submitted a cancelled cheque of UCO Bank bearing account no.28690110040607 alongwith his Aadhar card and PAN card. When the policy was matured, the OP had paid the maturity payout of Rs.60,000/- made on 08.12.2021 through NEFT in the said account qua which the cancelled cheque was given. There is no deficiency in service and unfair trade practice on the part of the OP. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.

3.             Parties then led their respective evidence.

4.             Learned counsel for the complainant has tendered into evidence affidavit of complainant Ex.C1/A, copy of insurance policy Ex.C1 and Ex.C2, copy of Guaranteed Maturity Certificate of policy Ex.C3, copy of single premium schedule Ex.C4, copy of proposal form Ex.C5, copy of ration card Ex.C6, copy of Sample Benefit Illustration Ex.C7, copy of aadhar card of complainant Ex.C8, copy of PAN card Ex.C9, copy of bank account detail Ex.C10, copy of legal notice Ex.C11, copy of postal receipt Ex.C12 and closed the evidence on 06.11.2023 by suffering separate statement.

5.             On the other hand, learned counsel for the OP has tendered into evidence affidavit of Ms. Swati Seth, Zonal Legal Head North-1 Ex.OP1/A, copy of power of attorney Ex.OP1, copy of proposal form Ex.OP2, copy of insurance policy Ex.OP3, copy of cancelled cheque and aadhar card Ex.OP4 and closed the evidence on 05.02.2024 by suffering separate statement.

6.             We have heard the learned counsel for the parties and perused the case file carefully and have also gone through the evidence led by the parties.

7.             Learned counsel for complainant, while reiterating the contents of the complaint, has vehemently argued that on 07.12.2011, complainant purchased a policy from the OP. The said policy has been matured on 07.12.2021. OP deposited the maturity amount of Rs.60,000/- in the account of one Gaurav Kumar son of Manohar Lal Whereas the name of complainant is Gaurav Kumar son of Hari Charan Sharma, which is mentioned in the policy and all other relevant documents. OP assured the complainant that after investigation, the maturity amount will be credited in the account of complainant but till date no amount has been received by the complainant. Due to this act and conduct of OP, complainant has suffered mental pain, agony and harassment and lastly prayed for allowing the complaint.

8.             Per contra, learned counsel for the OP, while reiterating the contents of written version, has vehemently argued that at the time of maturity of insurance policy, the complainant submitted cancelled cheque alongwith his Aadhar card and PAN card and on the basis of said documents, OP has transferred the maturity amount of Rs.60,000/- in the account of complainant. There is no deficiency in service and unfair trade practice on the part of the OP and lastly prayed for dismissal of the complaint.

9.             We have duly considered the rival contentions of the parties.

10.           OP has alleged that on maturity of insurance policy, complainant submitted cancelled cheque of UCO Bank bearing account no.28690110040607 alongwith his Aadhar card and PAN card and OP had paid the maturity amount of Rs.60,000/- in the account of one Gaurav Kumar son of Manohar Lal whereas the father name of the complainant is Hari Charan Sharma not Manohar Lal.

11.           OP has alleged that complainant had submitted the cancelled cheque Ex.R4 of Union Bank of India alongwith copy of aadhar card. As per copy of alleged aadhar card, the date of birth of year  of said Gaurav is 1984, father name is Manohar Lal and address is Gali No.1 Shanti Nagar, Karnal. Complainant has also placed on file copy of insurance policy Ex.C1, copy of ration card Ex.C6, copy of aadhar card Ex.C8, copy of PAN card Ex.C9 and copy of cancelled cheque Ex.C10, in all the abovesaid documents, the father name of complainant is Hari Charan Sharma. The date of birth of the complainant in aadhar card Ex.C8 and in PAN Card Ex.C9, is 19.09.1990. The address of the complainant is also house no.32, Gali no.1, Friends Colony, Kaithal Road Karnal whereas the maturity amount has been paid to Gaurav Kumar son of Manohar Lal,  Gali no.1, Shanti Nagar, Karnal by the OP. Thus, it is also not proved on the record that alleged cancelled cheque belongs to the complainant. It has been proved on the record, OP has transferred the maturity amount in the account of similar name of person. Moreover, OP itself admitted that the amount has been transferred in the account of Gaurav Kumar whose father name is Manohar Lal. Hence, the act of the OP while transferring the amount in the account of another person, amounts to deficiency in service and unfair trade practice.

12.           Thus, in view of the above, OP transferred the maturity amount of Rs.60,000/- in the account of wrong person. Hence, complainant is entitled for the said amount alongwith interest, compensation for mental pain, agony harassment and litigation expenses etc.

13.           Thus, as a sequel to abovesaid discussion, we allow the present complaint and direct the OP to pay Rs.60,000/- (Rs. sixty thousand only) to the complainant alongwith interest @ 9% per annum from the date of maturity till its realization. We further direct the OP to pay Rs.20,000/- to the complainant on account of mental agony and harassment and Rs.11,000/- towards the litigation expenses. This order shall be complied within 45 days from the date of receipt of copy of the order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Dated: 17.09.2024   

                                                             President,

                                                     District Consumer Disputes

                                                     Redressal Commission, Karnal.

 

(Neeru Agarwal)         (Sarvjeet Kaur)

                   Member                          Member