Date of filing: 12.05.2017 Date of disposal: 13.04.2018
Complainant: Ananta Brata Chakraborty, S/o. Panchugopal Chakraborty, resident of EDILPUR, PO: Kanchannagar, PS. & Dist: Burdwan, PIN – 713 103.
- V E R S U S -
Opposite Party: 1. Branch Manager, Birla Sun Life Insurance Company Ltd., Burdwan Branch, having its office at R. G. Bhavan, 1st Floor, Parbirhata, PO: Sripally, Dist: Burdwan, {IN – 713 103.
2. Birla Sun Life Insurance Company Ltd., represented by its Director, having its regional office at One Indiabulls Centre, Tower 1, 16th Floor, Jupiter Mill Compound, 841, Senapati Bapat Marg, Elphinstone Road, Mumbai – 400 013.
Present:
Hon’ble President: Smt. Jayanti Maitra (Ray).
Hon’ble Member: Dr. Tapan Kumar Tripathy.
Appeared for the Complainant: Ld. Advocate, Suvro Chakraborty.
Appeared for the Opposite Party No. 1&2: Ld. Advocate, Subhojit Mondal.
J U D G E M E N T
This is a case u/S. 12 of the C.P. Act, 1986 alleging deficiency in service and unfair trade practice against the Ops with a direction to reinstall the policy bearing No. 006414415 after taking premium amount of Rs. 12,672=00 for the year 2016-17 and 2017-18 without any fine by holding them liable for their conducts, directing the Ops to pay a sum of Rs. 50,000=00 towards mental pain and agony and harassment and Rs. 20,000=00 as litigation cost.
The case of the complainant in brief is that he incepted a life insurance policy from the OP-1 in 2014. It was for 10 years with an annual premium of Rs. 6,415=00. After issuing the policy, the complainant paid premium for the year 2015 and the Ops renewed it for the year 2015-16. The due date of renewal for the year 2016-17 was 26.02.2016. On 01.3.2016 the complainant went to the OP-1 for submitting premium of Rs. 6,336=00 through a cheque. The officials of the OP-1 informed the complainant that the policy had already been renewed and they also provided a receipt bearing No. 48080102 of Rs. 6,336=00. At this the complainant became surprised and submitted a written representation to the OP-1. Moreover, the officials assured him that as the policy had been renewed, so no problem would arise. After that being asked by the OP-1, the complainant made contact with the OP-1 and he was told that the bank authority had returned his cheque dated 01.03.2016, bearing No. 539707 relating to signature of the complainant and the OP-1 asked him to submit another cheque and the complainant submitted that on 03.03.3016 which had bearing No. 429011 and dated 09.03.2016. But the OP-1 neither submitted the cheque to any bank nor stated anything to the complainant. So the complainant did nothing but only waited for the next premium date which was 26.02.2017 for the year 2017-18. When on 10.02.2017 the complainant went to submit the premium amount for 2017-18, he learnt from the OP-1 that the policy had been lapsed for not depositing the premium of the previous year on time and fine is required to restore the policy. Hearing that when the complainant intimated to the Manager, the OP-1 provided him a toll free number and through the customer care Executives the complainant was assured that the problem would be solved. On 10.02.2017 the complainant submitted a written representation to the OP-1 but due to his then mental condition he could not preserve any photocopy of that. After 10.02.2017 the complainant made several times the request to accept the premium amount for the year 2016-17 & 2017-18 without any fine but the Ops did not listen to him. He submitted another written representation before the OP-1 on 23.02.2017 but did not get any relief.
On 17/03/2017 he received a letter dated 06/03/2017 from the O.Ps that they had registered his complain vide case No. CAS-117934 –ZOG3R1 and they also stated that they were investigating the problem. On 23/03/2017 he received another letter dated 07/03/2017 from the O.Ps along with a cheque dated 09/03/2016 submitted by him for the premium amount of 2016-2017 on 03/03/2016 with a proposal form and some other documents. From that letter the complainant came to learn that the O.Ps asked him to submit the premium amount with fine for reinstalling the policy. The O.Ps did not either mention about the next cheque or their fault.
The O.Ps, in their W.V. claimed the complain as false. They stated that the policy was renewed for the year 2015-16. They denied about the second cheque, bearing No. 429011, which the complainant in his version stated to have deposited to the O.P 1on 03/03/2016. The O.Ps. had also denied everything about the fate of the cheque. Moreover, they stated about the first cheque, bearing No. 539707, dated 01/03/2016, that it was dishonoured because of signature mismatch and the complainant did not check either his account for one year or the status of the premium paid by him towards the renewal of his policy. They also stated that the complainant was aware of the terms and conditions of the policy and also of the due time to reinstall his policy in case of lapse.
Decision with Reasons:-
To prove his case the complainant has submitted all the necessary documents. There is also the photocopy of the second cheque, bearing No. 429011, the existence of which is denied by the O.Ps. The O.Ps. have accused the complainant to be irresponsible to check the status of his policy. But the complainant stated it clearly that he was informed by the officials of the O.P that his policy has been renewed and so the complainant did not take any step for the next premium date. The complainant has been able to prove that he makes payment of Rs. 6,336=00 for continuation of his policy for the year 2016-17. Moreover, the Ops failed to prove by producing any piece of documentary evidence that what was the fate of the cheque being No. 429011, dated 09.03.2016 issued in their favour of Rs. 6,336=00 paid as premium for the year 2016-17 which the complainant came to know at the time of payment of the premium for the year 2017-18 of his policy. Therefore, such conduct of the Ops is nothing but deficiency in service on its part and also negligence on their part. Therefore, the complainant has been able to prove his case. Thus, the complainant succeeds to prove his case.
Hence, it is
O r d e r e d
that the Consumer Complaint being No. 73/2017 be and the same is allowed in part on contest with cost against the Ops with the direction:
- that the complainant is directed to pay Rs. 12,672=00 as premium amount for the year 2016-2017 and 2017-2018 without any fine to the OP-1within 30 (thirty) days from the date of passing of this order,
- the Op-1 is directed to receive the said amount from the complainant as premium amount for the year 2016-17 and 2017-2018 without any fine and should continue the policy as usual, no. 006414451.
- that the Ops are directed to pay either jointly or severally Rs. 3,000=00 as compensation towards mental pain, agony and harassment,
- that the O.Ps. are directed to pay either jointly or severally Rs. 1,000=00 as litigation cost.
The Ops are directed to comply the above award within 45 (forty five) days from the date of passing of this order, in default; the complainant is at liberty to put the award in execution as per provisions of law.
Let plain copies of this order be supplied to the parties free of cost as per provisions of law.
Dictated & Corrected by me: (Jayanti Maitra (Ray)
President
(Tapan Kumar Tripathy) DCDRF, Burdwan
Member
DCDRF, Burdwan
(Tapan Kumar Tripathy)
Member DCDRF, Burdwan
