DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER COMPLAINT CASE N0O. 56 OF 2016

Rai Bahadur Singh,

RO: Qtr. No. NC-63,TRL Township, 

Belpahar, Dist: Jharsuguda,Odisha……………….….………………Complainant.

Versus

1. Branch Manager,

ICICI Prudential Life Insurance,

            Jharsuguda Branch, Jharsuguda, Odisha.

2. Managing Director,

ICICI Prudential Life Insurance Company Limited,

1089, Appasaheb Marathe Marg,

Prabhadevi, Mumbai- 400 025…….……………….…………..Opp. Parties.

Counsel for the Parties:-

For the Complainant                                   Self.

For the Opp. Parties                                    Shri S.K. Sa, Adv & Associates.

Date of Order: 28.11.2016

Present

                                                                                    1. Shri S.L.Behera, President.

                                                                                   2. Shri S. K. Ojha, Member.

Shri S. K. Ojha, Member : - This is the case filed by the complainant, as the O.Ps. have adopted negligent attitude towards the complainant once again by ceasing all the benefits of insurance policy even after receiving the insurance premium before due date.

In brief, the case of complaint is that, the complainant has purchased an Unit Linked insurance plan “ICICI Pru Pinanacle Super- LP, Policy No. 15905296 from O.P.No.1 on dtd. 01.09.2011 in the name of his wife namely Mrs. Ratna Singh, by paying yearly premium amount of Rs.50,000/- only.  The complainant has paid 5th yearly premium on dtd.09.09.2015 through Credit Card facility.  The said transaction was successful and acknowledgements received from the O.Ps. In the month of Feb’2016 and March’2016 the complainant received letters from the O.Ps.  that, “ your policy has been discontinued and all benefits available under the policy including life cover and rider cover ( if any) have ceased due to non-payment of premium. Please pay your premium amount immediately to revive the policy without any further delay”.

The complainant contacted with the O.Ps. and followed up several reminders but the matter was not solved.  The complainant bound to pay another premium amount of Rs.50,000/- only on dt.22.03.2016 to revive his policy and for income tax purpose and  approached  several times to refund his previous premium amount but till date the O.Ps. did not turn up. Such type on attitude the O.Ps.  performed previously also in the year-2013 after payment of 3^rd yearly premium, against which the complainant filed  a Complaint Case bearing No. 34 of 2015.  Being harassed and tortured mentally, the complainant, finding no other way, knocked the door of this Hon’ble Forum once again seeking proper relief.

The O.Ps. appeared and filed their written version jointly through their counsel  after being noticed, admitting the fact of insurance and 5^th premium received on dtd. 09.09.2015 and submitted that the transaction was later reversed on account of “chargeback dishonor”, by the credit card bank of the complainant. Hence, the O.Ps. transferred back that amount of Rs.50,000/- only to its payment partner.  However, the amount of Rs. 50,000/- could not be transferred to the credit card bank  as the Card issuing bank did not claim the amount from the payment gateway and hence the amount is still lying with the payment gateway. The complainant has paid premium entire of five years and he is now eligible for full fund value on surrender of the policy as clause - 2.4.  The O.Ps. had offered for refund of Rs.50,000/- to the complainant but the complainant has refused to accept the same and denying all the allegation with the O.Ps. prayed for dismissal of the case.

Heard the matter in length and gone thoroughly on case record with materials available.  It is found that, the complainant has taken an Unit Linked Insurance Policy having plan namely ‘ICICI Pru Pinnacle Super-LP’ ( Policy No. 15905296)  in the name of his wife Ratna Singh  having annual premium of Rs. 50,000/- only of Sum Assured – Rs.5,00,000/- only. The Premium Paying Term was 05 years and Policy Term is 10 years.  The complainant after payment of the 5^th  premium of Rs.50,000/- only through Credit Card system of HDFC Bank on dtd. 09.09.2015, the payment of which the O.Ps. acknowledged the same by issuing “Premium Payment Acknowledgement” (extracted through internet annexed as document No.2). The Credit Card Statement of the transactions of complainant (annexed as document No. 9) clearly reflects of dtd. 09.09.2015 having description “ICICI Prudential Life Mumbai” of Rs.50,000/- only alongwith other several transactions of different dates. It reveals that Rs. 50,000/- only was deducted from the account of the complainant and credited (deposited) in the account of ICICI Prudential Life (O.P.No.2) instantly. But the O.Ps. have not included in the policy account of the complainant, due to which the policy stands  ‘discontinued’.  Not only that, the O.Ps. sent several warning letters also to the complainant on the above ground.                                                                                                                                             

The complainant,  after approaching his best, paid another Rs.50,000/- only on dtd. 21.03.2016 towards the 5^th insurance premium for revival and activation of the policy which has been duly received by the O.P.No.2 (annexed as document No. 10). As such, O.Ps. kept an extra yearly premium amount of Rs. 50,000/- only since dtd. 09.09.2015 (i.e. about to more than one year till date) of complainant, which could be enhanced to any figure if invested in market.

Such type of event is not new happened by the O.Ps., rather it is also found that, at the time of payment of 3^rd yearly premium the O.Ps. committed same type of negligent attitudes.  Such continuous negligent attitudes, compelled the complainant to knock the door of this District Forum again and again.

The complainant has taken such an expensive insurance plan of Rs.50,000/- only yearly premium from the O.Ps. having plan namely ‘ICICI Pru Pinnacle Super-LP’  by being fully convinced and attracted towards the policy benefits and the reputation of the insurance company ( the O.Ps.). After taking the policy the complainant abiding by or can say performing his duty best such as payment of premiums rightly in due times, but inspite of those, the O.Ps adopted unfair and negligent attitudes again and again towards the complainant which affected the complainant with immense harassment and mentally tortured very hard. It should be discouraged.

The above mentioned casual and negligent activities / attitudes performed by the O.Ps reflects commitment of gross deficiency in service and unfair trade practice towards the complainant. Hence, we are in considered opinion to allow the complaint petition of the complainant.

ORDER

1. The O.P.No. 1 & 2 are hereby jointly and severally directed not to commit any negligent attitude towards the complainant further.
2. The O.P.No.1 & 2 are also hereby jointly and severally directed to refund the extra yearly premium amount of Rs. 50,000/- (Rupees fifty thousand) only to the complainant.
3. The O.P.No.1 & 2 are also hereby further jointly and severally directed to pay a sum of Rs.1,00,000/- (Rupees One lakh) only towards mental agony, harassment including litigation costs.
4. The abovementioned orders shall be carried out within 30 (thirty) days from the date of receipt of this order, failing which O.P. No.1 & 2 shall be liable for interest @10% on above mentioned amounts till  its realization.

Accordingly the case is disposed of.

Order pronounced in the open court today on this the 28^th day of November’ 2016, copy of this order shall be communicated to the parties as per rule.

                                                                          I Agree,                         

                                                                        S.L.Behra, President      S.K.Ojha, Member

Dictated and corrected by me,

                                                                                           S.K.Ojha, Member