West Bengal

Murshidabad

CC/49/2021

Samim Aktar Samim - Complainant(s)

Versus

Branch Manager, Max Life Insurance Co. Ltd. - Opp.Party(s)

Shilpa Sarkar

12 Jul 2023

ORDER

District Consumer Disputes Redressal Commission
Berhampore, Murshidabad.
 
Complaint Case No. CC/49/2021
( Date of Filing : 04 Aug 2021 )
 
1. Samim Aktar Samim
S/o Md. Ehia Mandal, 4/7, Old Police Line Road, Gorabazar, PO&PS-Berhampore, Pin-742101
Murshidabad
West Bengal
...........Complainant(s)
Versus
1. Branch Manager, Max Life Insurance Co. Ltd.
1, Bishnubabu Garden Lane, Khagra, Pin-742103, In front of Bank of Baroda
Murshidabad
West Bengal
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. AJAY KUMAR DAS PRESIDENT
 HON'BLE MRS. ALOKA BANDYOPADHYAY MEMBER
 HON'BLE MR. NITYANANDA ROY MEMBER
 
PRESENT:
 
Dated : 12 Jul 2023
Final Order / Judgement

                                                                Case No.  CC/49/2021

12

12.07.23

 

 

Today is fixed for filing requisites. No step is taken by the Complainant. The record shows that no step was taken by the Complainant on 08.02.22, 09.06.22, 23.08.22, 24.03.23, 15.06.23, 10.07.23  and today i.e. on 12.07.23. The record further shows that the notice was not served upon the OP due to negligence on the part of the Complainant.

             The case of the Complainant as per materials on record is that the Complainant alleged that the policies were mis-sold by the agent/ intermediary by misguiding and misleading him with assurance of single premium policy and no further premium is to be paid under the policies and money will be refunded after one year and Mediclaim Benefit also will be available under the policies. It is also submitted that the Complainant is a patient of renal disease since 1998 and presently she has no capacity to run the policies and need money for his medical treatment. The Complainant lodged complaint to the insurer on 23.02.20 for refund of premium paid under the policies but declined by the insurer on the ground of expiry of free look period.

         Thereafter, the Complainant appelled before the Office of the Insurance Ombudsman but the said complaint was dismissed without any relief to the Complainant.

         We peruse the materials on record. We find that the insurance premium was paid on 31.01.15 for the first time and the instant complaint case was filed on 04.08.21. Prima facie it appears to us that the instant case is barred by limitation. Moreover, considering the facts and circumstances of the case we are of the view that the instant case has no merit. Further more, it appears to us that the Complainant is not at all interested in the instant case as the Complainant is reluctant to file requisites for the issuance of notice upon the OP.

       In view of the matters discussed above we are of the view that the instant case is liable to be dismissed on merit.

In the result, the Consumer case fails.

         Fees paid are correct. Hence, it is

           

                                                            Ordered

 

that the complaint Case No. CC/49/21 be and the same is dismissed on merit against the OPs.

        Let plain copy of this order  be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand  /by post under proper acknowledgment  as per rules, for information and necessary action.

The Final Order will also be available in the following Website:

    confonet.nic.in

Dictated & corrected by me.

 

President

 

 

  Member                           Member                           President         

 

 

 

 

 
 
[HON'BLE MR. AJAY KUMAR DAS]
PRESIDENT
 
 
[HON'BLE MRS. ALOKA BANDYOPADHYAY]
MEMBER
 
 
[HON'BLE MR. NITYANANDA ROY]
MEMBER
 

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