1. The fact of the case of complainant is that as per personal approaches of the agent of O.Ps, he opened a policy on 16.09.2011 vide policy no. 19312967 for a term of 6 years with yearly premium of Rs. 50,000/- with flexibility of finance benefit on 16.09.2014, 16.09.2015, 16.09.2016 and 16.09.2017 with an assurance to get additional vested bonus @ 6% p.a. on the deposited amount and accordingly, he deposited an amount of Rs. 3,00,000/- in total and in return he received an amount of Rs. 56,812/- on each subsequent years from 2014 onwards and on maturity she received Rs. 32,251/- and in total she received Rs. 2,62,611/- against total deposited amount of Rs. 3,00,000/-.It is alleged that after maturity, the O.Ps have not paid the additional bonus @ 6% p.a., as assured by the agent, thus showing deficiency in service, complainant filed this case with a prayer to direct the O.P. to refund bonus and to pay Rs. 50,000/- and Rs. 10,000/- towards compensation and costs of litigation to her.

2. The O.Ps. being the same organization, though have appeared in the case, filed their written version admitting the issue of alleged policy in favour of the complainant but denied the allegations contending that the complainant had opportunity to close his case within the free look period of 15 days, if he is not satisfied with the terms of the policy.  Further contended that complainant has received Rs. 56,812.50- from 2014 onwards being disbursed to her through HDFC NEFT and cheques and on 2017 he was paid Rs. 88,630/- on maturity as per scheduled mentioned in their counter version and with contentions, they prayed to dismiss the case.

3. Parties have filed documents in support of their submissions and contentions.  Perused the case record and material documents available therein.  

4. It is an admitted fact that the complainant was issued with the alleged policy bearing no. 19312967 for a term of 6 years with yearly premium of Rs. 50,000/- with flexibility of finance benefit on 16.09.2014, 16.09.2015, 16.09.2016 and Now the question arose that whether the complainant was assured with additional bonus @ 6% p.a. and whether he is entitled the same.

5. We have gone through the documents filed by the parties and ascertained that the O.Ps have not filed any single document like brouchers or any circular like that to show that the alleged policy does not provide any additional bonus.  So also they have neither stated in their counter version nor also raised any dispute regarding the said fact during hearing also.  Whereas the complainant categorically submitted during hearing that the concerned agent has motivated and assured him for availing additional bonus @ 6% p.a. on the total amount, and the said submission of complainant is never challenged by the A/R.  Though the O.Ps have stated that they have paid all the benefits including additional bonus, but miserably failed to obtain any statement from the concerned agent who has obtained the alleged insurance policy from the complainant on behalf of O.Ps and without the statement of concerned agent, the plea of O.Ps cannot sustained.  Whereas, during hearing, the O.Ps have neither challenged nor brought out any contradiction against the submissions of the complainant.Hence we feel, the concerned agent has fraudulently obtained the alleged policy in question by way of mis selling, for which the O.Ps are silent over the said dispute.Since no contradiction brought out, the allegations of complainant remained unrebuttal and remain unchallenged.In this connection, we have fortified with the verdicts of Hon’ble National Commission in the case between Urban Improvement Trust, Bikaner, Rajasthan Vrs Babu Lal and Another, wherein it is held that that “Unrebutted averments shall be deemed to be admitted.”

6. It is also ascertained from the counter version of the O.Ps that the O.Ps have contended that had the complainant is not satisfied with the terms of the insurance policy terms, than he could have closed the policy within free look period.  Herein, we would like to make it clear to the O.Ps that they have forgotten that the complainant has already deposited all the premiums during the entire policy period, hence raising the question of closing of the said policy within free look period is of no value.  And the said fact also indicates that the complainant being assured by the concerned agent, to get every benefits under the policy without discontinuing the policy, has deposited all the premiums with the O.Ps.    

7. As per discussions made above, we feel that the complainant is entitled only the additional vested bonus @ 6% p.a. on total deposited amount.  Hence this order.

                                                                                                    ORDER

        The complaint petition is allowed in part.  The O.Ps being the same organization and insurer, is herewith directed to refund the additional vested bonus @ 6% p.a. on total deposited amount from the 9/2017 to till date of filing of the case alongwith Rs. 3,000/- towards compensation for causing mental agony and financial loss and Rs. 2,000/- towards costs of litigation, within 30 days from the date of receipt of this order, failing which, the additional vested bonus shall carry interest @ 10% from 9/2017 to till payment.

        Pronounced the order in the 0pen Forum on this the 15^t day of April, 2021. 

Issue free copy to the parties concerned.