lIN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No. CC/53/2017.
Date of Filing: Date of Admission: Date of Disposal:
05.04.17 13.04.17 20.08.19
Complainant: Sanat Goswami
S/o Late Radhika Ranjan Goswami,
21/1, Amar Chakraborty Road, PO-Khagra,
PS-Berhampore, Pin-742103
Dist-Murshidabad
-Vs-
Opposite Party: Branch Manager
Reliance Nippon Life Insurance Co. Ltd.
Berhampore Branch,
K.K. Banerjee Road.
PO&PS-Berhampore,
Dist-Murshidabad, Pin-742101
Agent/Advocate for the Complainant : Sri. Towfiq Ahmed Mustafa
Agent/Advocate for the Opposite Party : Sri. Subhas Saha.
Present: Sri Asish Kumar Senapati………………….......President.
Smt. Aloka Bandyopadhyay……………………..Member.
FINAL ORDER
Smt. Aloka Bandyopadhyay, Member.
This is a complaint under section 12 of the CP Act, 1986.
One Sanat Goswami (here in after referred to as the Complainant) filed the case against The Branch Manager, Reliance Nippon Life Insurance Co. Ltd. (here in after referred to as the OPs) praying for compensation alleging deficiency in service.
The sum and substance of the complaint case is as follows:-
The Complainant has taken a Life Insurance Policy for the sum assured of Rs.1,50,000/- commencing from 04.01.2011 for a period of six years. During this six years premium policy period the Complainant has paid Rs.2,07,769/- ( Rs. 34,400/- + Rs. 34,675/-+ Rs. 34,676/- + Rs. 34,676/-+ Rs. 34,675/-+ Rs.34,667/- on 31.12.10, 14.01.12, 14.01.13, 14.01.14, 06.02.15 & 22.01.16 respectively) and during this period the Complainant has received from the OP as money back amounting Rs.1,12,500/- (Rs.37,500/- + Rs.37,500/- Rs.37,500/- on 02.01.14, 02.01.15 & 07.01.16 respectively). In addition to that the Complainant has received Rs.58,560/- on the maturity of the policy. So, the Complainant has received total 1,71,060/- (Rs. 1,12,500/- + Rs.58,560/-) and for that after calculation the Complainant claimed from the OP the excess amount of Rs.36,709/- along with 5% nominal bonus of sum assured of Rs.1,50,000/- for six years which is Rs.45,000/- i.e. total Rs.36,709/- + Rs.45,000/-=Rs. 81,709/-. But the OP avoided to pay the same though legal notice has been served upon the OP, Finding no other alternative the Complainant filed this case before the Forum for appropriate relief.
OP after due service of notice appeared by filing W/V contending inter alia that the case is not maintainable as the term and condition of the premium quotation plan is that in case of Survival Benefit Guaranteed sum assured for last four policy anniversaries would be Rs. 37,500/- being 25% of the sum assured which is Rs.1,50,000/- and on the last anniversary when the policy matures the Complainant would get accumulated reversionary bonus which in this policy amounts to Rs.21,100/- in addition to the guaranteed sum assured being Rs.37,500/- which adds up to Rs.58,560/- in this policy and the OP has paid the same and as such the case is liable to be dismissed.
Now the question arises whether the Complainant is a consumer and the Complainant is entitled to get relief as prayed for?
Decision with reason
Undoubtedly, after purchase of the policy from the OP and on paying the premium amount the Complainant became consumer of the OP Insurance Company as per the Consumer Protection Act, 1986.
It is also admitted that the Complainant has purchased a policy for six years from the OP, Insurance Company on 04.01.11 and the sum assured was Rs.1,50,000/- and the premium installment was settled @ Rs.34,499/- per year. During this six years the Complainant paid Rs.2,07,769/- as premium ( Rs. 34,400/- + Rs. 34,675/-+ Rs. 34,676/- + Rs. 34,676/-+ Rs. 34,675/-+ Rs.34,667/- on 31.12.10, 14.01.12, 14.01.13, 14.01.14, 06.02.15 & 22.01.16 respectively). But as per the petition of complaint the Complainant has received Rs.1,71,060/-Rs. (1,12,500/-+ Rs.58,560/-) from the OP on maturity of the policy.
The O.P stated that as per the Reliance Child Care Plan Policy the sum assured was Rs.1,50,000/- and in case of survival benefit guaranteed sum assured for last four policy anniversaries would be Rs.37,500/- being 25% of the sum assured and on the last anniversary when the policy matures the Complainant would get accumulated reversionary bonus which in this policy amounts to Rs.21,100/- in addition to the guaranteed sum assured being Rs.37,500/- which adds up to Rs.58,500/- in this policy.
It is evident from the case record that the OP paid an amount of Rs.37,500/- in each occasion on 02.01.14, 02.01.15 and 07.01.16 and Rs.58,650/- on 06.01.17 towards guaranteed fixed benefit and accumulated bonus and the same has been admitted by the Complainant. So, as per the terms of the policy contract the OP paid the entire benefit under the said policy by providing Rs.1,71,150,33/- from the OP on maturity of the policy.
Considering the facts and circumstances of the case and argument advanced by both parties, we are of the opinion that there is no deficiency in service on the part of the OP. The OP as per the terms of the policy contract paid the entire benefit under the said policy. Moreover, the Complainant is a well educated and well established person. So, it was his duty before entering into agreement with the O.P to enquire about the policy details and premium calculation along with risk benefit and return. Buyers should be always be ware. Though the OP has filed a petition for settlement regarding refund of premium of Rs. 36,709/- So we are of the opinion that the complainant is entitled to receive Rs. 36,709/- from the O.P. as the O.P. is agreed to pay the said amount.
Reasons for delay
The Case was filed on 05.04.17 and admitted on 13.04.17. This Forum tried its level best to dispose of the case as expeditiously as possible in terms of the provision under section 13(3A) of the CP Act,1986. Delay in disposal of the case has also been explained in the day to day orders.
In the result, the Complaint case succeeds.
Fees paid are correct, Hence, it is
Ordered
that the Consumer Complaint Case No. CC/126/2015 be and the same is hereby allowed on contest against the O.P without cost.
The O.P is directed to pay Rs 36,709/- to the Complainant by 30 days from the date of this order otherwise it shall carry 8% interest p.a from this date till its realisation 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.
Member
Member President.
