DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KANDHAMAL, PHULBANI

                                                                                C.C.NO.13 OF 2021

Sri.  Baiba Behera

S/O: Late Indra Behera

AT-Nedrikhol,

PO/PS- Khajuripada, Dist- Kandhamal.                ……………………….. Complainant.

                                Versus.

1. Branch Manager,

SBI Life Insurance Company Ltd.

AT- 2^nd Floor, Ganesh Bazar, Main road

PO/PS- Phulbani Town

DIST- Kandhamal             

2. General Manager/ Authority

SBI Life Insurance Company Ltd. Service Branch

Bhubaneswar PC, 2^nd Floor, Stock Exchange Bhawan,

P 2 Jayadev Vihar, Chandrasekharpur

Bhubaneswar-751023   

3. Branch Manager,

State Bank Of India, Phulbani Branch

At- Main Road

PO/PS- Phulbani town  

DIST- Kandhamal              …………………………….. OPP. Parties.

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Present: Sri Purna Chandra Mishra    - President.

                 Sri Sudhakar Senapothi     - Member.

For the Complainant: Himself

For O.P.1- & 2- Biraja Prasad Nahak, Adv.

For O.P.3-  Sidheswar das, Adv.

Date of Argument:  20.06.2022

Date of Order:  30-06-2022

JUDGEMENT

Mr. Sudhakar Senapothi, Member          

The complainant Sri. Baiba Behera has filed this case U/S 35  of C.P Act, 2019 alleging  deficiency of service and unfair trade practice on part of the OPs for non-payment of his deposited amount with accrued bonus and praying therein for direction to OPs to refund the remaining amount as per calculation and bonus with interest @ 18% P.A after deducting a sum of Rs.2,38,1808/- from 23.10.2020 till it is paid to him and for payment of compensation of Rs.50,000/- and Rs.10,000/- towards cost of litigation.

1. Brief fact leading to the case is that the petitioner had purchased one insurance policy from SBI Life Insurance Company Ltd.  under the scheme SBI Life Smart money back gold for a term of 12 years. The number of policy has 1NO 62056004. The policy was purchased on 2^nd November 2016 and the yearly premium was Rs. 15,487/- 8NP. He deposited two installments in time and due to unavoidable circumstance deposited the premium for the 3^rd & 4^th year totally with fine amounting to Rs.34, 383. Because of financial crunch, he had to surrender the policy and the OP paid a sum of Rs. 23, 818.08 on 23.10.2020. It is settled principle that after 3years, if the policy is surrender, the policy holder shall be entitled to get back the total premium deposited along with the accrued bonus which the OP did not do in spite of written and verbal complaints for which he has filed this case before this Commission to get the reliefs as prayed for in the complaint petition.

2. After receipt of notice all the parties appeared through their respective advocates. OP No.3 filed his written statement but OP No. 1 & 2 did not file the written statement in time.

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3.  OP No.3 at a very belated stage filed his written statement on dtd. 24.06.2022 when the case is posted for orders. As the written statement was filed beyond the stipulated period of 45 days the written statement was not accepted. Besides, this Commission has no authority to recall its     order for which the written statement filed by OP NO. 1 & 2 is rejected.

4.  The OP No.3 in his written statement denied the allegations in general and prayed for dismissal of the case against them. The complainant in support of his case has filed the copy of the application made to the OP Company on dtd.09.11.2020, receipt issued by the OP for the premium, copy of the insurance policy. None of the parties have adduced any oral evidence in support of their case.

5. The only point for adjudication is whether the petitioner is entitled to get back      deposited premium and accrued bonus thereon? On perusal of the letter, nothing is found on record where from it can be assessed that what will be exact amount? It is settled principle         of law that where the OP appears but did not challenge the allegation/ claims of the petitioner, it is deemed to have been admitted by them. In the instance case the OP No. 1 & 2 appear through their advocates and did not   raise any objection to the claims made by the petitioner. So, we are of the  opinion that the insurance company i.e. SBI Life Insurance Company Ltd. is liable to pay the amount as claimed by the petitioner and sitting over his complaint for which they have caused deficiency in service and are liable for causing harassment to the petitioner and hence the order.

ORDER

The complaint petition is allowed on contest against OP No.1 & 2 and dismissed against OP No.3. The OP No.1 & 2 i.e. SBI Life Insurance Company is directed to calculate the accrued bonus of the entire deposited premium deposited by the complainant and after calculation of the bonus the OPs are directed to add all the premiums with the bonus and deduct a sum of Rs. 23818.08 is to be paid to the complainant. The OPs are further directed to pay a sum of Rs.20, 000/- towards deficiency in service and harassment and a sum of Rs.5000/- towards the cost of litigation. The order is to be complied with in a period of 30 days from the date of receipt of this order.                               

                I Agree

                PRESIDENT                                                                                          MEMBER

Pronounced in the open Commissioner today on this 30 day of June 2022 in the presence of the parties.

             PRESIDENT                                                                                               MEMBER