The Complainant filed this case u/s 12 of C.P. Act, 1986 (as amended upto date).

The case in brief is that the Complainant purchased a policy from TATA AIG LIFE INSURANCE CO. LTD. namely “TATA AIG INSURANCE APEX PLUS” by paying consideration of Rs.50,000/- and Tata Aig Life Insurance Co. Ltd; Bankura Branch (The O.P.No.1) has issued two initial premium receipts of Rs.30,000/- and Rs.20,000/- each for the same.

But O.P. No.3 and 4 sent policy documents of “TATA AIG INSURANE GOLD PLUS” bearing policy no. U 672947384 instead of “TATA AIG LIFE INSURANCE APEX PLUS.”  The Complainant intimated the matter to the O.P. No.1 and submitted the policy bond for cancellation of that policy.  The O.P. No.1 advised the Complainant to contract with Grievance Redressal Cell of the Company (The O.P. No.2).  Accordingly the Complainant intimated the fact and raised objection through telephone and e-mail for their wrongful issuance of policy.  The Complainant also sent letters through e-mail to the customer care of TATA AIG LIFE INSURANCE CO. LTD. several times.  The O.P. No.2, 6 and 7 had replied the e-mail of the Complainant and after several conversation the O.P. Company assured to settle the matter within ten days but did not pay any heed and after three years the O.P. company refunded the amount of Rs.50,000/- directly to the Complainant’s account after cancelling the policy.  But they have not paid any interest upon that amount.                     

The Complainant sent advocate’s notice demanding the interest of 24% over the amount of Rs.50,000/- for three years but the O.Ps. did not pay any heed.  Hence this case.  The Complainant prayed for reliefs as per the Complaint.

            O.P. No.1 to 7 contested the case by filing single written version contending inter-alia that the Complainant had applied for policy number U672718681 i.e. for “Invest Assure Apex Plus”with premium paying term of 3 years and premium amount of Rs.50,000/- each and paid the initial premium through cheque bearing number 608890 amounting to Rs.30,000/- and cheque number 177209 amounting to Rs.20,000/- but cheque no.177209 got dishonored and due to non-payment of premium within the time framed the said policy was closed.  The O.P. company again said that a new policy bearing no. 672947384 has been  issued in the name of the Complainant as per the written request of the Complainant and after receiving of the dully filled up and signed application form by the Complainant and accordingly the policy documents has been sent to the Complainant on 03-06-2010.  The O.Ps. also stated that the said application form has been signed by the Complainant after fully reading and understanding the terms and conditions of the plan and the Complainant did not apply for the cancelation of the policy within free look in period of 15-days rather he applied for cancellation after one year from the date of

receiving the policy i.e. from 28-05-2010, yet as a service gesture the O.P. company cancelled the said policy and refunded the amount paid by the Complainant i.e. Rs.50,000/- through NEFT.  The O.Ps. further stated that the Complainant is  entitled to get any interest as alleged and prayed for dismissal of the instant case.

The O.P. filed evidence by way of affidavit along with Xerox copies of some documents. The Complainant filed written argument along with some documents.

We have heard Ld. Lawyer for both parties in detail and pursued the documents carefully.  The main fact of the case is that the Complainant paid Rs.50,000/- to the O.P. company as premium for purchasing a certain insurance policy but the O.P. Company had issued another policy bond in the name of the Complainant. It is admitted that the Complainant made application to cancel the said policy and after long correspondence the O.Ps. have cancelled the said policy and refunded the amount paid by the Complainant through NEFT in the Complainants account after three years without any interest.

The Complainant claimed interest for the three years upon the amount paid by him to the O.Ps.   Now the only point we have to decide whether the Complainant is entitled to get any interest upon the amount paid by him to the O.Ps. or not.

At the time of the argument the Complainant stated that he had purchased the policy namely “TATA AIG LIFE INSURANCE APEX PLUS” and accordingly paid Rs.50,000/- before O.P. No.1 on 29-03-2010 and two initial premium receipts of Rs.30,000/- and Rs.20,000/- had been issued by O.P. No.1. But instead of “TATA INSURANCE APEX PLUS” policy, the O.P. No.3 and 4 had sent a policy document namely “TATA AIG LIFE INSURANCE GOLD PLUS” dated 28-05-2010.  The Complainant again stated that he had intimated the matter to the O.P. Company soon after receiving the document and sent a letter and policy bond to the O.P. Company on 09-07-2010 and after long correspondence the O.P. Company had cancelled the said policy and refunded the amount after 3-years without any interest.

In this regard the O.Ps. stated that initially the Complainant had applied for “TATA AIG LIFE INSURANCE APEX PLUS” and paid the initial premium through cheque bearing no. 608890 amounting to Rs.30,000/- and cheque no. 177209 amounting to Rs. 20,000/-. But

cheque no.177209 got dishonored and due to non-payment of premium within the  time framed the said policy was closed.

We have verified the initial premium receipts submitted by the Complainant.  It is clear from receipt number ID0885822 and receipt number IDo885942 that Complainant paid Rs.30,000/- through cheque no.608890 dated 27-03-2010 and Rs.20,000/- through cheque no.177209 dated 27-03-2010 for TATA AIG LIFE INVEST ASSURE APEX PLUS and the O.P. Company issued that two receipts with proper endorsement of the cashier of the Company as “RECEIVED”.  It is not believable that without receiving the amount the cashier of the O.P. Company issued two receipts with signature and seal as “RECEIVED”.  So, the contention of the O.P. that cheque no.177209 of Rs.20,000/- got dishonored and due to non-payment of premium within the time framed the said policy was closed is not tenable at all.

Moreover, the O.P. Company again said that a new policy bearing no.672947384 has been issued in the name of the Complainant as per the written request of the Complainant and after receiving the duly filed up and signed application form by the Complainant and accordingly the policy documents has been sent to the Complainant on 03-06-2010. 

             The O.Ps. also stated that the said application form has been signed by the Complainant after fully reading and understanding the terms and conditions of the plan.

In this regard the email dated 09-02-2012 shows that the Complainant informed the O.Ps. that he never applied or signed any documents for TATA AIG INVEST ASSURE GOLD PLUS and the fact is a matter of forgery.  The letters dated 13-02-2012, 27-04-2012 and 23-04-2013 issued by the Grievance Redressal Cell of the O.P. Company reveals that the O.P. Company have investigated and examined the matter thoroughly after receiving thecomplaint from the Complainant and finally the letter dated 30-07-2013 issued by the Grievance Redressal Cell of the O.P. Company shows that they have accepted the request of the Complainant post conducting due examination and have cancelled the policy accordingly.  Therefore, the pleading of the O.Ps.that the new policy namely “TATA AIG INVEST ASSURE GOLD PLUS” has been issued after receiving the duly filed and signed application form by the Complainant is not correct and acceptable.

Therefore, from the above discussions it is clear that the Complainant never applied for TATA AIG INVEST ASSURE GOLD PLUS policy and the O.P. Company illegally issued the same and arbitrarily hold the money for three years which has been paid by the Complainant for TATA AIG INVEST ASSURE APEX PLUS.  So, the O.Ps. Are bound to pay the interest upon that amount for the holding period.

So, there is deficiency in service on the part of the O.ps and Complainant is entitled to get interest upon his money.  Thus the case stands in favour of the Complainant.  Proper fees have been paid.

Hence, it is  

                                                               Ordered

That the C. C. no.152 of 2014 be and the same is allowed on contest against the O.Ps.

The O.Ps. are hereby jointly and severally directed to pay the interest upon Rs.50,000/- to the Complainant @ of 9% p.a.  from the date of purchasing the policy i.e. from 29-03-2010 till the date of refunding the amount i.e. 15-10-2013.

The O.Ps. are also directed to pay Rs.3,000/-  as litigation cost to the complainant.  All such payment shall be made within one month from the date of receiving this order failing which the Complainant shall be at liberty to execute this order as per the law and procedure.

Copy of this order should be supplied to the parties each free of cost.