IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA,
Dated this the 24th day of April, 2013.
Present : Sri. Jacob Stephen (President)
Smt. K.P. Padmasree (Member)
C.C. No. 187/2012 (Filed on 04.12.2012)
Between:
Prasad Koshy,
Idupadickal House,
Chenneerkara P.O.,
Pathanamthitita. … Complainant.
(By Adv. K.T. Thomas)
And:
1. The Branch Manager,
Reliance Life Insurance Company Ltd.,
Trinity Complex, T.K. Road,
Pathanamthitta.
2. The Regional Manager,
Reliance Life Insurance Ltd.,
First & Second Floor,
Paramount Building,
Opp. To Ayurveda College Junction,
Thiruvananthapuram.
3.The Zonal Operation Manager,
Reliance Life Insurance Company,
28, Centenary Building,
4th Floor, M.G. Road,
Bangalore – 560 001.
4. Bipin Cherian,
Binish Villa, Chenneerkara P.O.,
Pathanamthitta. … Opposite parties.
ORDER
Smt. K.P. Padmasree (Member):
The complainant approached this Forum for getting a relief against the opposite parties.
2. The complainant’s case is that first opposite party is the Branch Manager of Reliance Company and second and third opposite parties are the Regional Manager and Zonal Operation Manager of the said company. 4th opposite party is the advisor of the company who made the complainant to take insurance policy who had collected the premium of Rs.3,00,000/- from the complainant and remitted to the first opposite party office.
3. The complainant took an insurance regular policy with contract No. 10291307 for an assured sum of Rs. 7,50,000/- and he had remitted a premium of Rs. 1,00,000/- in November 2006, Rs. 1,00,000/- in January 2008 and Rs. 1,00,000/- in December 2008. Thus a total sum of Rs. 3,00,000/- was remitted by the complainant as premium. As per the policy conditions, the company is entitled to deduct a maximum of Rs. 12.15 only from every thousand rupees remitted, towards mortality charges from the complainant. Accordingly, the company can deduct a maximum amount of Rs. 3,645/- only as mortality charges. But instead they have deducted an excess amount of Rs. 1,31,509/- as per the statement dated 21.12.2011, furnished by the company. So also the company is entitled to deduct Rs. 10.4% only from the total amount of deductions as service tax whereas they have deducted an amount of Rs. 15,492/- from the account of the complainant. The said excess deductions were made by the company without notice to the complainant which is against the terms and conditions of the policy. In this connection, complainant had filed a written complaint on 23.12.2011 before the Regional Manager which is still remaining unsettled. The above said act of the opposite parties is a clear deficiency in service which caused financial loss and mental agony to the complainant and the opposite parties are liable to the complainant for the same. Hence this complaint for the realization of the excess mortality charge of Rs. 1,31,509.40 and the excess service tax of Rs. 14,859.16 deducted from the complainant’s account along with Rs. 10,000/- as compensation and cost.
4. In this case, opposite parties are exparte.
5. On the basis of the averments in the complaint, the only point to be considered is whether this complaint can be allowed or not?
6. The evidence of this complaint consists of the oral deposition of PW1 based on his proof affidavit and Exts. A1 to A3. After closure of evidence, complainant was heard.
7. The Point: The complainant’s allegation is that he had taken an insurance regular policy of the opposite parties and remitted Rs. 3,00,000/- as premium for the said policy. As per the terms and conditions of the policy, opposite parties are entitled to deduct Rs. 12.15 from every thousand rupees remitted towards mortality charge and Rs. 10.4% for the total deduction as service tax. Accordingly, opposite parties are entitled to deduct only Rs. 3,645/- as mortality charges and Rs. 632.84 as service tax. Instead they have deducted Rs. 1,31,509/- as mortality charge and Rs. 15,492/- as service tax. The said deductions are in excess than the prescribed deductions as per the terms and conditions of the policy. The above said deductions are also made without notice to the complainant. The said act of the opposite parties is a clear deficiency in service. The complaint filed by the complainant against the said illegal deductions was not settled by the opposite parties so far. Hence the complainant prays for allowing this complaint.
8. In order to prove the case of the complainant, complainant filed proof affidavit in lieu of his chief examination along with 3 documents. On the basis of the proof affidavit, complainant was examined as PW1 and the documents produced were marked as Exts. A1 to A3. Ext. A1 is the original policy in the name of the complainant issued by the opposite parties. Ext. A2 is the statement of account dated 21.12.2011 issued by the opposite parties. Ext. A3 is the policy document.
9. Since the opposite parties are exparte, there is no evidence against the complainant’s case and in favour of the opposite parties.
10. On the basis of the allegations and averments and the available materials on record shows that the complainant is a policy holder of the opposite parties and he had already remitted Rs. 3,00,000/- as premium of the said policy. As per Ext. A2 statement of account, it is seen that an amount of Rs. 1,31,509/- and Rs. 15,492/- are deducted from the complainant’s account. According to the complainant, the said deductions in the name of mortality charge and service tax is excess and it is against the terms and conditions of the policy and the said deductions were made by the opposite parties without the consent or knowledge of the complainant. Since the opposite parties are exparte and in the absence of any evidence in favour of opposite parties, the complainant’s case stands proved as unchallenged. So we find that the act of the opposite parties is a clear deficiency of service and the opposite parties are jointly and severally liable to the complainant for the same. Therefore, this complaint is allowable.
11. In the result, this complaint is allowed, thereby opposite parties are directed to return the excess mortality charges of Rs. 1,31,509.40 (Rupees One lakh thirty one thousand five hundred and nine and forty paise only) and the excess service tax of Rs. 14,859.16 (Rupees Fourteen thousand eight hundred and fifty nine and sixteen paise only) collected from the complainant with 10% interest from today till the realization of the whole amount with compensation of Rs. 5,000/- (Rupees Five thousand only) and cost of Rs. 1,000/- (Rupees One thousand only) within 15 days from the date of receipt of this order, failing which the complainant is allowed to realise the whole amount ordered herein above with 12% interest per annum from today till the realization of the whole amount.
Declared in the Open forum on this the 24th day of April, 2013.
(Sd/-)
K.P. Padmasree
(Member)
Sri. Jacob Stephen (President) : (Sd/-)
Appendix:
Witness examined on the side of the complainant:
PW1 : Prasad Koshy.
Exhibits marked on the side of the complainant:
A1 : Policy certificate issued by the opposite parties to the
complainant.
A2 : Statement of Accounts dated 21.12.2011.
A3 : Policy document issued by the opposite parties.
Witness examined on the side of the opposite parties : Nil.
Exhibits marked on the side of the opposite parties : Nil.
(By Order)
(Sd/-)
Senior Superintendent
Copy to:- (1) Prasad Koshy, Idupadickal House, Chenneerkara P.O.,
Pathanamthitita.
(2) The Branch Manager, Reliance Life Insurance Company
Ltd., Trinity Complex, T.K. Road, Pathanamthitta.
(3) The Regional Manager, Reliance Life Insurance Ltd.,
First & Second Floor, Paramount Building,
Opp. To Ayurveda College Junction,
Thiruvananthapuram.
(4) The Zonal Operation Manager,Reliance Life Insurance
Company, 28, Centenary Building, 4th Floor, M.G. Road,
Bangalore – 560 001.
(5) Bipin Cherian, Binish Villa, Chenneerkara P.O.,
Pathanamthitta.
(6) The Stock File.
