Kerala

Pathanamthitta

CC/09/167

SALI THOMAS - Complainant(s)

Versus

Branch Manager - Opp.Party(s)

10 Dec 2010

ORDER

 
Complaint Case No. CC/09/167
 
1. SALI THOMAS
NITHIN NIVAS KOIPURAM PO
Pathanamthitta
Kerala
...........Complainant(s)
Versus
1. Branch Manager
BAJAJ ALLIANZ GENERAL INSURANCE CO LTD. 2ND FLOOR,TMCA BLDF. BAKER JN SASTHRI ROAD
Kottayam
Kerala
2. HEAD OF OPERATIONS
BAJAJ ALLIANZ GENERAL INSURANCE,NO 1078,2ND FLOOR,UNITED CHAMBERS,COIMBATORE-641006
COIMBATORE
TAMILNADU
3. BRANCH MANAGER
BAJAJ ALLIANZ GENERAL INSURANCE,2ND FLOOR,RELISH TOWER,THIRUVALA
Pathanamthitta
Kerala
4. V.JOY
FIELD OFFICER,BAJAJ ALLIANZ INSURANCE,AMRUTHAM,KARUNAGAPALLY-690518
KOLLAM
Kerala
............Opp.Party(s)
 
BEFORE: 
 HONORABLE Jacob Stephen PRESIDENT
 HONORABLE LathikaBhai Member
 HONORABLE N.PremKumar Member
 
PRESENT:
 
ORDER

IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA

Dated this the 22nd day of December, 2010.

Present : Sri. Jacob Stephen (President).

Smt. C. Lathika Bhai (Member)

Sri. N. Premkumar (Member)

 

C.C.No.167/09 & C.C.No.168/09

O.P.No.167/09

Between:

Smt. Sali Thomas,

W/o. Narendran Pillai,

Nithin Nivas,

Koipuram.P.O.,

Pathanamthitta Dist – 689531,

Rep. by P.A. Holder,

M.P. Mohanan Pillai,

Pulimuttathu House,

Koipuram.P.O., Chengannur (Via).

(By Adv. Peelipose Thomas)                                                ....      Complainant.

And:

1.     Branch Manager,

Bajaj Allianaz Life Insurance Co. Ltd.,

2nd Floor, YMCA Building,

Baker Junction, Sasthri Road,

Kottayam – 680 001.

2.     Head of Operations & Customer Servies,

Bajaj Allianz Life Insurance Co. Ltd.,

No.1078, 2nd Floor, United Chambers,

Sathy Road Ganapathy, Coimbatore – 641006.

3.     The Branch Manager,

Bajaj Allianz Life Insurance Co. Ltd.,

2nd Floor, Relish Tower, Thiruvalla – 689 101.

(By Adv.P.R. Jayakumar & Siju Rajan - Opp.No.1 & 3)

4.     Mr. V. Joy, Field Officer,

Bajaj Allianz Life Insurance Co. Ltd.,

Amrutham, Pada North,

Karunagappally – 690 518.

(By Adv. M.K. Suresh Kumar)                                   ....      Opposite parties.

O.P.No.168/09

Between:

Narendran Pillai,

Nithin Nivas,

Koipuram.P.O.,

Pathanamthitta Dist – 689531,

Rep. by P.A. Holder,

M.P. Mohanan Pillai,

Pulimuttathu House,

Koipuram.P.O., Chengannur (Via).

(By Adv. Peelipose Thomas)                                                ....      Complainant.

And:

1.     Branch Manager,

Bajaj Allianaz Life Insurance Co. Ltd.,

2nd Floor, YMCA Building,

Baker Junction, Sasthri Road,

Kottayam – 680 001.

2.     Head of Operations & Customer Servies,

Bajaj Allianz Life Insurance Co. Ltd.,

No.1078, 2nd Floor, United Chambers,

Sathy Road Ganapathy, Coimbatore – 641006.

3.     The Branch Manager,

Bajaj Allianz Life Insurance Co. Ltd.,

2nd Floor, Relish Tower, Thiruvalla – 689 101.

(By Adv.P.R. Jayakumar & Siju Rajan - Opp.No.1 & 3)

4.     Mr. V. Joy, Field Officer,

Bajaj Allianz Life Insurance Co. Ltd.,

Amrutham, Pada North,

Karunagappally – 690 518.

(By Adv. M.K. Suresh Kumar)                                   .....     Opposite parties.

 

COMMON ORDER

 

Sri. N. Premkumar (Member):

 

                   The complainants have filed this complaint against the opposite parties for getting a relief from the Forum.

 

                   The disputes involved in these petitions are one and the same.  Hence these two petitioners were jointly heard and disposed of by way of common order. 

C.C.No.167/09

 

                   Facts of the above case in brief is as follows:-  Opposite parties issued a policy No.0009361754 on the basis of the complainants application for Life Insurance Policy under unit plus Scheme on her life.  Complainant had remitted a total premium of ` 4,50,000 for the above policy as per the details given below:-

Sl.No.

Date

Receipt No.

Sl.No.

Amount

1

24.6.2005

0016734754

2007102

` 1,50,000.00

2

21.6.2006

0035698792

3360775

` 1,50,000.00

3

18.8.2007

0088643028

8013850

` 1,50,000.00

 

 

 

 

` 4,50,000.00

 

                   All the above premium amount were collected by the 4th opposite party.  He used to collect premium cheques and return company issued receipts for the same.

 

                   On 25.6.07 cheque No.194624 and 194625 of Federal Bank Ltd. Arattupuzha Branch signed by complainant’s husband Narendran Pillai for an amount of ` 1,50,000 each (total ` 3,00,000) was entrusted to 4th opposite party for remitting the same towards premium amount in the said policy in the name of complainant and in the policy issued in his own name.  On 28.6.07, the above two cheques were collected through Kuzhikala Branch of Federal Bank Ltd. Rectipt No.0088643006 (Sl.No.8013849) for ` 1,50,000 dated 18.8.07 issued by Pathanamthitta Branch of Bajaj Alliance Life Insurance Co. Ltd. was handed over to the policy holder by 4th opposite party.  Original policy bond was surrendered before 3rd opposite party for complete withdrawal in the month of June 2009.  The request was acknowledged by Dileep. R. Panicker, Assistant Branch Supervisor.  He had acknowledged the receipt of original policy bond also. 

 

                    On 22.7.09 duplicate copy of policy document was returned to complainant with an endorsement that he had stated that original policy bond was not received by him.  This statement made in the duplicate policy document is factually wrong.  Since Thiruvalla Branch had acknowledged the receipt of original policy bond.  No other reason was stated by the company.  On 7.8.2008 a letter without any number and date was sent by 3rd opposite party stating that they are not able to process with the surrender request given by Narendran Pillai and complainant for the reason that both policies are black listed by the company.  A representation was made before the Grievance Cell, Bajaj Alliance Life Insurance Co. Ltd., 5th Floor, Asoka Plaza, Corporate Software Park, Viman Nagar, Pune, Maharastra on 17.8.09.  Till this day they have not sent a reply to the representation.  This act of opposite parties is a clear deficiency of service.  Hence this complaint for getting the surrender value of units remitted with compensation and cost.

 

                   Opposite parties 1 and 2 entered appearance and filed version.  Opposite parties 3 and 4 not appeared.  Hence they were set exparte.

 

                    The 1st and 3rd opposite party filed version stating that complainant has not remitted the 3rd year premium under unit gain plus scheme.  The 4th opposite party not in service from 1st February 2007 and his agency was terminated with effect 23rd June 2007.  The Bajaj Alliance Life Insurance Co. Ltd has never received the payments made by the complainant vide cheque No.194624 and 194625.  It is evident that these cheques were drawn in the name of 4th opposite party and the same was encashed in the personal account of the 4th opposite party.  The company cannot be held responsible for any private transaction between the 4th opposite party and the complainant. Payment made into the personal account of an agent/employee of the company can’t be deemed to be for the purpose of payment of insurance premium and is a clear indication of some private transaction between the policyholder and concerned ex-agent/employee for which the company cannot be held responsible.  The 4th opposite party was terminated from his service and the company is not liable for any of the transaction between the 4th opposite party and the complainant.  They have received a complaint from their policyholder Mrs.Suraja Kumari stating that she and her husband Mr. Mahathwy. P.S made payment vide No.413107 dated 18.8.07 drawn on State Bank of Travancore and the same were not accounted.  After due verification they found that on 18th August 2007, a payment of ` 1,50,000 each was adjusted in the policy bearing 9361754 and 9361778 towards renewal premium against the D.D.No.413107 dated 18.8.07.  They issued letters to provide the proof of payment made by them and sent letters vide registered post on 24.2.09, by courier on 3.3.09, an ordinary letter on 28.2.09 and a fax copy to Sali Thomas on 21.3.09.  However the company has not received any reply for the same.

 

                   Since no proof of payment or renewal of premium was made available to the company they are constrained to cancel the receipt issued to the policy bearing No.9361754 and 9361778 towards renewal premium against the D.D.No.413107 dated 18.8.07.  So as to redress the grievance of the customer who had actually made payment through the D.D.No.413107.  The company had to take steps to black list the policy bearing No.9361754 and 9361778 as the amount was sought to be recovered from the same.

 

                    Since the complaint failed to perform their part and the opposite parties are unnecessarily dragged in the litigation.  There is no deficiency of service from the part of the company.  Therefore, they canvassed for the dismissal of the complaint with cost.

 

                     From the above pleadings, the following points are raised for consideration:

(1)   Whether the complaint is maintainable before the Forum?

(2)   Whether the relief sought for in the complaint are allowable?

(3)   Relief and Costs?

 

           Evidence of the complaint consists of the proof affidavit filed by the complainant’s power of attorney holder along with certain documents.  He was examined as PW1 and the documents produced were marked as Ext.A1 toA7.

 

           Evidence of the opposite parties 1 and 3 consists of the proof affidavit filed by the 1st opposite party along with certain documents.  He was examined as DW1 and the documents produced were marked as Ext.B1 to B5.  After the closure of evidence, both parties were heard.

 

O.P.No.168/09

 

                   The facts of the above complaint in brief is as follows:- Opposite parties has been issued a policy No.0009361778 on the basis of his application for Life Insurance Policy under unit gain plus scheme.  He had remitted a total of Rs.4,50,000 for the above policy as per details given below:- 

                  

Sl.No.

Date

Receipt No.

Sl.No.

Amount

1

24.6.2005

0016734743

2007101

` 1,50,000.00

2

21.6.2006

0035698815

3360776

`  50,000.00

3

21.6.2006

0035699523

3360777

` 1,00,000.00

4

18.8.2007

0088643006

8013849

` 1,50,000.00

 

 

 

 

` 4,50,000.00

 

                    All the above premium amount were collected by the 4th opposite party.  He used to collect premium cheques and return company issued receipts for the same.  On 25.6.07 cheque No.194624 and 194625 of Federal Bank Ltd., Arattupuzha Branch signed by complainant for an amount of ` 1,50,000 each (total ` 3,00,000) was entrusted to 4th opposite party for remitting the same towards premium amount in the above mentioned policy and in the policy issued in the name of Sali Thomas, W/o. complainant.  On 28.6.07 the above two cheques were collected through Kuzhikala Branch of Federal Bank Ltd.  Receipt No.0088643006 (Sl.No.8013849) for ` 1,50,000 dated 18.8.07 issued by the Pathanamthitta Branch of Bajaj Alllianz General Insurance Co. Ltd. was handed over to the policyholder by 4th opposite party.

 

                   Original policy bond was surrendered before 3rd opposite party for complete withdrawal in the month of June 2009.  The request was acknowledged by Dileep. R. Panicker, Asst. Branch Supervisor.  He had acknowledged the receipt of original policy bond also.  On 22.7.09 duplicate copy of policy document was returned to complainant with an endorsement that he had stated that original policy bond was not received by him.  This statement made in the duplicate policy document is factually wrong since 3rd opposite party had acknowledged the receipt of original policy bond.  No other reason was stated by the company.

 

                   On 7.8.09 a letter without any number and date was sent by 3rd opposite party stating that they are not able to process with the surrender request given by complainant and his wife for the reason that both policies are black listed by the company.  A representation was made before the Grievance Cell, Bajaj Alliance on 17.8.09.  Till this day have not sent a reply to the representation.  This act of opposite parties is a clear deficiency of service.  Hence this complaint for getting the surrender value of units remitted with compensation and cost.

 

                   Opposite parties 1 and 2 entered appearance and filed version and took the same contentions as raised in the connected C.C.No.167/09.  Opposite parties 3rd and 4th not appeared.  Hence they were set exparte.  Opposite parties 1 and 2 prayed for the dismissal of the above complaint.

 

                   The point raised in C.C.No.167/09 is settled in this case also.

 

                   The complainant’s power of attorney holder was examined as PW1 and marked Ext.A1 to A8.  On opposite parties side, 1st opposite party was examined as DW1 and the documents produced were marked as Ext.B1 to B6.  These two complaints were jointly heard.

 

                   Point Nos.1 to 3 in C.C.No.167/09:-  In order to prove the complainant’s case, complainant’s power of attorney holder filed proof affidavit along with certain documents.  He was examined as PW1 and the documents produced were marked as Ext.A1 to A7.  Ext.A1 is the power of attorney executed by the complainant.  Ext.A2 is the copy of Life Insurance policy issued by opposite parties to complainant.  Ext.A3 is the receipt of the 1st premium amount of ` 1,50,000 dated 24.6.05 issued by opposite parties to the complainant.  Ext.A4 is the receipt of the 2nd premium amount of ` 1,50,000 dated 21.6.06 issued by opposite parties to complainant.  Ext.A5 is the receipt of the 3rd premium amount of ` 1,50,000 dated 18.8.07 issued by opposite parties to complainant.  Ext.A6 is the copy of letter issued by 3rd opposite party to complainant intimating that Ext.A2 policy has black listed by the company.  Ext.A7 is the copy of complaint dated 14.8.09 sent to Grievance Cell of Bajaj Alliance Life Insurance Co. Ltd. by the complainant.

 

                   In order to prove the 1st and 3rd opposite parties contention, 1st opposite party filed proof affidavit along with certain documents.  He was examined as DW1 and the documents produced were marked as Ext. B1 to B5.  Ext.B1 is the complaint of Suraja Kumari stating that she and her husband Mahatway made payment on 18.8.07 drawn on State Bank of Travancore and the same were not accounted.  Ext.B2 is the another complaint of Suraja Kumary pertaining to the Ext.B1 complaint.  Ext.B3 is the registered letter dated 24.2.09 sent to complainant, which is not accepted and a returned envelop.  Ext.B4 is the letter dated 3.3.09 by courier.  Ext.B5 is the certificate from S.B.T., Elavumthitta Branch. 

 

                   On the basis of the contention and averment of the parties, we have perused the entire material on record.  Complainant’s case is that she joined the life insurance policy under unit gain plus scheme of the opposite parties and remitted an amount of ` 4,50,000 by way of premium amount of ` 1,50,000 each in three consecutive years.  For withdrawing the amount complainant submitted an application for surrendering the policy.  But opposite parties rejected the surrender request by intimating that the policy is black listed by them due to non-payment of 3rd premium amount.  Complainant has made a representation before the Grievance Cell of opposite parties.  But no response.  Hence this complaint.  According to opposite parties 1 and 3, the complainant has not remitted the 3rd year premium under unit gain plus scheme.  Though the opposite parties issued letters to provide the proof of payment made by the complainant, but received no reply.  Hence they cancelled the receipt issued in the policy.

 

                   On a perusal of Ext.A3,A4 and A5 it is learned that opposite parties had received the amounts of ` 1,50,000 on 24.6.05, ` 1,50,000 on 21.6.06 and ` 1,50,000 on 18.8.07.  There is no case that Ext.A5 has not issued by opposite parties.  DW1 also admitted that Ext.A5 has issued by them in his deposition which is as follows:-

 

                   Ext.A5 shown to DW1 and questioned, “CXv R§fpsS ]¯\wXn« BranchþÂ \n¶pw issue sNbvXn«pÅXmWv”.

 

                   Another allegation of opposite parties 1 and 3 is that they had received a complaint from the policy holder, Suraja Kumary that she and her husband Mahatway.P.S. made payment on 18.8.07 drawn on State Bank of Travancore were not accounted.  According to them, they informed the complainant to submit proof of payment in 3rd premium.  But complainant was in abroad and evidence revealed that she has not get any intimation.  But opposite parties’ contention is that they are constrained to cancel the receipt issued to the complainant’s policy No.9361754 towards renewal premium against the D.D.No.413107 dated 18.8.07 and thereby resolved the grievances as per Ext.B1 and B2.

 

                   On going through the material on record, we cannot find that the payment of Ext.P5 is from D.D.No.413107.  DW1 also admitted that he is incapable of stating the mode of payment in remitting the premium of Ext.P5.  His deposition is as follows:-

 

                   “Ext.P5 receipt þ premium F§s\bmWv AS¨ncn¡p¶sX¶v tcJs¸Sp¯nbn«nÃ. Ext.A5 {]Imcw  F§s\bmWv premium AS¨sX¶v F\n¡v ]dbm³ Ct¸Ä IgnbnÃ.  System t\m¡nbm ]dbmw.  ]WaÃmsX Cheque, D.D, Transfer aptJ\ premium AS¨m AXnsâ ckoXnsâ validity C{]ImcapÅ transaction complete BbXn\p tijtabpÅp.  GXp coXnbnemWv premium AS¨sX¶v verify sN¿m³ IqSnbmWv receiptþ tcJsÃSp¯p¶Xv.  Special endorsement receiptþ Csæn premium amount In«nsb¶mWv AÀ°w”. 

 

                   The genuineness of Ext.B5 and its alleged link with Ext.A5 are failed to establish by the opposite parties in their evidence.  No part of the deposition of DW2 goes in favour of opposite parties case which is as follows:-

 

                   “Ext.B5þ ]dbp¶ D.DþbpsS XpI BcpsS accountþ \n¶v hchv h¨p F¶v ]dbm³ F\n¡v Ct¸mÄ IgnbnÃ.  Ext.B5 issue sNbvX Asst. Manager Ct¸mgpw serviceþ D­v.  Cu kwKXn¡v Bankers Book evidence {]ImcapÅ certificate \evInbn«nÃ.  Ext.B5þ true copy BsW¶v Rm³ certify sNbvXn«nÃ.   Ext.B5þsâ original ambn Rm³ photocopy (Ext.B5) compare sNbvXn«nÃ.  Hcp Znhkw ]¯v ]Xn\©v D.DþIÄ  issue sN¿mdp­v.  Ahsbms¡ F¶v credit sNbvsXt¶m GXv Bank te¡v t]msbt¶m HmÀ½bn \n¶pw ]dbm³ IgnbnÃ.”.

 

                   Evidence on record shows that complainant entrusted the premium to 4th opposite party by issuing cheque.  As a service, 4th opposite party remitted the amount and opposite parties issued Ext.A5.  According to the complainant, Ext.A3 and A4 premium payment were also made through 4th opposite party.  Opposite parties 1 and 3 admit that 4th opposite party was their approved agent and they had received ` 80,00,000 as premium through his agency work.  Though the 4th opposite party is said to have terminated, the same was not intimated to complainant or the public.  Material on record does not show anything regarding the termination during the Ext.A5 remittance period.  Moreover even find any fault on 4th opposite party’s part same has to be compensated by other opposite parties as per master and servant rule.

 

                   From the overall facts and circumstances and the available evidence on record, we cannot come to a conclusion that the payment of 3rd premium i.e. Ext.A5 remittance is from Ext.B5.  Moreover, opposite parties failed in their attempt to disprove the complainant’s case.  Therefore non-payment of surrender value of Ext.A2 policy is unjust, illegal, malafide and against the spirit of consumer justice.  It is a clear deficiency of service and complaint is maintainable before this Forum.  Hence opposite parties 1 to 3 are liable to pay surrender value with compensation and cost.  Since the 4th opposite party is agent of the company, he is exonerated from paying any liability.

            Point Nos.1 to 3 in C.C.No.168/09:-  In order to prove the complainant’s case, complainant’s power of attorney holder filed proof affidavit along with certain documents.  He was examined as PW1 and the documents produced were marked as Ext.A1 to A8.  Ext.A1 is the power of attorney executed by the complainant.  Ext.A2 is the copy of life insurance policy issued by opposite parties to complainant.  Ext.A3 is the receipt of the 1st premium amount of ` 1,50,000 dated 24.6.05 issued by opposite parties to complainant.  Ext.A4 is the receipt of the premium amount of ` 1,00,000 dated 21.6.06 issued by opposite parties to complainant.  Ext.A5 is the receipt of the premium amount of ` 50,000 dated 21.6.06 issued by the opposite parties to complainant.  Ext.A6 is the receipt of the 3rd premium amount of ` 1,50,000 dated 18.8.07 issued by opposite parties to complainant.  Ext.A7 is the copy of letter issued by 3rd opposite party to complainant intimating that Ext.A2 policy has blacklisted by the company.  Ext.A8 is the copy of complaint dated 14.8.09 sent to Grievance Cell of Bajaj Alliance Life Insurance Co. Ltd. by complainant.

 

          In order to prove the 1 and 3 opposite parties’ contention, 1st opposite party filed proof affidavit along with certain documents.  He was examined as DW1 and the documents produced were marked as Ext.B1 to B6.  Ext.B1 is the complaint of Suraja Kumary stating that she and her husband Mahatway made payment on 18.8.07 drawn on State Bank of Travancore and the same were not accounted.  Ext.B2 is the another complaint of Suraja Kumary pertaining to the Ext.B1 complaint.  Ext.B3 is the registered letter dated 24.2.09 sent to complaint, which is not accepted and a returned envelop.  Ext.B4 is the another letter to complainant.  Ext.B5 is the receipt of courier.  Ext.B6 is the certificate from S.B.T. Elavumthitta Branch.

 

          On the basis of the contention and averment of the parties, we have perused the entire material on record.  Complainant’s case is that he joined the Life Insurance Policy under unit gain plus scheme of the opposite parties and remitted an amount of ` 4,50,000 by way of premium amount.  For withdrawing the amount complainant submitted an application for surrender the policy.  But opposite parties rejected the surrender request by intimating that the policy is black listed by them due to non-payment of 3rd premium amount.  Complainant has made a representation before the Grievance Cell of opposite parties.  But no response.  Hence this complaint.  According to opposite parties 1 and 3, the complainant has not remitted the 3rd year premium under unit gain plus scheme.  Though the opposite parties issued letters to provide the proof of payment made by the complainant, but received no reply.  Hence they cancelled the receipt issued in the policy.

 

                   On a perusal of Ext.A3,A4,A5 and A6 it is learned that opposite parties had received the amount of ` 1,50,000 on 24.6.05, ` 1,00,000 on 21.6.06 and Rs. 50,000 on 21.6.06 and Rs.1,50,000 on 18.8.07.  There is no case that Ext.A6 has not issued by opposite parties.  DW1 also admitted that Ext.A6 has issued by them in his deposition.

 

                   Another allegation of opposite parties 1 and 3 is that they had received a complaint from the policy holder, Suraja Kumary that their payment made on 18.8.07 drawn on State Bank of Travancore were not accounted.  According to them, they informed the complainant to submit proof of payment in 3rd premium.  But complainant was in abroad and evidence revealed that he has not get any intimation.  But opposite parties contention is that they are constrained to cancel the receipt issued to complainant’s policy No.9361778 towards renewal premium against the D.D.No.413107 dated 18.8.07 and thereby resolved the grievances as per Ext.B1 and B2.

 

                   On going through the material on record we cannot find that the payment of Ext.P6 is from D.D.No.413107.  DW1 also admitted that he is incapable of stating the mode of payment in remitting the premium.  This fact is clear in DW1’s deposition, which is stated in C.C.No.167/09.

 

                   The genuineness of Ext.B6 and its alleged link with Ext.A6 is failed to establish by the opposite parties in their evidence.  No part of the deposition of DW2 goes in favour of opposite parties’ case which is stated in C.C.No.167/09.

 

                   Evidence on record shows that complainant entrusted the premium to 4th opposite party by issuing cheque.  As a service 4th opposite party remitted the amount and opposite parties issued Ext.A6.  According to complainant, Ext.A3, A4 and A5 premiums payment were also made through 4th opposite party.  Opposite parties 1 and 3 admit that 4th opposite party was their approved agent and they had received ` 80,00,000 as premium through his agency work.  Though the 4th opposite party is said to have terminated, the same was not intimated to complainant or the public.  Mateiral on record does not show anything regarding the termination during the Ext.A6 remittance period.  Moreover even find any fault on 4th opposite parties part, the same has to be compensated from other opposite parties as per master and servant rule.

 

                   From the overall facts and circumstances and the available evidence on record, we cannot come to a conclusion that the payment of 3rd premium i.e. Ext.A6 remittance are from Ext.B6.  Moreover, opposite parties failed in their attempt to disprove the complainant’s case.  Therefore non-payment of surrender value of Ext.A2 policy is unjust, illegal, malafide and against the spirit of consumer justice.  It is a clear deficiency of service and complaint is maintainable before this Forum.  Hence opposite parties 1 to 3 are liable to pay surrender value with compensation and cost.  Since the 4th opposite party is agent of the company, he is exonerated from paying any liability.

 

                   In the result, the above two complaints are disposed of in the following terms:-

 

                   Opposite parties 1 to 3 in C.C. No.167/09 are directed to return the amount of ` 4,50,000 (Rupees Four Lakh Fifty Thousand only) with a compensation of ` 15,000 (Rupees Fifteen Thousand only) and a cost of ` 5,000 (Rupees Five Thousand only) to the complainant therein.  The amount so awarded is to be paid within 15 days from the date of receipt of this order, failing which the whole amount will follow 10% interest from this date till the realisation of the whole amount.

 

                    Opposite parties 1 to 3 in C.C. No.168/09 are directed to return the amount of ` 4,50,000 (Rupees Four Lakh Fifty Thousand only) with a compensation of ` 15,000 (Rupees Fifteen Thousand only) and a cost of ` 5,000 (Rupees Five Thousand only) to the complainant therein.  The amount so awarded is to be paid within 15 days from the date of receipt of this order, failing which the whole amount will follow 10% interest from this date till the realisation of the whole amount.

 

                   Declared in the Open Forum on this the 22nd day of December, 2010.

                                                                                                        (Sd/-)

                                                                                                N. Premkumar,

                                                                                                     (Member)

Sri. Jacob Stephen (President)                  :         (Sd/-)

Smt. C. Lathika Bhai (Member)              :         (Sd/-)

Appendix:

C.C.No.167/09

Witness examined on the side of the complainant:

PW1  :  M.P. Mohanan Pillai

Exhibits marked on the side of the complainant:

A1     :  Power of attorney executed by the executant Sali Thomas. 

A2     :  Life Insurance policy issued by opposite parties to complainant. 

A3     :  Photocopy of receipt of the 1st premium amount dated 24.6.05 for 

             ` 1,50,000 issued by opposite parties to the complainant. 

A4     :  Photocopy of the receipt of the 2nd premium amount dated 21.06.06 

             for ` 1,50,000 issued by opposite parties to complainant. 

A5     :  Photocopy of the receipt of the 3rd premium amount dated 18.8.07 

             of ` 1,50,000 issued by opposite parties to complainant. 

A6     :  Photocopy of letter issued by 3rd opposite party to complainant. 

A7     :  Photocopy of complaint dated 14.8.09 sent by the complainant to 

             Grievance Cell of Bajaj Alliance Life Insurance Co. Ltd.

Witness examined on the side of the opposite parties:

DW1 :  Krishnakumar. R.

DW2 :  Rajendran Nair. P.

Exhibits marked on the side of the opposite parties:

B1     :  Letter dated 27.1.09 sent by Suraja Kumari to the 1st opposite 

             party. 

B2     :  Letter dated Nil. sent by Suraja Kumari to the 1st opposite 

             party. 

B3     :  Returned Registered letter sent by 1st opposite party to the 

               complainant. 

B4     :   Returned letter sent by the 1st opposite party to the complainant by 

              courier. 

B5     :  Certificate from S.B.T., Elavumthitta Branch. 

C.C.No.168/09

Witness examined on the side of the complainant:

PW1  :  M.P. Mohanan Pillai

Exhibits marked on the side of the complainant:

A1     :  Power of attorney executed by the executant Narendran Pillai.

A2     :  Life Insurance policy issued by opposite parties to complainant. 

A3     :  Photocopy of receipt of the 1st premium amount dated 24.6.05 for 

             ` 1,50,000 issued by opposite parties to the complainant. 

A4     :  Photocopy of the receipt of the 2nd premium amount dated 21.06.06 

             for ` 1,00,000 issued by opposite parties to complainant. 

A5     :  Photocopy of the receipt of the 3rd premium amount dated 21.6.06 

             of ` 50,000 issued by opposite parties to complainant.

A6     :   Photocopy of the receipt of the 3rd premium amount dated 18.8.07 

             of ` 1,50,000 issued by opposite parties to complainant.

A7     :  Photocopy of letter issued by 3rd opposite party to complainant. 

A8     :  Photocopy of complaint dated 14.8.09 sent by the complainant to  

             Grievance Cell of Bajaj Alliance Life Insurance Co. Ltd.

Witness examined on the side of the opposite parties:

DW1 :  Krishnakumar. R.

DW2 :  Rajendran Nair. P.

 

 

 

Exhibits marked on the side of the opposite parties:

B1     :  Photocopy of letter dated 27.1.09 sent by Suraja Kumari to the 1st 

             opposite party.

B2     :   Photocopy of letter dated Nil. sent by Suraja Kumari to the 1st 

               opposite party. 

B3     :    Returned Registered letter sent by 1st opposite party to the 

               complainant. 

B4     :   Returned letter sent by the 1st opposite party to the complainant by 

              courier. 

B5     :  Photocopy of the receipt of Courier. 

B6     :  Photocopy of certificate from S.B.T. Elavumthitta Branch.

                                                                                                (By Order)

 

 

                                                                                  Senior Superintendent.

 

 

Copy to:- (1) M.P. Mohanan Pillai, Pulimuttathu House, Koipuram.P.O.,       

                       Chengannur (Via).

                 (2) Branch Manager, Bajaj Allianaz Life Insurance Co. Ltd.,

             2nd Floor, YMCA Building, Baker Junction,  Sasthri Road,

             Kottayam – 680 001.

       (3) Head of Operations & Customer Servies,

             Bajaj Allianz Life Insurance Co. Ltd.,  No.1078, 2nd Floor,   

             United Chambers, Sathy Road Ganapathy,

             Coimbatore – 641006.

       (4) The Branch Manager, Bajaj Allianz Life Insurance Co. Ltd.,

             2nd Floor, Relish Tower, Thiruvalla – 689 101.

(5)  Mr. V. Joy, Field Officer, Bajaj Allianz Life Insurance Co. Ltd.,

            Amrutham, Pada North, Karunagappally – 690 518.

       (6) The Stock File.

 

 

 

 

                                     

 

  

      

 

 

 

 
 
[HONORABLE Jacob Stephen]
PRESIDENT
 
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