Complaint filed on: 04-05-2016

                                                      Disposed on: 27-07-2016

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM,

OLD DC OFFICE COMPOUND, TUMAKURU-572 101

CC.No.67/2016

DATED THIS THE 27^th DAY OF JULY 2016

PRESENT

SMT.PRATHIBHA. R.K. BAL, LLM, PRESIDENT,

SRI.D.SHIVAMAHADEVAIAH, B.A, LLB, MEMBER

SMT.GIRIJA, B.A, LADY MEMBER

Complainant: -

                                        Prakash Muttappa

Mundinamani,

                                        Rabakavi, Galagali post,

                                        Bilagi Taluk, Bagalkot

District, Karnataka State

V/s

Opposite party:-       

                                        The Branch Manager,

                                                PACL Limited (Purls),

                                                Mahalakshmi Associates,

                                                #122/71, 2^nd Floor, Opp. Govt.

Polytechnic College, BH Road, Tumakuru-03

ORDER

SMT.PRATHIBHA. R.K. PRESIDENT

        This is a complaint filed by the complainant against the Opposite party, under Section 12 of the Consumer Protection Act, 1987. The complainant prays to direct the OP to pay agreed policy matured amount Rs.90,920=00 and to pay Rs.7,170=00  towards policy interest from 21-1-2015 and to pay Rs.10,000=00 and Rs.50,000=00 towards cost of this litigation and physical and mental agony respectively in total a sum Rs.1,68,090=00.

2. The brief facts of the complaint is as under.

The complainant submits that, the complainant had obtained the policy bearing No.U271040109 from OP by paying monthly premium amount of Rs.1,000=00 in 66 installments from 25-7-2009. The above said policy matured on 25-1-2015 for a sum of Rs.90,920=00. The complainant further submits that, to get back the matured policy amount on 20-1-2015 the complainant submitted the e-stamp paper requesting to give matured policy amount along with original documents. But the OP has not refunded the matured policy amount. Hence, the complainant got issued the legal notice dated 16-3-2016 to OP, but the OP has not settled the matured amount nor replied the legal notice of complainant. Hence, the present complaint is filed.     

3. The OP has refused to take notice issued by this Forum, hence notice issued to the OP deemed to be served. The OP has not appeared before this Forum and thereby the OP was placed ex-parte.

4. The complainant has filed affidavit evidence to support his case and also produced some documents. Heard the arguments and then posted the case for orders.

        5. Based on the above materials, the following issues will arise for our consideration.

1. Whether there was deficiency in service on the part of the OP as alleged by the complainant?

2. What Order?

6.     Our answer to the above issues are as under:-

Issue No.1        :       In the Affirmative

Issue No.2        :       As per final order below

REASONS

7. Issue No.1: The complainant has firmly stated oath in his affidavit that, on 27-07-2009 the complainant had obtained the policy bearing No.U271040109 from OP by paying monthly premium amount of Rs.1,000=00 in 66 installments. The above said policy has matured on 25-1-2015 for a sum of Rs.90,920=00. On 20-1-2015 the complainant has submitted the original policy document to the OP for grant of matured policy amount, but the OP has not granted the matured policy amount. On 16-3-2016 the complainant got issued the legal notice to OP, but the OP has not settled the matured amount nor replied the legal notice of complainant.

8. The OP has not appeared in the instant case though the notice was duly served and thereby the OP remained Ex-parte, in the sense, the OP either admits the averments in the complaint in toto or they have nothing to say contrary to the complaint averments if the matter is viewed on this line, it proves that the OP has agreed the same impliedly.  Based on the above, we have no legal impediment to disbelieve the say of the complainant that, he has established the deficiency in service on the part of OP. Hence, there is deficiency in service on the part of OP.  Accordingly, we answer point No.1 in the Affirmative.

9. Issue No.2: In the result, the OP is liable to pay matured policy amount of Rs.90,920=00 to the complainant, if the OP failed to pay the matured policy amount as per the policy, the OP is liable to pay matured policy amount Rs.90,920=00 together with interest @ 9% PA from the date of maturity of the policy to till the date of realization. Further the complainant is entitled for the litigation cost of Rs.3,000/-.  Accordingly, we proceed to pass the following:-  

ORDER

The complaint filed by the complainant is partly allowed.

The OP is directed to pay the matured policy amount of Rs.90,920=00 to the complainant, failing which, the OP shall pay the said amount to the complainant along with 9% interest per annum from the date of maturity of the policy to till the date of realization.

The OP is further directed to pay Rs.3,000=00 to the complainant towards litigation cost.   

This order is to be complied by the OP within 45 days from the date of receipt of this order.

          Supply free copy of this order to both parties. 

          (Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open forum on this, the 27^th day of July 2016).

MEMBER                     MEMBER                   PRESIDENT