:    J U D G M E N T    :

The brief fact of the case is that the complainant purchased an insurance policy from OPs through authorized agent Ratan Dey vide policy No. 15087709 dtd. 18.08.09 for the term of 10 years wherein the sum assured was Rs. 50,000/-.  At the time of opening of the policy, the agent said to the complainant that he shall pay one time investment of Rs. 10,000/-  and he will get  Rs. 20,000/- after expiry of six years from the date of purchasing of said policy.  Thereafter, suddenly OPs sent a cheque of Rs. 5,233.80 as surrender value of the said policy vide cheque No. 321701 dtd. 05.03.2015 to the complainant.  Thereafter the complainant submitted the said cheque in his bank account of SBI, Bethuadahari for the purpose of encashment.  But due to insufficient fund, the cheque was returned along with return memo dtd. 11.04.15.  The cause of action arose on and from 11.04.15 and continued day by day.  There is a gross negligence and deficiency in service on the part of OPs Reliance Life Insurance Company Ltd.  The OPs are bound to pay Rs. 20,000/-  to the complainant and other relief as prayed for in the prayer portion of the petition.   For getting proper relief, the complainant has knocked at the door of the Forum. 

            As per order No. 04, dtd. 30.06.15 the OP No. 1 has received the notice but not appeared before the Forum.  So the case runs exparte against OP No. 1.

            As per order No. 06. Dtd.  12.08.15 notice has already been delivered to OP No. 2 as per track report of professional courier.  After getting the said notice OP No. 2 was still absent.  So the case also runs exparte against him (OP No. 2) and the Forum has fixed for exparte hearing on 27.08.15. 

            On 27.08.15 the OPs No. 1 and 2 filed written version but it was kept in the record.  On the self same date OPs also filed a petition praying for vacating the order of exparte.  Thereafter, the Forum has fixed for hearing of the said petition and written objection, if any, in the mean time on 17.09.15. 

            On 17.09.15, heard the ld. Counsels for the both sides.  The Forum has rejected the said petition for vacating the order of exparte as per Sec. 22A of the Consumer Protection Act, 1986, only Hon'ble National Commission has the power to set aside the exparte order.  The District Forum has no power to set aside the exparte order.  Moreover, in Hitendra Pathak and Ors. vs. Achyut Kashinath Karekar (2011) 9 Supreme Court cases 541, held that District Forum and Hon'ble State Commission do not have power to set aside or recall their own exparte order.  Only Hon'ble National Commission has such power.  District Forum and State Commission have no power of review.  Under such situation the OPs have lost the opportunity to contest the case.  So the written version cannot be considered for deciding the said case.  Only the written version is kept in the record. 

Heard the ld. counsel for the complainant by way of oral argument.  Perused the complaint, evidence on affidavit along with all documents filed by the complainant.

Now the Forum is to consider the following points:-

1. Whether the complainant is to be treated as consumer or not as per 

Consumer Protection Act 1986.

2. Whether there is any gross negligence or error or mistake or deficiency in service on the part of OPs or not,
3. Whether the complainant is entitled to get any relief as prayed for.

            DECISION WITH RESAONS

All the points are taken up together for discussion. 

            It is admitted position that the complainant has chosen Super Automatic Investment Plan RG and paid Rs. 10,000/- to OPs Reliance Life Insurance Company Ltd. by way of cheque being No. 519520 dtd.  11.08.2009 drawn on United Bank of India which is clearly revealed from Annexure – 1 premium collection receipt / premium deposit issued by OPs Reliance Life Insurance on 17.08.09.  So as per status of the complainant and OPs, the complainant is to be treated as consumer as per Consumer Protection Act, 1986. 

            Thereafter we have also perused Annexure – 2, 1^st premium receipt.  From this document, it is very much clear to us that the said plan was for the period of 10 years.  The sum assured was Rs. 50,000/-.  The frequency of payment of premium was yearly. 

            We have also perused the Annexure – 3, copy of cheque of HDFC Bank.   After careful perusal of the said document, there is no difficulty to understand that the OPs Reliance Life Insurance Company Ltd. issued a cheque bearing No. 321701 dtd.  05.03.15 in favour of complainant Sri. Anil Kumer Dey for Rs. 5233.80 for surrender of the said policy but the said cheque was returned as per Annexure – 5, return memo dtd.  11.04.15 on the ground of “funds insufficient”. 

            Ld. Counsel for complainant also verbally argued that after dishonour of the said cheque OPs Reliance Insurance Company has further issued another cheque for Rs.5,233.80 in favour of the complainant and in evidence on affidavit the complainant stated the real fact in Para- 8 of the said evidence.

            As per Annexure – 2, 1^st premium receipt it is evident that the complainant has chosen the plan, viz, Reliance Super Automatic Investment Plan (Regular) for the period of 10 years, commenced on and from 18.08.2009.  The said plan covers the basic sum assured of Rs. 50,000/- and the premium of Rs. 10,000/- shall be paid annually.  This insurance policy has been obtained by the complainant through agent, viz., Ratan Dey. 

            As per Annexure – 1, the OPs Reliance Insurance Company received the amount of premium of Rs. 10,000/- by way of cheque bearing No. 519520 dtd.  11.08.2009.   The next premium shall be paid on 18^th August, 2010 and onwards till 17.08.2019.  But it is admitted that the complainant has failed to continue the said policy.  The complainant has paid Rs. 10,000/- only towards 1^st premium.  Thereafter, no further premium amount has been paid by the complainant for continuation of the said policy.  So it is clear that the complainant has failed to comply the terms and conditions of the said policy causing gross negligence on the part of the complainant.  At the time of argument, ld. Counsel for complainant stating, inter alia, that the authorized agent, viz., Ratan Dey told that it was one time investment and if he pays Rs. 10,000/- he is entitled to get Rs. 20,000/- after six years.  But in support of this plea taken by the complainant, no evidence is submitted before the Forum.  As a witness Ratan Dey was not examined.  So mere oral statement or submission does not prove the said misguidance to the complainant. 

            After expiry of six years the OPs Reliance Insurance Company has paid Rs. 5,233.80 as surrender value to the complainant by way of cheque (2^nd time) causing act with diligence.

As per Pass Book of State Bank of India, Bethuadahari Rs. 5233.80 has been cleared / encashed in the account of the complainant.  So there is a clear default on the part of the complainant and there is no negligence or deficiency in service on the part of the OPs.  So the complainant is not entitled to get any relief as prayed for.  So the case fails.

Hence,

Ordered,

           That the case CC/2015/70 be and the same is dismissed on exparte against the OPs without cost.  

Let the copy of this order be supplied to the parties free of cost.