Complaint No.147 of 2022.

      Date of Institution:19.07.2022.

             Date of order:03.03.2023.

Rekha W/o Navdeep Pathania R/o Village Chhota Mirpur, H.No.63, Jail Road Gurdaspur Pin-143521.                                                                         

                                    VERSUS

1.       Canara HSBC Oriental Bank of Commerce Life Insurance Company Limited 4th Floor SCO-128 Nagpal Tower-I, District Shopping Complex Center Ranjit Avenue Amritsar, Punjab-143001.

2.       Head Office- Canara HSBC Life Insurance Company Limited, 139, Sector-44, Gurugram-122003, Haryana, India.         

Present: Complainant: In person.

              For opposite parties: Sh.Gagandeep Saini, Advocate.

Quorum: Sh.Lalit Mohan Dogra, President, Sh.Bhagwan Singh Matharu, Member.  

ORDER

Lalit Mohan Dogra, President.   

          Complainant Rekha has filed this instant complaint against the opposite parties by taking the plea that she had taken life insurance policy from opposite party No.1 i.e. Canara HSBC Oriental Bank of Commerce Life Insurance Limited in the year 2019 (10.06.2019) and her policy number was 0093090218. It was pleaded that it had Guaranteed Saving Plan and she paid first amount 21,000.00 Rs. and after 3 years she had surrendered her policy on 21.06.2022 due to some personal financial issues. It was further pleaded by the complainant that company refunded her only Rs.32,459/- whereas she deposited Rs.63,000/- in three years and company also took her policy booklet without giving proper explanation regarding deductions. It was also pleaded that complainant feels injustice with her which is totally unfair and she wants to refund of Rs.63,000/- as surrendered amount, hence this complaint.

2.       Notice was issued to the opposite parties but they did not appear and prefer to proceed exparte vide order dated 23.12.2022.

3.       In order to prove the case, complainant has filed her self declaration Ex.CW1/A alongwith documents Ex.C1 to Ex.C3.

4.       Written arguments filed by the parties.

5.       Complainant in person has argued that she had purchased life insurance policy from opposite parties and had paid first premium of Rs.21,000/- and after payment of premium for three years she surrendered the policy on 21.06.2022 but the opposite parties have paid Rs.32,459/- to the complainant against deposit of Rs.63,000/- by the complainant which amounts to deficiency in service.

6.       Opposite parties were proceeded against exparte vide order dated 23.12.2022. However, opposite parties through their counsel Sh.Gagandeep Saini, Advocate appeared and moved an application during the pendency of complaint to join the proceedings and they were allowed to join the proceedings on 22.03.2023 and also allowed to file written arguments. In the written arguments opposite parties have taken plea that the complainant applied for surrender of policy on 21.06.2022 and surrender request was accepted by the opposite parties and sum of Rs.32,459/- was paid to the complainant as per the terms and conditions of the policy and complainant was informed accordingly and as such there is no deficiency in service on the part of the opposite parties.

7.       We have heard the complainant in person and counsel for the opposite parties. Complainant had pleaded and argued that original policy document was also taken by the opposite parties and the opposite parties have not placed on record the said surrendered policy document as per the terms of which the opposite parties deducted the amount payable to the complainant and as such the act of the opposite parties of having deducted the amount without any justification is totally uncalled far.

8.       Accordingly, present complaint is partly allowed and opposite parties are directed to pay the balance amount of Rs.30,541/- to the complainant without interest within 30 days from the date of receipt of copy of this order. However, if the amount of Rs.30,541/- is not paid within the given time the same shall carry interest @ 9% P.A. w.e.f. 21.06.2022 till realization.  

9.       The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases,

10.     Copy of the order be communicated to the parties free of charges. After compliance, file be consigned.  

                               (Lalit Mohan Dogra)

                                                                        President  

Announced:                                          (B.S.Matharu)

Oct. 12, 2023                                                Member

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