| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION PATIALA. Consumer Complaint No. 417 of 6.11.2017 Decided on: 12.3.2021 Mrs.Sangita Singla aged 55 years w/o Mr.Vijay Kumar Singla, resident of House No.19, New Anaj Mandi, Sirhind Road, Patiala …………...Complainant Versus - Managing Director, Canara HSBC Oriental Bank of Commerce Life Insurance Company Limited, 2nd Floor, Orchid Business Park, Sector-48, Sohna Road, Gurugram Haryana.
- The Manager, Oriental Bank of Commerce, Focal Point Branch, Sirhind Road, Patiala
…………Opposite Parties Complaint under Section 12 of the Consumer Protection Act, 1986. QUORUM Sh. Jasjit Singh Bhinder, President Sh.Vinod Kumar Gulati, Member ARGUED BY Sh.Rohna Sharma,counsel for complainant Sh.S.P.Singh Sidhu, counsel for complainant. Sh.Sunil Gupta, counsel for OP No.2. ORDER JASJIT SINGH BHINDER,PRESIDENT - This is the complaint filed by Sangita Singla (hereinafter referred to as the complainant) against MD Canara HSBC Oriental Bank of Commerce Life Insurance Company Limited and another (hereinafter referred to as the OP/s).
Facts of the complaint - The brief facts of the complaint are that the complainant took insurance policy No.0003024116 on 23.3.2009 namely “Canara HSBC Life Unit Linked Whole Life Plan”, the annual premium of which was Rs.30,000/- and the sum assured was Rs.3,00,000/-.It is averred that the complainant paid total sum of Rs.1,50,000/- for the period from 23 March 2009 to 31st March,2014 and the statement of account dated 24.3.2017 showing the deposit of Rs.1,50,000/- with fund value of Rs.2,42,819.26 is sent by the OPs. It is averred that in the last week of September,2017, the complainant approached the OP No.2 for the refund of the full fund value of the said policy on the demand of which original documents were handed over to it. The bank official confirmed the cheque number, account number and also verified the signature of the complainant from the system of the bank and assured that the refund will be credited into the account of the complainant within fortnight. It is further averred that the officials of OP No.1 pressurized the complainant to not to take the refund of the policy in question and to keep it continue. Thereafter on 26.10.2017, the official of OP No.1 told that there is deficiency in the documents submitted by the complainant as the cancelled cheque is not having printed name of the policy holder and had not made the payment. There is thus deficiency in service on the part of the OPs which caused mental agony and harassment to the complainant. Hence this complaint with the prayer to accept the same by giving direction to the OPs to pay the fund value against the premium paid during the period March 2009 to 31st March 2014 alongwith interest @18% ; to pay Rs.3,00,000/- as compensation for causing mental agony and harassment and also to pay Rs.50,000/- as costs of litigation.
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- Notice of the complaint was given to the OPs who appeared through counsel and contested the complaint by filing written reply having raised preliminary objections that the complainant has not approached the Forum with clean hands and no cause of action has arisen in favour of the complainant; that the matter cannot be adjudicated by the Forum being summary trial; that the complaint is frivolous and vexatious ; that the complaint is bad for non joinder and mis joinder of all the necessary parties and is liable to be dismissed.
- On merits, the issuance of the policy is admitted. It is submitted that the LA/policy holder had submitted the documents to surrender the policy in question on the receipt of which it was found that the name of the policy holder was not written on the cheque as well as the account number was handwritten and complainant was requested the submit a fresh cheque having printed name and account number of the policy holder which is very much required to ensure that the amount of the policy has to be credited in the account of the policy holder. It is further submitted that the complainant/policy holder is entitled for the amount under the policy as per the terms and conditions of the policy. There is no deficiency in service or unfair trade practice on the part of the OPs. After denying all other averments, the OPs have prayed for the dismissal of the complaint.
- In the written reply filed by OP No.2 it is admitted that the complainant has purchased Canara HSBC Life Unit Linked Whole Life Plan on 23.3.2009 and paid total sum of Rs.1,50,000/- during March 2009 to March 2014 @ Rs.30,000/- per year. It is further submitted that the original papers so submitted by the complainant were sent to OP No.1 after due verification. There is no deficiency in service on the part of OP No.2 and after denying all other averments, it prayed for the dismissal of the complaint.
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- In support of the complaint, Sh.Vijay Kumar Singla, authorized representative of the complainant has tendered his affidavit,Ex.CA alongwith documents Exs.C1 to C2 and closed the evidence.
- On the other hand, the ld. counsel for OP No.1 has tendered in evidence Ex.OPA affidavit of Sh.Gurvinder Singh Talwar, Manager Legal of OP No.1 alongwith documents Exs.OP1 to OP4 and closed the evidence.
- On behalf of OP No.2 Sh.Rajesh Kumar Bajaj Branch Manager has tendered his affidavit, Ex.OPB and closed the evidence.
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- We have heard the ld. counsel for the parties and have also gone through the record of the case, carefully.
- The ld. counsel for the complainant has argued that the complainant is senior citizen and she has taken insurance policy from the OPs, annual premium of which was Rs.30,000/- and total sum assured was Rs.3lac.The ld. counsel argued that the complainant paid total Rs.1,50,000/- from March 2009 to March 2014 @ Rs.30,000/- per year and all the installments were paid in time. The ld. counsel further argued that statement in this regard is on the file in which total fund value is Rs.2,42,819.26.The ld. counsel further argued that in the month of September,2017 complainant approached Oriental bank of Commerce, branch Focal Point, Sirhind Road, Patiala for refund and accordingly submitted all the documents to them. The ld. counsel further argued that during one month OP No.1 called her from Delhi and pressurized not to take the refund and keep it continue despite the fact she refused but she has not paid the money as yet. So complaint be allowed.
- On the other hand, the ld. counsel for OP No.2 has submitted in the written statement that the complainant paid a sum of Rs.1,50,000/- from March 2009 to March 2014 @ Rs.30,000/- per year and all the original papers so handed over by the complainant were sent to OP No.1 after verification and taking due care. The ld. counsel further argued that it is for the OP No.1 to pay the amount as per policy.
- On the other hand, the ld. counsel for OP No.1 has argued that no illegality has been committed by OP No.1 and it is complainant who is defaulter as she has not paid all the amounts so complaint be dismissed.
- To prove this case Sh.Vijay Kumar Singla, has tendered his affidavit on behalf of the complainant and he has deposed as per the complaint,Ex.C1 is statement of account of Canara HSBC OBC Life Insurance in the name of Mrs.Sangita Singla showing closing balance was Rs.2,42,819.06 and sum assured was Rs.3lac,Ex.C2 account of Oriental Bank of Commerce branch Focal Point, Patiala in which the five installments have been paid from 13.3.2009 to 30.3.3013 of Rs.30,000/-.
- On behalf of OP No.1 Gurvinder Singh Talwar, Manager –Legal has tendered his affidavit, Ex.OPA and he has deposed as per the written statement, Ex.OPB is the affidavit of Rajesh Kumar Bajaj ,Senior Manager of OP No.2.In para No.2 of the affidavit it is mentioned that total sum of Rs.1,50,000/- during March 2009 to March 2014 @ Rs.30000/- was paid per year and the original papers so handed over to OP No.2 was sent to OP No.1 after verification with due care,Ex.OP1 is insurance policy,Ex.OP2 is welcome letter,Ex.OP3 is document with regard to surrender of policy.
- In the present case, the statement of account of HSBC Life Insurance is Ex.C1 in the name of policy holder Sangita Singla mentioning policy Number as 00030224116, proposal No.2000038705 bank name Oriental Bank of Commerce. In the same annual premium Rs.30,000/-, total regular premium received Rs.1,50,000/- , sum assured Rs.3,00,000/- and closing balance of Rs.2,42,819.06 has also been mentioned.Ex.C2 is the statement of account of OBC Bank showing that all the installments of Rs.30,000/- have been paid. It is the case of the complainant that she requested the OPs to pay the amount but despite the request they have not paid the amount and OP No.1 pressurized her to continue with the insurance policy.
- The written statement filed by OP No.2 is very important document, in which it is mentioned that complainant paid Rs.150000/- from Marcy 2009 to March 2014 per year and the original papers were handed over to OP No.1. So it is clear that in the present case, the OP No.1 is defaulter and despite the fact that five installments were paid but they have not made the payment and the statement of account Ex.C1 is clear that Rs.2,42.819 were outstanding and as per policy the OP No.1 was liable to pay Rs.3lakhs. The affidavit filed by Gurvinder Singh Talwar is totally false and they have just wriggle out from their responsibility.
- Thus due to our above discussion, the OP No.1 is at default and the complaint is allowed against it. Accordingly OP No.1 is directed to pay the amount of Rs.3lakhs as due to the complainant alongwith interest @9% per annum from 23 March 2017 till the full payment is made. The OP No.1 is also burdened with Rs.25000/-as compensation and Rs.25000/- as costs of litigation to be paid to the complainant. Compliance of the order be made by the OP No.1 within a period of 45 days from the date of the receipt of the certified copy of this order.
ANNOUNCED DATED:12.3.2021 Vinod Kumar Gulati Jasjit Singh Bhinder Member President | |
