IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, MURSHIDABAD AT BERHAMPORE.
CASE No. CC/168/2019
Date of Filing: Date of Admission: Date of Disposal:
21.11.19 28.11.19 20.07.22
Complainant: Totan Bibi,
W/o – Sherful Sekh,
Vill – Manganpara
P.O.-Rampara, P.S.- Rejinagar,
Dist-Murshidabad
PIN-742189
-Vs-
Opposite Party: CEO, DLF Pramerica Life Insurance Company Ltd.,
4th Floor, Building No-9 Tower B, Cyber City.
DLF CITY PHASE-III, Gurgaon-122002,
Agent/Advocate for the Complainant : Madan Mohan Datta.
Agent/Advocate for the Opposite Parties : Nilabja Dutta
.
Present: Sri Ajay Kumar Das…………………………..........President.
Sri. Subir Sinha Roy………………………………….Member.
Smt. Aloka Bandyopadhyay……………………..Member.
FINAL ORDER
SMT ALOKA BANDYOPADHYAY, MEMBER.
This is a complaint under section 12 of the CP Act, 1986.
One Totan Bibi (here in after referred to as the Complainant) filed the case against CEO, DLF Pramerica Life Insurance Company Ltd (here in after referred to as the OP) praying for compensation alleging deficiency in service.
The sum and substance of the complaint case is as follows:-
The petitioner took a Policy Plan named DLF Pramerica Future Idols Gold bearing No. 000123390 and date of commencement was 09.03.2012. Since then the complainant deposited the premium regularly till 2018. But in 2019 due to want of money she could not continue her policy and prayed for surrender of premium policy on May, 2019 and she was entitled to get surrender value of Rs. 42204/- as per section 8 of the of the terms and conditions of the policy. After surrender of the policy the complainant got only half of surrender value i.e. Rs. 21102.07 on 31.05.2019. After that the complainant sent a notice by her advocate for payment of rest amount of Rs. 21102.07 on 02.07.2019 and the same has been refused by the O.P. on 26.08.2019 having no other alternative the complainant filed the instant case for appropriate relief.
Defence Case
The O.P. after service of the notice appeared before this Commission by filing W/V containing inter alia that the case is not maintainable. As on receipt of the request of surrender and on verifying documents submitted by the complainant and after due calculation of the surrender value as per terms and conditions of the policy the O.P. on 30.05.2019 paid Rs. 21102.07 through NEFT to the complainant’s account and intimated the complainant vide Surrender Payout Letter dated 30.05.2019 and the receipt of the said sum is acknowledged by the complainant. There is no deficiency on the part of the O.P. and as such the case is liable to be dismissed.
On the basis of the complaint and written version the following points are framed for proper adjudication of the case:
Points for decision
1. Is the Complainant a consumer under the provision of the CP Act, 1986?
2. Is the Complainant entitled to get any relief, as prayed for?
Decision with Reasons:
Point no.1 & 2
All the points are taken up together for the sake of convenience and brevity of discussion.
It appears from the case record that on 28.09.20, 02.12.20, 23.02.20, 12.04.21, 29.10.21, 31.01.22, 22.04.22, 20.07.22 the complainant has not appeared and filed evidence though it was ordered by this Commission on 22.04.22 for evidence by the complainant as last chance.
Due to want of evidence and as the complainant has already accepted the amount paid by the O.P. and raised no objection at that time but later on filed this case we are of the view that the complainant is not interested to continue the case. The case is liable to be dismissed but without cost.
Reasons for delay
The Case was filed on 21.11.19 and admitted on 28.11.19. This Commission tried its level best to dispose of the case as expeditiously as possible in terms of the provision under section 13(3A) of the CP Act, 1986. Delay in disposal of the case has also been explained in the day to day orders.
In the result, the Consumer case is dismissed.
Fees paid are correct.
Hence, it is
Ordered
that the complaint Case No. CC/168/2019 be and the same is dismissed but without costs.
Let plain copy of this order be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand /by post under proper acknowledgment as per rules, for information and necessary action.
The Final Order will also be available in the following Website:
confonet.nic.in
