1. The fact of the case of Complainant is that he had taken one policy on 30.04.2012 under Reliance Child Plan vide policy no. 50095851 for a term of 6 years with yearly premium of Rs. 19,975.74 with money back benefits of yearly 25% each from 2015 onward and vested bonus of 4% to 8% will be added in the last year of maturity of policy.  It is alleged that complainant has paid total Rs. 1,19,854.44 throughout the policy period, but the O.P. has paid only Rs. 92,959/-.  It is also alleged that the O.P. has assured to return the vested bonus @ 4% to 8%, but has paid only Rs. 11,559/- which is less than 2% and also the O.P has deducted an amount of Rs. 38,450/- towards service charges.  Thus showing deficiency in service, complainant filed this case with a prayer to direct the O.P. to refund Rs. 38,450/- towards service charges, to refund Rs. 26,895/- towards deduction from principal amount, to pay vested bonus @ 8% and Rs. 10,000/- each towards compensation and costs of litigation to him.

2. The O.Ps. being the same organization, though have appeared in the case, but did not choose to file their counter versions nor participated in the hearing also, inspite of several opportunities given to them, keeping in view of natural justice, and we lost every opportunities to hear from them, as such the allegations of complainant remained unchallenged and unrebuttal.  

3. Complainant filed certain documents in support of his allegations and all those documents remained unchallenged and we decided the case on merit.

4. It is an evidentiary fact that on 30.04.2012 the complainant had taken a policy named Reliance Child Plan vide policy no. 50095851 for a term of 6 years with yearly premium of Rs. 19,975.74 with flexible finance benefits of yearly 25% each from 2015 to 2018 with an assurance vested bonus of 4% to 8% will be added in the last year of maturity of policy.  The allegations of complainant is that though he has paid total Rs. 1,19,854.44 throughout the policy period, but the O.P. has paid only Rs. 92,959/- deducting an amount of Rs. 26,895/- without adding the actual vested bonus @ 4% to 8%, but has paid only Rs. 11,559/- which is less than 2% and also the O.P has deducted an amount of Rs. 38,450/- towards service charges.  Though the notice was validly served upon the O.P. and the subject matter was well within their knowledge but insptie of ample opportunities, the O.P. did not choose to challenge the allegations of complainant at any time, as such all the allegations became unrebuttal. In this connection, we have fortified with the verdicts of Hon’ble National Commission in the case between Urban Improvement Trust, Bikaner, Rajasthan Vrs Babu Lal and Another, wherein it is held that that “Unrebutted averments shall be deemed to be admitted.”   

5. Further it is ascertained that the complainant has raised voice towards deduction of service charges of Rs. 38,450/- and claimed the same from the O.P.  In our view, the service tax is deducted as per the norms of policy and the taxation system of the country.  Hence we do not think that the complainant deserves to get the service charges being deducted by the O.P.

6. Further regarding the vested bonus we think since the complainant has been paid Rs. 11,559/- as bonus during the time of maturity of the alleged policy, which is more than 2% of the total sum assured, hence we feel the O.P. has paid the vested bonus as per norms of the alleged policy.

7. As per discussions made above, we feel that the complainant is entitled only the deducted amount of Rs. 26,895/- with interest.  Hence this order.

                                                                                                        ORDER

        The complaint petition is allowed in part.  The O.Ps being the same organization and insurer, is herewith directed to refund the deducted amount of Rs. 26,895/- with interest @ 6% p.a. from the date of maturity i.e. 30.04.2018 alongwith Rs. 10,000/- towards compensation for causing financial loss and Rs. 3,000/- towards costs of litigation, within 30 days from the date of receipt of this order, failing which, the deducted amount shall carry interest @ 10% till payment.

        Pronounced the order in the 0pen Forum on this the 1^st day of March, 2021.

        Issue free copy to the parties concerned.