Orissa

Cuttak

CC/142/2023

Shaikh Jalal - Complainant(s)

Versus

Exid Life Insurance - Opp.Party(s)

Self

30 Oct 2023

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C.No.142/2023

 

SAIKH JALAL,

Samantray Road,Buxi Bazar,

Nima Sahi,Ward No.16,

Cuttack Municipality,Cuttack.                                    ... Complainant.

 

          Vrs.

 

                          Exide Life Insurance,

                          3^rd Floor,J.P. Techno Park,

                          No.3/1,Millers Road,

                          Bangalore-560001,

                          Karnataka,India.                                                           … Opp. Party.

 

 

Present:         Sri Debasish Nayak,President.

                      Sri Sibananda Mohanty,Member.

 

Date of filing:    03.05.2023

Date of Order:  30.10.2023

 

For the complainant:           Dr.S.K.Rath,A/R.

For the O.P:                                    None.

         

Sri Debasish Nayak,President.                  

Case of the complainant as made out from the complaint petition in short is that he had obtained one Exide Life Insurance Policy bearing No.03521794 on dated 9.3.2017 and had paid the annual premium in cash of Rs.79,750/-.  The complainant was not aware that it was eight-year term policy as he was falsely convinced by the broker that only one E.M.I is required for the policy.  When he knew that the policy is to be paid for a term of eight years annually, he had contacted the Customer Care Service of the O.P for refund of his premium amount that which he had paid.  Inspite of several efforts when the O.P did not respond, the complainant had issued a legal notice to the O.P on 11.4.2023.  Ultimately when no result yielded, the complainant has come up with this case seeking direction from this Commission to the O.P in order to refund his premium amount of Rs.79,750/- as paid by him, alongwith interest thereon and further to pay compensation to the tune of Rs.90,000/- to him towards his mental agony and harassment.  He has also demanded cost of his litigation and has prayed for any other order as deemed fit and proper.

          Together with his complaint petition, the complainant has submitted the copy of the pleader’s notice as sent on his behalf to the O.P., copy of the policy schedule and copy of the first premium received as paid by him.

2.       Having not preferred to contest this case, the O.P has been set exparte vide order dated 21.6.2023.

3.       The points for determination in this case are as follows:

i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.P ?

iii.        Whether the complainant is entitled to the reliefs as claimed by him?

 

Points No.1 & ii.

Out of the three points, point no.i & ii being the most pertinent points are taken up first together for consideration here in this case.

After perusal of the complaint petition, the written notes of submission and also the copies of documents as made available by the complainant, it is noticed that infact the complainant had preferred to obtain one Exide Life Insurance Policy on 9.3.2017 vide policy no.03521794 and he had paid the first annual premium for the same to the tune of Rs.79,750/- to the O.P.   When the complainant could know that it is a policy for which he has to pay annual premium for eight consecutive years, he wanted to withdraw and get back his premium amount of Rs.79,750/- as paid by him to the O.P and had made requests to that effect to the O.P.

While obtaining the said policy, the complainant had certainly filled-in and executed the proposal form and the agreement to that effect with the O.P.  After executing the said policy agreement either party are to abide by the terms and conditions therein without committing any breach to the same.   Violation to the terms and conditions by one will entitle the other to proceed as per law against the party who had flouted or breached the agreement.  In absence of the proposal form and the agreement of the said policy, this Commission cannot arrive at a conclusion that if at this stage the policy holder/complainant is entitled to get refund of the annual premium amount that which he had paid to the O.P.  Accordingly, it cannot be held here that if the O.P was deficient in his service by not repaying the annual premium amount that which he had received from the complainant towards the policy as obtained by the complainant.  It cannot also be said here at this stage in absence of any cogent evidence that if the case of the complainant is maintainable.  Accordingly, these two important issues go against the complainant.

  Point No.iii.

From the discussions as made above, the complainant is not entitled     to any of the reliefs as claimed by him.  Hence it is so ordered;

                                              ORDER

Case is dismissed exparte against the O.P and as regards to the facts and circumstances of the case without any cost.

Order pronounced in the open court on the 30^th day of October,2023 under the seal and signature of this Commission.         

                                                                        Sri Debasish Nayak

                                                                                   President

                     

                                                                                                              

                                                                               Sri Sibananda Mohanty

                                                                                  Member