Date – 23.11.2021
SRI SWADES RANJAN RAY
President
After receiving notice, Opposite Party No.-1 appeared on 19.02.2020 and prayed for time for filing Written Version. Thereafter, Opposite Party No.-1 remained absent and statutory period for filing Written Version was over and this complaint case proceeded ex parte against Opposite Party No.-1.
Thereafter, Complainant served fresh notice as per direction of this Commission and filed Affidavit of Service along with track report of Postal Department in respect of Opposite Party No.-2. In spite of receiving notice Opposite Party No.-2 remained absent without any step. As a result, this case proceeded ex parte against Opposite Party No.-2 also.
Hence, this complaint case is proceeded ex parte against all the Opposite Parties.
Facts of this case, in short, is that Opposite Parties approached the Complainant for purchasing two insurance policies vide No. 03750591 dt. 23.03.2018 and No. 03750594 dt. 23.03.2018 and Complainant was being allured by the agent /representative of the Opposite Parties that the policies are only for “one time payment” of the premium, agreed to deposit the said “one time premium” to the Opposite Parties through their representative with a hope that Opposite Party shall issue Insurance Certificate to that effect. Moreover, Opposite Parties collected the blank proposal form in respect of above policies duly signed by the Complainant.
That subsequently, the Complainant received the entire documents regarding the said two policies and on going through the said record it is found that the said deposit for terms of 15 years and 20 years, under payment mode: Annual.
That on going through the said documents, the Complainant found that such recurring deposit for various years more than 10 years which is not possible for him to continue and accordingly, the Complainant requested the Opposite Parties to cancel both policies and prayed for returned the amount of ₹5,01,080/- (Rupees Five lakh One thousand and Eighty only) but the representative of Opposite Parties remained silent and Complainant made this prayer within “FREE LOOK PERIOD”.
In spite of receiving letter from the Complainant, Opposite Parties remained silent.
Hence, this complaint case,
Points for decision
- Whether complainant has any cause of action to file this case or not?
- Whether there is any deficiency of service on the part of Opposite Parties or not?
- Whether complainant will entitle to get any relief / reliefs as prayed for or not?
Decision with reason
All these points are taken up together for sake of convenience and brevity.
In support of this complaint case, Complainants have filed evidence in the form of Affidavit-in-Chief in support of this case.
I have carefully perused the petition of complaint, Affidavit-in-Chief and copies of annexure wherein I do find any reason to disbelieve the unchallenged documents of the Complainant.
On careful examine the complaint, Affidavit-in-Chief and the annexures, in my view, Complainant able to prove his complaint case.
Hence, I hold that Complainant has cause of action to file this complaint case.
Non-returning / refunding of ₹5,01,080/- (Rupees Five lakh One thousand and Eighty only) in favour of Complainant, it amounts to deficiency of service on the part of Opposite Parties.
Hence, all the points disposed accordingly.
In the result, this complaint case succeeds.
Court Fee paid correct.
Hence, it is
O R D E R E D
that the Complaint Case No. 336/2019 be and the same is allowed ex parte against the Opposite Parties.
Opposite Parties are directed to make payment jointly and severally of ₹5,01,080/- (Rupees Five lakh One thousand and Eighty only) in favour of Complainant within two (2) months from the date of this order along with interest @ 5% per annum from the date of filing of this case i.e. 07.01.2020 till the date of realization of the entire decreetal amount.
Opposite Parties are directed to make payment jointly and severally of ₹20,000/- (Rupees Twenty Thousand only) for mental pain and agony and litigation cost of ₹10,000/- (Rupees Ten Thousand only) in favour of Complainant within 2 (Two) months from the date of this order.
Liberty given to the Complainants to file Execution Case for realization of the above mentioned amount in case of failure to make payment by the Opposite Parties within schedule time.
Hence, this complaint case is disposed of accordingly.
Let a copy of this judgement be handed over to the Complainant at free of cost.
