Date – 03.02.2022

SRI  SWADES  RANJAN  RAY

                                 President

Facts of this case, in short is that the Opposite Parties approached the Complainant for purchasing different products of Life Insurance as issued the following policy by the Opposite Parties.

POLICY  PARTICULARS

That the total premium paid by the Complainant in respect of above stated policy amounting to ₹94,050/- (Rupees Ninety Four thousand and Fifty only). 

That the Complainant was being allured by the agent/representative of the Opposite parties that the policy is 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 the Opposite Parties shall issue Insurance Certificate to that effect.  Moreover, the Opposite Parties collected the blank proposal form in respect of above policies duly signed by the Complainant along with the premium amount for the above Policy No. 03811007 Dt. 27.06.2018.

That subsequently, the Complainant received the entire documents regarding the said policy and on going through the said record it is found that the said policy is not concerned with “One Time Payment” but it is a recurring premium deposit for terms of 10 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 and accordingly, the Complainant requested the Opposite Parties to cancel the Policy No. 03811007 Dt. 27.06.2018 as stated above and to return back the deposited amount of ₹94,050/- (Rupees Ninety Four thousand and Fifty only).  But the said representative of the Opposite Parties kept in silent in respect of Complainant’s request for cancellation of the above noted policy as well as to return back the related deposited amount.  Subsequently, the Complainant also wrote to Opposite Parties on several occasions as stated above within Free Look Period for 15 days for cancellation of the related policy.

That inspite of receiving the said letters by the Opposite Parties, the Complainant has not yet received any response from the Opposite Parties and the Opposite Parties are keeping silent.In view of the above, Advocate’s notice was also served upon the Opposite Parties for refund of the premium amount.

After receiving letter, Opposite Parties are remained silent and did not return the money as claimed by the Complainant.

Hence, this complaint case,

Opposite Party No.-1 appeared after receiving summon and prays for time for filing Written Version.  Thereafter, Opposite Party No.-1 submits that they prefer an appeal before the Hon’ble State Commission against the ex parte order. Thereafter, Opposite Party No.-1 remained absent without any step.  Hence, this case is taken up for ex parte hearing.

Points for decision

                                      I. Whether Complainant has any cause of action to file this case or not?

                                      II. Whether there is any deficiency of service on the part of Opposite Parties or not?

                                      III. 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, Complainant filed Affidavit in Chief and other related documents.

I have carefully perused the petition of complaint, Affidavit in Chief along with other related documents, wherein I find that Complainant with a view to purchase a policy for one time premium, but thereafter, it comes to notice of Complainant  that the policy is not one time payment, it is recurring premium deposit for 10 years under the mode annual.  For this reason, Complainant contact with the Opposite Parties for returning the premium money paid by the Complainant @ ₹94,050/- (Rupees Ninety Four thousand and Fifty only) within free look period.  Complainant made several contacts with the Opposite Parties for returning the money and thereafter Complainant sent a demand notice through his advocate but Opposite Parties are remained silent without any step.

There is nothing before this Commission to disbelieve the case of the Complainant or unchallenged case of the Complainant. Hence, in my view, there is certainly a deficiency in service on the part of the Opposite Parties as Opposite Parties did not return the money of Complainant though prayer for return the money within free look time. Hence, Complainant able to prove his case.

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. 04/2020 be and the same is allowed ex parte against the Opposite Parties.

Opposite Parties are directed jointly or severally to make payment of ₹94,050/- (Rupees Ninety Four thousand and Fifty only) along with the interest @ 5% per annum from the date of filing i.e. 07.01.2020 till the date of realization within 3 (Three) months from the date of this order.

Opposite Parties are directed jointly or severally to make payment compensation 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 3 (Three) months from the date of this order.

In default of payment of above mention amount by the Opposite Parties, liberty given to the Complainant to file Execution Case for realization of the same.

Hence, this complaint case is disposed of accordingly.

Let a copy of this judgement be handed over to the Complainant at free of cost.