DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KANDHAMAL, PHULBANI
C.C.NO.04 OF 2017
Present: Sri Rabindranath Mishra - President.
Miss Sudhiralaxmi Pattanaik - Member .
Sri Purna Chandra Tripathy - Member .
G. Anil Kumar Patra, aged about -40 years
S/O: G. Kutesu Patra. At- Main Road,
PO/PS: Phulbani Town. Dist: Kandhamal ……………………….. Complainant.
Versus.
Exide Life Insurance,
Registered Office, At- 3rd Floor, J.P Techno Park
No-311- Millers Road Bangalore- 560001. …………………………….. OPP. Parties.
For the Complainant: Self.
For the OPP. Parties: Sri Tapobanta Barik,Advocate and his Associates.
Date of Order: 31-10-2017
O R D E R
The case of the Complainant in brief is that he got the policy information of Exide Life Insurance through on line from the website of the O.P and filled up required information through on line and sent the form along with required documents to the O.P. He also paid the first premium of Rs. 50,000/- in shape of Cheque bearing No. 676495 of UCO Bank, Phulbani In favor of the O.P ON 24-09-2014 through registered post. The cheque amount was credited on 09-10-2014 in the account of O.P but neither the receipt nor the policy bond was issued in his favor by the O.P. After one year the O.P assured to send his policy bond and money receipt as per query from the Customer Care Center of the O.P. But another one year has already been passed and no action was taken by the O.P in spite of several telephonic calls. The act of the O.P amounts to negligence and unfair trade practice for which the complaint was filed by him against the O.P for a direction for payment of Rs. 50,000/- along with ancillary benefits as per the policy condition with 18 % annual interest from the date of deposit till payment. He also claimed compensation of Rs. 30,000/- and Rs. 10,000/- towards cost of litigation from the O.P.
The case of the O.P as per his version is that the Complaint filed by the Complainant is false and incorrect and he is suppressing the material and pertinent facts. The Complainant Sri Anil kumar Patra submitted his proposal Form dated on 23-09-2014 to the O.P for
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the life insurance product namely “Exide Life Guaranteed Income Insurance Plan”. The premium was Rs. 50,000/- to be paid annually for a premium paying term of 15 years and the date of maturity is 24-09-2044.The O.P Company has issued Insurance policy No. 02984003 in the name of the Life Assured along with covering letter dated 28-10-2014. The original policy bond was dispatched to the Complainant through registered post in the address given by the Complainant in the proposal form as well as verifying the same with the KYC document provided by the Complainant. The Complainant has not intimated as to the change of his address. The address given in the proposal form and in the complaint petition is different. So, the O.P cannot be held liable for the mistake of the Complainant. The Complainant has not obtained the policy through online but he obtained the said policy through advisor Sri Pallab Jyoti Saud as per Advisor confidential Report.
The further case of the O.P is that there is no cause of action or prima facie case in the complaint against O.P Company and the O.P has not committed any deficiency in service and unfair trade practice as alleged within the meaning of Consumer Protection Act. As the complaint is not maintainable the same is liable to be dismissed with cost.
During course of hearing the Complainant has filed an affidavit in support of his case. He was examined and cross examined. Exit-1 to Ext-4 were marked on the documents filed by the Complainant in this case. One Santosh Kumar Panda was examined as witness of the O.P.He was also cross examined. Exit-A to Ext-H were marked on behalf of the O.P on the documents filed by him. We have gone through the complaint petition , the version of the O.P, the affidavits filed by both the parties in token of their evidence, their deposition and all the exhibits marked by both the parties. We have heard the Complainant and the learned Advocate of the O.P.
It is admitted fact that the O.P had received Rs. 50,000/- towards the annual premium from the Complainant under Exide Life Guaranteed Income Insurance Plan. It is submitted by the learned counsel of the O.P that the Original policy bond was dispatched to the Complainant through registered post in the address given by the Complainant in his proposal form. The same was returned as the Complainant left the place. It is further submitted by the learned counsel of the O.P that the Complainant has not intimated regarding the change of his address for which the O.P had not committed any deficiency in service. It is submitted by the Complainant that neither the policy bond nor any money receipt to the tune of Rs. 50,000/- was supplied to him by the O.P Company. The O .P had also not made any correspondence with the Complaiannt in this connection which amounts to negligence and unfair trade practice on the part of the O.P.
The date of commencement of the Insurance Policy was 23-09-2014. In the mean time 3 years has already been passed. It is seen from Ext-F/1 the cover of the policy bond that the date of the postal remark was 01-12-2011 but the date of the covering letter was 28-10-2014 as shown in Ext-G. The date of the postal seal was 11-12-2014 which reflected in the body of the cover vide Ext-F/1. So, the address given in the bond vide Exit-F and the cover vide Ext-F/1 are different.
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There is discrepancy between the documents filed by the O.P. It reveals from Ext-2 the driving license of the Complainant and the Ext -3, the identity card issued by election Commission of India that the Complainant belongs to Phulbani in the District of Kandhamal under the state of Odisha. But in Ext-A, the address of the Complainant was given such as village Chanpang P.O- Bhandari, PS: Wakha in the State of Nagaland as per the proposal form submitted by the O.P. It is the case of the Complainant that he had submitted the proposal form by online and sent all the required documents to the O.P for the purpose. But it is stated in Para- 9 of the version of the O.P that the Complainant has not obtained the policy by online but the complainant obtained the policy through their advisor namely Pallab Jyoti Saud. The said advisor has neither filed any affidavit to support the plea of the O.P nor examined by the O.P as a witness .It is seen from the proposal form vide Ext-A that the name of the agent is Vhatacharya Patra. He has also not filed any affidavit to support the case of the O.P. The advisor and the agent are two different persons. The telephone number of the policy holder is mentioned in the body of Ext-A, but the O.P never tried to contact the policy holder regarding his address. It is seen from Ext-F/1 that one address of the State of Assam is mentioned. The driving license vide Ext-D and the Driving license vide Ext-2 are different. The copy of the cheque dated 23-09-2014 for Rs. 50,000/-is filed by the O.P along with his documents. It is seen that the address of the Eco Bank is mentioned over it. It reveals that the check was issued by the Eco bank of Main Road Phulbani which corroborates the case of the Complainant. The O.P has also not contacted the concerned Bank regardidng the identity of the Complainant. So, it is crystal clear that the documents presented by the O.P are created for the purpose of this case and to patch-up the lacuna of the O.P Company. As the O.P failed to provide the original policy bond to the Complainant after the deposit of the first premium, it amounts to deficiency in service on the part of the O.P . At present there is no scope on the part of the Complainant to continue the said Insurance Policy. The O.P has also not suggested to continue the said policy with the Complainant. Hence, the complaint filed by the complainant is allowed on contest against the O.P.
The O.P is directed to pay Rs. 50,000/- to the Complainant with 10 % annual interest from the date of deposits i.e. 23-09-2014 till the date of payment.
The O.P is further directed to pay Rs. 10,000/- as compensation towards mental agony and financial loss of the Complainant along with Rs. 3,000/- towards cost of litigation. The above order be complied by the O.P within 30 days from the date of receipt of this order , otherwise the O.P shall pay 12 % interest per annum on the entire awarded amount .
The C.C is disposed of. Supply free copies of this order to both the parties at an early date.
MEMBER MEMBER PRESIDENT
