BEFORE THE DISTRICT CONSUMER FORUM :: WARANGAL
Present : Sri P.Praveen Kumar, B.Com., LL.B.,
Member-cum-FAC President.
And
Smt S.B.Bhargavi, B.A., LL.M.,
Member.
Thursday the 07th day of May, 2015.
CONSUMER COMPLAINT No.11/2014
Date of filing : 10-10-2013
Date of Disposal : 07-05-2015
Between:
Smt.Chevva Rajamma, W/o.Anjaiah,
Age:40 years,
R/o.H.No.3-3-9, NP Road, Jangaon Post & Mandal,
Warangal District.
…Complainant
And
FDC Couriers & Cargo,
Opposite SBI Bank, Near Nehru Park,
Jangaon, Warangal District,
Rep. by its Proprietor. …Opposite Party
Counsel for the Complainant:: Sri G.Rajendra Prasad Advocate.
Opposite Party :: Did not appear and right to file Vakalat is forfeited.
This complaint is coming for final hearing before this Forum, the Forum pronounced the following order.
CC 11/2014
ORDER
Sri P. Praveen Kumar, FAC President.
1. The Complainant filed this complaint Under Section 12 of Consumer Protection Act 1986 to direct the Opposite Party to pay Rs.9,878/- which was paid by the complainant to the India First Life Insurance Co.Ltd., and pay Rs.50,000/- towards damages and costs.
2. The brief averments of the complaint are that the complainant has sent her orginal Insurance Policy Bond of India First Life Insurance Policy through opposite party vide Receipt NO.2938975 on 13-12-2012 to Mumbai. The opposite party failed to deiver the article and when asked for acknowledgment, the opposite party dodged the matter on one or other pretext. If the original policy bond received by the India First Life Insurance Company within 15 days, the compalinant will be refunded Rs.9,878/- by the said company, but due to negligence attitude of opposite party, the complainant sustained loss of Rs.9,878/-. The complainant got issued legal notice to opposite party on 23-04-2013, but the opposite party refused to receive the same and it was returned as “Refused”. The acts of opposite party amounts to deficiency of service. Hence, filed this complaint.
3. Notice issued to the opposite party by this Forum, the same was served to the opposite party and the case is posted for appearance of opposite party. Inspite of giving number of adjournments, the opposite party did not appear before this Forum and no representation on his behalf. Hence, the Forum forfeited for filing Vakalat and Affidavit by the opposite party.
4. The complainant in support of her claim, filed her Affidavit and also got marked Exs.A-1 to A-6.
Point No.1:-
5. On perusal of Chief Affidavit and documents filed by the complainant, it is evident that the complainant has paid the premium amount of Rs.9,878/-of India First life Insurance as per Ex.A-1. The said India First Life Insurance issued the Certificate. As per Ex.A-3 i.e. receipt, it is evident that the opposite party issued receipt for sending the policy bond to India First Life Insurance. But the opposite party has not delivered the bond. Vexed with the attitude of the opposite party, the complainant got issued legal notice dated 23-04-2013 as per Ex.A-4 to pay the insurance premium amount paid by the complainant of Rs.9,878/- and costs. But the opposite party did not do so.
6. The facts deposed by the complainant and the documents as referred to above clearly establish the fact that there is deficiency of service on the part of the opposite party for not serving the policy bond to the India FirstLife Insurance. As per the terms and conditions of the India First Life Insurance Co., if the insured is not satisfied with the policy rules and regulations or terms of policy, the insurer has to return the amount whatever amount was paid by the insured within 15 days from the date of receipt of the receiving the policy bond. As such the complainant not satisfied with the rules and regulations, she has been returned the same policy bond through the courier service. But the opposite party did not do so. Due to which the said bond period was expired and the complainant sustained huge loss. Hence, the opposite party is liable for refund of the amount of Rs.9,878/- and the opposite party failed to respond to the request of the complainant to make her loss good, the opposite party is also liable for payment of damages. It seems that the quantum of amount of Rs.50,000/- claimed by the complainant towards mental agony is so excessive. However, this Forum inclines to award damages to the tune of Rs.5,000/-.
7. For the foregoing reasons stated above, we are of the opinion that there is deficiency of service on the part of the opposite party, hence we hold this point.
8. Point NO.2: To What Relief:- As we held that there is deficiency of service on the part of the opposite party as stated supra, this point is also decided in favour of the the complainant against the opposite party.
9. In the result, this complaint is allowed directing the opposite party to deposit in this forum a sum of Rs.9,878/- towards the premium amount which was paid by the complainant and to pay Rs.5,000/- (Rs.Five thousand only) towards damages and costs within one month.
(Dictated to the Stenographer, transcribed by her, corrected and pronounced by us in the open Forum today, the 07th May, 2015).
Lady Member FAC President
District Consumer Forum, Warangal
APPENDIX OF EVIDENCE ON BEHALF OF COMPLAINANT.
On behalf of Complainant On behalf of Opposite Party
Affidavit of complainant filed. -
EXHIBITS MARKED ON BEHALF OF COMPLAINANT
Ex A-1 is the premium paid certificate for the year 2012-2013.
Ex.A-2 is the visiting card of the opposite party.
Ex.A-3 is the Receipt given by the opposite party.
Ex.A-4 is the office copy of legal notice issued to the opposite party dated 23-04-2013.
Ex.A-5 is the Postal Receipt.
Ex.A-6 is the returned cover.
ON BEHALF OF OPPOSITE PARTY
NIL
Lady Member FAC President
District Consumer Forum, Warangal.
