Before the District Consumer Disputes Redressal Commission, Rohtak.

Consumer Complaint No.57

Instituted on :28.01.2020

Decided on :07.10.2024.

Sandeep s/o Sh. Ajit Singh, R/o VPO KiloiKhas, Tehsil &Distt. Rohtak.

                                                                                      ……..          ….Complainant

Vs

Future Generali India Life Insurance Company Limited, branch address-Plot No.401 & 402, Delhi Road, Model Town,(Near HDFC Bank) Rohtak through its Branch Manager.

…….Opposite party.

COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT.

BEFORE: SH. NAGENDER SINGH KADIAN, PRESIDENT.

                   DR. TRIPTI PANNU, MEMBER.

Present:       Sh. PardeepDangi, Advocate for complainant.

                   Sh. Rajesh Sharma, Advocate for opposite party.

                                      ORDER

SH. NAGENDER SINGH KADIAN, PRESIDENT:

1. Brief facts of the case as per the complainant are that he had purchased a life insurance policy no.00741781 on 19.01.2011 i.e. Future Generali Dream Guarantee plan participating with profit MONEY BACK PLAN which have sum assured of Rs.143000/- from the opposite party. As per the policy, in the year 2016 the 20% of the said sum assured, must have been made to the policy holder i.e. complainant but the opposite party did not make this payment. Complainant made aware the concerned officials of the opposite parties but all in vain. On 24.01.2020 the opposite party finally denied to make the  20% payment of sum assured of said policy as money back payment  according to the terms and conditions of the said policy to the complainant. Hence this complaint and it has been prayed that opposite party may kindly be directed to make the 20% payment of sum assured of said policy with 18% p.a.  interest from the due date of this payment.  Opposite party be further directed to pay Rs.50000/- on account of mental tension and harassment caused to the complainant due to deficiency in service on the part of opposite party alongwith interest and Rs.22000/- as counsel fee to the complainant.

2.                  After registration of complaint, notice was  issued to the opposite party. Opposite party appeared and filed its written statement submitting therein that in the present case, the complainant has already received the Payout in the month of  January 2016 as per the policy terms and conditions. The complainant has received a sum of Rs.28600/- on 29.02.2016 under the Future Dream Guarantee Plan and the same has been realized on 09.02.2016. The payment was made through cheque and details for the same are:

The complainant has already received the sum of Rs.28600/- on 29.02.2016 under the Future Dream Guarantee Plan from the company towards the benefits and has with malafide intention failed to mention the same in the complaint. Hence the complaint of the complainant is liable to be dismissed. The company has already made the payment in the year 2016. Hence the complainant is required to adduce strict proof in support of his allegations. There is no deficiency in service on the part of opposite party and neither the respondenthas caused any mental agony or harassment to the complainant.  Hence the respondent is not liable to pay any interest, compensation or costs to the complainant. All the other contents of the complaint were stated to be wrong and denied and opposite party prayed for dismissal of complaint with costs.

3.                Complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex. C-1 to Ex. C13 and closed his evidence on 28.09.2022. On the other hand, the learned counsel for opposite party has tendered affidavit Ex.RW1/A, documents Ex.R1 to Ex.R3 in his evidence and closed his evidence on dated 01.06.2023.

4.                We have heard learned counsel for the parties, perused the documents placed on record and have gone through material aspects of the case very carefully.

5.                    Through this complaint the complainant has demanded an amount of Rs.28600/- on account of money back payout under the policy. As per the complainant, opposite party was liable to pay the alleged amount in the year 2016  as per terms and conditions of the policy but the same has not been paid to the complainant till date despite his repeated requests. On the other handthe contention of ld. Counsel for the opposite party is that the alleged amount has already been paid to the complainant through cheque No.067783. The complainant has received a sum of Rs.28600/- on 29.02.2016 under the Future Dream Guarantee Plan and as per the confirmation from HDFC bank, the cheque was cleared at the beneficiary bank-State Bank of India-Rohtak. To prove the same opposite party has placed on record, a letter Ex.R2 issued by HDFC Bank to the opposite party, as per which the  cheque no.067783 amounting to Rs.28600/- issued by the opposite party was cleared. From the alleged document it is clear that the cheque no.067783 issued by the opposite party has been cleared but whether the said cheque amount has been deposited in the account of complainant or some other person. As per the complainant he has only one account, which was opened by him on 15.07.2016 and he has not opened any other bank account before this date. To prove the same complainant has placed on record an affidavit alongwith copy of Bank account of complainant with Sarv Haryana Gramin Bank and the date of issue of alleged account is 15.07.2016. As per the letter Ex.R2, the cheque no.067783 dated 09.02.2016 was deposited in the State Bank of India and the name of the beneficiary is Sandeep. So this Commission vide its order dated 05.08.2024 directed the Branch Manager, State Bank of India, Rohtak to produce the detail of cheque no.067783 with detail of beneficiary. In response to the same, Sh. Amit Kumar Clerk of SBI , Main Branch Rohtak appeared on dated 04.09.2024 and placed on record document Ex.XY. We have perused the document Ex.XY having six pages. As per the account detail mentioned on 1^st page, the name of customer is Mr.Sandeep Kumar s/o Ajit Singh R/o village KiloiKhas. The date of creation is 11.05.2011 and the mobile number of customer is 9368333337.  As per the statement of account at page no.2, the cheque no.067783 has been credited in the account No.31742394182. We have also perused the application form  at page no.4 & copy of PAN Card at page no.5. From these documents it is proved that the cheque has been deposited in the account of Sandeep s/o Ajit but as per copy of PAN Card submitted by State Bank of India, the date of birth of Sandeep is 20.04.1992 and the date of birth of complainant Sandeep is 01.01.1981. The photograph of the Sandeep mentioned at PAN card as well as at application form of SBI is also different from Aadhar card submitted by the complainant at the time of filing this complaint. Hence from the documents placed on record by the State Bank of India, it is proved that the cheque no.067783 was deposited in the account of some other person having same name. The complainant has not received the alleged amount till date. Hence due to non-receiving of alleged amount, complainant has suffered unnecessary harassment and as such he is entitled for the amount of Rs.28600/- alongwith interest & compensation from the opposite party. 

6.                In view of the facts and circumstances of the case we hereby allow the complaint and direct the opposite party to pay the alleged amount of Rs.28600/-(Rupees twenty eight thousand and six hundred only) alongwith interest @ 9% p.a. from the date of deposit of alleged cheque i.e. 08.02.2016 till its realisation to the complainant. Opposite party is also directed to pay a sum of Rs.5000/-(Rupees five thousand only) as compensation on account of mental agony and harassment and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant. Order shall be complied within one month from the date of decision. However, opposite party is at liberty to recover the alleged amount from the person, in whose account the amount has been deposited.

7.                Application(s) pending, if any, stand disposed of in terms of the aforesaid judgment.

8.                Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.

Announced in open court:

07.10.2024.

                                                          ................................................

                                                          Nagender Singh Kadian, President

                                                          ………………………………..

                                                          TriptiPannu, Member.