DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: BHADRAK
Dated the 15th day of May, 2018
Present 1. Shri Raghunath Kar, President
2. Shri Basanta Kumar Mallick, Member
3. Afsara Begum, Member
C.D Case No. 05 of 2016
1. Oja Bibi
W/o Sek Jabar
2. Mr. Sek Jabar
S/o Sek Rasuli
Both are Vill: Haladidhi, Po: Haladidhi
Ps: Bhadrak, Dist: Bhadrak
……………………. Complainant
(Versus)
1. General Manager
Bajaj Allianz Life Insurance Company Ltd.
West Hub, 2nd Floor Bajaj Finserve, Survey
208/1- B behind Weikfield IT Building
Viman Nagar, Nagar Road, Pune,
Maharastra, 411014
2. Branch Manager
Bajaj Allianz Life Insurance Company Ltd.
2nd Floor, Kaushlya Building
Above P.N.B. Bank, Bhadrak
By-pass Road, Bhadrak, Odisha
…………………………..Opp. Parties
For the Complainant: Sri B. Mohanty & Others
For the O.Ps: Md Aktar Khan & Others
Date of hearing: 12.09.2017
Date of order: 15.05.2018
SRI RAGHUNATH KAR, PRESIDENT
The complainants have filed the complaint alleging against the O.Ps for deficiency of service, that the complainants have invested their money with the O.Ps Company such as Bajaj Life Insurance Company Ltd. on 18.11.2010 which is evident from certificate of insurance Annexure- 1. The amount of money both the complainants invested Rs 49,990/- each. Therefore, the O.Ps issued two numbers of certificates one in the name of complainant No. 1 and another in the name of complainant No. 2. The policy number of the complainant No. 1 is 0190750635, policy holder name recent insurance service insured under Group Seva Plan Policy started on 18.11.2010. Pertaining to the policy of the OP No. 1 the agent code is 2000000342 and money deposited Rs 49,990/-. The complainant No. 2 also issued a certificate if insurance bearing policy No- 0190750635. Recent insurance service insured under Group Seva Plan Policy. The certificate issued on 18.11.2010. Pertaining to the above noted policy of OP No. 2 the agent code is 2000000342. The money deposited by the OP No. 2 is Rs 49,990/-. The membership number of complainant No. 2 is 0227207652. Whereas the membership number of complainant No. 1 is 02272076502 premium made is single for each complainant and premium amount of Rs 49,990/- for each of the complainant. The date of commencement for the complainant No. 1 is 18.07.2011 where as the date of commencement for complainant No. 2 is 19.07.2011. Both the complainants requested at the officials of OP No. 2 in the local Branch at Bhadrak as the complainants will surrender the insurance certificate to the OP No. 2 so that they will return their money which has been instructed on the back-side of the policy certificate. But it is the matter of regret that the OP No. 2 did not take it seriously or care the same properly. Hence both the complainants have been complied to take shelter under this Forum for obtaining the reliefs.
The complainants have sought for the reliefs as follows that:-
1. The O.Ps be directed to refund the insurance deposit amount to the complainant with interest thereto.
2. The O.Ps be directed to pay Rs 3,000/- for each complainant towards mental agony.
3. The O.Ps be directed to Pay Rs 2,000/- each towards cost of the litigation.
Documents filed by the complainants (Xerox copies):-
1. Certificate of insurance- 2 sheets- Annexure- 1.
2. Certificate of insurance - 2 sheets- Annexure- 1/1.
3. Money receipt Vide serial No- 9134504- 1 sheet- Annexure- 3.
4. Money receipt Vide No- 9134503- 1 sheet- Annexure- 4.
5. Legal notice issued on 31.10.2015- 1 sheet- Annexure- 2.
6. Policy certificate- 4 sheets.
7. Reply to the legal notice issued by the O.Ps- 4 sheets.
The OP No. 1 & 2 have filed their written version analogously as follows:-
That both the O.Ps have challenged the maintainability, limitation & lack of jurisdiction of this case. They have also raised the issue of non-joinder & mis-joinder of necessary parties in this case. The O.Ps have denied all the allegations made by the complainant against them. They have cited some orders pronounced by the learned appellate courts.
But those citations or the decisions have got no authenticity because they are suffering from certain drawbacks. They have failed to cite the name of the journals as well as the reference of the pages and chapters. The O.Ps could not prove their innocence as well as causing of the deficiency of service. They have failed to file their relevant documents with regard to the case matter. Without filing those documents cited in their written version they have lost their evidence to prove their case.
OBSERVATION
We have observed the matter and found that the complainant have filed certain documents in favour of them to support their stands but on the other hand the O.Ps have failed to submit their relevant documents in favour of their written version. The complainant has successfully proved the cause of action which arose on dated 31.10.2015. The OP No. 1 did not respond the time bound legal notice issued by the concerned advocate of the complainants. The complainants are the consumers according to the CP Act because inspite of they have deposited the aforesaid amount in view of the insurance and they were deprived of to withdraw their money. On the insurance policy certificate in clause 5 of master policy covers the conditions of the surrender value. It is laid down that after completion of 3 years of membership any member may surrender his membership. Where the policy conditions are apparent but it is matter of regret that the O.Ps have refused and repudiated the application made by the complainant to withdraw their deposited money. The complainants have fulfilled the criteria of the policy condition asking for their money after completion of 3 years from the date of initiation of the insurance. So it is obviously manifested that the O.Ps have caused deficiency of service towards the complainant. With regard to the policy numbers, amount of premiums, dates of initiations of the insurance, agent code number incorporated in the complaint by the complainants are wholly admitted by the O.Ps. Hence the complainants have come clean handed to the Forum. Hence it is ordered;
ORDER
The complaint be and the same is allowed against the O.Ps They are here by directed to refund back the insurance deposited amount by the complainants with interest to both the complainants. The O.Ps are also directed to pay Rs 3,000/- to each of the complainant towards mental agony. They are further directed to pay Rs 2,000/- to each of the complainant towards cost of the litigation to the complainant within 30 days from receipt of this order.
This order is pronounced in the open Forum on this day of 15th May, 2018 under my hand and seal of the Forum.
