IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM
Present:
Hon’ble Mr. Bose Augustine, President
Hon’ble Mr. K.N. Radhakrishnan, Member
Hon’ble Mrs. Renu.P.Gopalan, Member
CC No. 323/15
Thursday the 31st day of March,2016
Petitioner : Salini Markose,
Mekkattu House,
Pakkil PO, Kottayam
686012
(Adv. Sheeba Tharakan)
Vs
Opposite parties : 1) HDFC standard Life Insurance
Co.Ltd., 11th Foor, Lodha, Excelus
Appollo Mills compound, M.M.Joshi
Marg, Mahalaxmi Mumbai-400011
2) HDFC Standard Life Insurance
Co.Ltd, Kadavil Buildings,
Muttambalam PO, Kannkkuzhy
Kottayam 686 004
3) Hari R.Nair,
Manager, HDFC Standard Life
Insurance Co.Ltd, Kadavil Buildings,
Muttambalam PO, Kanjikuzhy,
Kottayam 686 004.
(Adv. Saji Isaac K.J)
4) Minimol Antony, Manalel House,
Kollad Po, Kottayam 686 029
O R D E R
Hon’ble Mr. K.N. Radhakrishnan, Member
The case of the complainant is as follows
The complainant is holder of 5 numbers of policies having Nos.14670502 dtd 12.10.11, No.14939674 dt 25.11.2011, No.14776526 dt 12.12.11, No.14939674 dt 14 to 13 issued by 1st and 2nd opposite parties. The complainant has also taken policies of 1st and 2nd opposite parties in the name of her 2 sons Bibin Markose Ninan and Ninan M.Jacob. He had taken policies through the 4th opposite party who was working as sales development manager of the 2nd opposite party. The 3rd opposite party is the manager of the 2nd opposite party. The 4th opposite party had approached the complainant canvassing the policies of the 1st and 2nd opposite parties and by her friendly and helping nature she was able to conquer the confidence of the complainant. The 4th opposite party made the complainant to believe that if she takes policies of the 1st and 2nd opposite parties, the complainant will be made business leader and that the complainant will be given commissions etc. Believing the said assurance of the 4th opposite party, the complainant took several polices of the 1st and 2nd opposite parties. The complainant was also entrusting amounts in cash as well as by Cheque with the 4th opposite party, for remitting premiums in existing policies and also for taking new policies. Thereafter on enquiry the complainant came to know that the 4th opposite party has not remitted amounts entrusted wither her for remitting the premium amounts and that she has also borrowed huge amounts from different persons. The 4th opposite party has thereafter absconded from India. The Sub Inspector of policy Chingavanam Police Station, called the 3rd opposite party and through him it was revealed on 13/3/15 that 8 cheques issued by the complainant for remitting premium in existing policies and for taking single premium policies in her name was credited in the accounts of other parties. The complainant had not authorized the opposite parties to credit her cheques in the accounts of the other 8 persons. The said cheques were given for taking policies in the name of the complainant. But the 3rd and 4th opposite parties have credited the said amount in the account of others which amounts to unfair trade practice and also deficiency in service. Even though the complainant had requested the opposite parties to return the amounts due to the complainant, they have not done so. There was deficiency in service from the side of the opposite parties. Hence this complaint.
The notices were served with the opposite parties. They did not appear either in person or through their counsel even after accepting the notice from this forum.
The complainant filed proof affidavit and documents which were marked as Exts. A1 to A4
Heard. The case of the complainant stands un-challenged by the opposite parties even after accepting the notice from this Forum. So we have no reasons to dis-believe the sworn proof affidavit and documents filed by the complainant. Hence we are of the opinion that the case of the complainant is to be allowed.
In the result the complaint is allowed as follows.
We direct the opposite parties to refund Rs.4,02,611/- to the complainant and pay Rs.5000/- as costs of these proceedings.
The Order shall be complied with within a period of one month from the date of receipt of copy of this order. The order not complied with within one month the amount will carry interest @ 10% per annum from the date of order till payment. All the opposite parties are jointly and severally liable to compensate the complainant.
Pronounced in the Open Forum on this the 31st day of March, 2016.
Hon’ble Mr. K.N. Radhakrishnan, Member Sd/-
Hon’ble Mr. Bose Augustine, President Sd/-
Hon’ble Mrs. Renu.P.Gopalan, Member Sd/-
Appendix
Documents for the petitioner
Ext.A1-Copy of Statement of account from 1-1-12 to 31-1-15 from Federal Bank
Ext.A2-Copy of statement of account from 1/4/13 to 31/10/13
a/c No.004001000012783 by Overseas bank
Ext.A3-Copy of a/c statement from 1/4/12 to 31/3/13 a/c No.002543 from
Corporation Bank Kollad
Ext.A4-Copy of statement of a/c No.100020477775 from Indusind bank
By Order,
Senior Superintendent
