Before the District Consumer Disputes Redressal Commission, Rohtak.

                                                                             Complaint No. : 322

                                                                             Instituted on     : 12.06.2023

                                                                             Decided on       : 10.10.2023

Jyoti D/o Sh. Rajkumar R/o H.No.12225 D, Gali No. 1, Mahavir Colony, Opp. T.B.Hospital, Rohtak-124001.

                                                                             .......................Complainant.

                                                Vs.

1. HDFC Standard Life, Ashoka Chowk, 2^nd Floor, Delhi Road, Opp. Myna Tourist Complex-124001.
2. Registered Office, Lodha Excelus 13^th Floor, Apollo Mills Compound, N.M Joshi Marg, Maha Laxmi, Mumbai-400011(Tel.02267516666)

                                                                                                                                                                                      …………...Opposite parties.

          COMPLAINT U/S 35 OF CONSUMER PROTECTION ACT,2019.

BEFORE:  SH.NAGENDER SINGH KADIAN, PRESIDENT.

                   DR. TRIPTI PANNU, MEMBER.

                   DR. VIJENDER SINGH, MEMBER

Present:       Complainant in person.

                   Opposite parties already exparte.

                                                ORDER

TRIPTI PANNU, MEMBER:

1.                Brief facts of the case as per complainant are that she got herself insured with the opposite party no. 1 vide policy no.13397099 on 25.01.2010 which was to be matured on 18.01.2022. It is further submitted that she had paid all the installments on time but when the policy was matured, the opposite party said that she had to pay one more installment whereas she had already paid all the installments. However, as per their demand, she paid the installment. After some time, she again approached to the opposite parties, then they told that they had already paid the maturity amount but the complainant did not receive that amount. The complainant repeatedly contacted the company and it was told that the said amount had been paid to someone else. It is further submitted that after repeated requests of the complainant for about 16 months, she received her money on 05.05.2023 without interest of that 16 months. As such, there is deficiency in service on the part of opposite parties. Hence this complaint and it is prayed that opposite parties may kindly be directed to pay the interest of 16 months and Rs.50,000/- as compensation and harassment to the complainant as explained in relief clause.

2.                After registration of complaint, notice was issued to the opposite party no. 1 received back duly served and notice sent to opposite party no. 2 through registered post not received back. However track report placed on record which reveals that Item Delivery Confirmed. But none has appeared on behalf of opposite parties. As such, the opposite parties were proceeded against exparte vide order dated 25.07.2023 of this Commission.

 3.               Complainant has tendered documents Ex.C1 to Ex.C3 and submitted that complaint filed by him be also read as her affidavit and closed her evidence on dated 29.08.2023.

4.                We have heard the complainant and have gone through material aspects of the case very carefully.

5.                In the present case, as per the complainant the maturity date of policy was 18.01.2022 but the insurance company has paid the amount of Rs.164417/- on dated 05.05.2023 i.e. after a delay of approximately 16 months. To prove the same complainant has placed on record copy of policy Ex.C2, as per which final premium due was on 18.01.2021 and the maturity date of the policy is 18.01.2022. As per  account statement Ex.C1, the alleged amount has been transferred in the account of complainant on 05.05.2023. Hence the amount has been paid by the opposite parties after a delay of 16 months. As such there is deficiency in service on the part of opposite parties and opposite parties are liable to pay interest on the alleged amount to the complainant.

6.                In view of the facts and circumstances of the case, we hereby allow the complaint and direct the opposite parties to pay interest @ 9% p.a. on Rs.164417/- w.e.f.18.01.2022 to 05.05.2023 and also to pay Rs.10000/-(Rupees ten thousand only) as compensation on account of deficiency in service 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.

7.                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:

10.10.2023

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

                                                          Nagender Singh Kadian, President

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

                                                          Tripti Pannu, Member.

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

                                                          Vijender Singh, Member.