DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: BHADRAK : (ODISHA).

Dated the 15^th day of November, 2022.

C. C. No. 29 of 2020.

Present 1. ShriShiba Prasad Mohanty, President,

             2.  Smt. Madhusmita Swain, Member I/c.

Hasim Khan, S/o:- Abdul Sakur Khan,

Vill:-Chhadakmahala, Po/PS:- Puruna Bazar,

Dist- Bhadrak,  Odisha.                                                                                                                                       

                                                                    ……………………. Complainant.

                                     (Versus)

1. ICICI Prudential Life Insurance Company Ltd.,

Regd Office :- At:- ICICI Prudential Life Towers,

1889 Appasaheb Marathe Marg, Prabhadevi,

Mumbai – 400025, Maharashtra represented by its

Chief Manager.

1.  Manager, ICICI Prudential Insurance, At/Po:- Bhadrak,

P.S.:- Bhadrak (T), Dist:-Bhadrak.

1. Majbur Saha, S/o:- NizamuddinSaha

Vill/Po:-Geltua, Via:- Madhab Nagar,

P.S:- Bhadrak (R), Dist:-Bhadrak.

                                                             …………Opposite parties.

Counsel For Complainant  : Sri S.K. Mishra, Advocate & Associates,

Counsel For the OPs No.1 & 2         : Sri Dhirendra Kumar Ray.

Counsel For the O.Ps No. 3    :In person.

Date of hearing                        :   07.11.2022.

Date of order                            :   15.11.2022.

SHIBA PRASAD MOHANTY, PRESIDENT.

          In the matter of an application filed by the complainant alleging deficiency of service against the Opposite Parties under Consumer Protection Act, 2019.

Brief facts of the case is that :-The complainant is a permanent inhabitant of the address given above. The O.P. No.3 is the agent of the ICICI Prudential Life Insurance Company who is arrayed as O.P. No.1 having its head office at Mumbai.  O.P. No.2 is he manager of the local office here at Bhadrak.  O.P. No.3 persuaded the complainant to have a policy with ICICI in which case, he would get good return.  Being persuaded by O.P. No.3 & believing him to be true in good faith, the complainant made a policy under the ICICI Prudential Insurance bearing No. 12656333.  The date of commencement of the policy was 01.10.2009& the date of maturity was 01.10.2019.  The copy of policy certificate is filed along with this complaint.The complainant paid the premiums regularly.  On the maturity of the policy, the complainant contacted the office of the O.P. for the payment of the maturity money and he was informed that the same would be sent to the complainant in due time through cheque. The complainant then was informed that cheque for an amount of Rs. 53530.79 has been sent to the complainant through one Blue Draft courier service.  The complainant waited for quite some days and as thecheque was not received by him, he made an application on 25.11.2019 to the O.P. mentioning the fact of non-receipt of the cheque from the courier service.  As per the instructions of the office of the O.P., the complainant also submitted the copy of the Aadhaar Card, PAN Card & Bank A/c book.  In spite of the same, complainant did not receive the amount.  Complainant met the O.P. with his grievances & he was asked to make an application for payment of the maturity amount.  Accordingly, complainant submitted a written application on 06.02.2020 for payment of the amount payable. Complainant therefore prays that, the O.P. be directed to make payment of the matured amount of the Policy No.12656333 to the complainant along with compensatory interest @ 18% per annum from 01.10.2019 till date of payment.  O.P. also be directed to make payment of a sum of Rs. 10,000/- towards mental agony.  O.P. be further directed to pay cost of this proceeding along with advocate’s fee.

O.P. No. 1 & 2 resisted the claim and contested the case with a plea that, on 01.10.2009, O.Ps. received a duly signed and filled application form bearing No. LL35265950 from Mr. Hasim Khan for the Plan of “Save’n’Protect E01” with premium amount of Rs. 3,005/- half yearly for a sum assured amount of Rs. 53,300/-.  Accordingly, on 03.10.2009 the O.P. had issued Policy bearing No. 12656333.  It is alleged by the complainant that he took the policy from the agent named, MajburSaha, who is O.P. No.3.  Company had received duly filled & signed application form bearing No. LL35265950 requesting for the issuance of policy on the life of the complainant, details of which are as mentioned under:

            Based on the information provided in the said application/ proposal form, the company issued subject policy.  In accordance to Clause 6 (2) & (4) (1) of the Insurance Regulatory & Development Authority (Protection of Policy holder’s Interests) Regulations, 2002, the company had sent the Policy Documents to the communication address mentioned in the proposal form, At. ChandraMohalla, Po. Puruna Bazar, Via/Dist. Bhadrak, Near Maszid, Bhadrak, Odisha, Pin-756100, stating the policy terms & conditions & a forwarding letter stating the Free look provision along with a copy of proposal form on 05.10.2009.  Receipt of the policy documents are not disputed & the policy certificate which was sent as part of the policy document is annexed by the complainant, thereby admitting the receipt at the registered address as mentioned below.  He had ample opportunity to go through & understand the terms & conditions of the policy including the premium paying term, foreclosure & surrender clauses. Complainant under the subject policy was under an obligation to pay the premium for tenure of 10 years.  However, complainant paid the premium only till 01.04.2017 amounting to a total premium of Rs. 47,316/-& stopped paying the premium thereafter, for reasons best known to the complainant.  As per the terms of the policy contract, the subject policy matured on dt. 01.10.2019 & the maturity amount was duly processed  by the Company via transaction number 131913760 & a cheque for an amount of Rs. 53,530.79/- was dispatched to the complainant on 03.10.2019 at the address registered with the company, At. Chandra Mohalla, Po. Puruna Bazar, Via/Dist. Bhadrak, near Maszid, Bhadrak, Odisha, Pin-756100, which matches with the address provided in the present complaint via blue dart bearing AWB No. 36763642145.  As per the records of the company, the cheque was received by Hasim Khan.  It is submitted that the said cheque was also encashed by the complainant on 15.10.2019.

          Thereafter, the O.P. received a request from the complainant on 28.11.2019 to change of the date of birth in his policy.  O.P. declined the request for the reason that the policy had already matured.  In this regards O.P. duly sent a letter at the regd. address of the complainant on dt. 29.11.2019, i.e. Mr. Hasim Khan, at Chhadakmohalla, Po. Purunabazar, via/Dist. Bhadrak, Near Maszid, Bhadrak-756100.   On the receipt of the grievance from the complainant, the company had checked the delivery status of the aforementioned maturity cheque dispatch, with the courier service company, Blue Dart, and it was conformed that the cheque was duly delivered to Mr. Hasim Khan at the regd. address, where the receiver’s name has been stated as Hasim.  Therefore it is submitted that the onus is upon the complainant to prove that he has not received that the maturity cheque as it was dispatched to the same address to which the policy document was dispatched the receipt of which is admitted.  The present application is nothing but clearly an afterthought to gain undue money & wriggle lout contractual obligations.  This is a clear cut case of afterthought, vexatious & frivolous complaint.  Complainant has filed the present complaint with an ulterior motive & malafide intention to cause harassment & prejudice to the answering O.P., which is a company of high credibility & repute & to extract money from it without just cause or valid reason.  O.P. has not done anything in contravention to the terms & conditions of the subject policy & the maturity benefit payable under the policy has already been paid out to the policyholder & the same has so been en-cashed.  Hence, the present complaint should not be entertained & is liable to be dismissed.

                        Though O.P No.3 has appeared in person on 18.02.2020 and files a petition for time to file written version, thereafter he has no mind to proceed with the case hence he has been set ex-parte on 08.07.22 for non-filing of written version.

                    Having heard the Ld. Counsels for the parties and after carefully considering the rival contention of belligerent parties, this Commission finds that it proper to frame the following issues to settle the consumer complaint:-

1. Whether the policy taken by the complainant which matured on 01.10.2019, has been paid to the complainant  ?
2. If not, then whether the complainant been able to prove that no such maturity amount has been credited to his account against the said policy ?
3. Whether the O.P. Insurance Company has committed unfair trade practice, negligence and deficiency in service  ?
4. If so then to what relief the complainant is entitled to  ?

So far as the Issue No. 1& 2 is concerned, it is the admitted case of both the parties that, the complainant has taken an insurance policy bearing No. 12656333 on dt.01.10.2009, which matured on dt. 01.10.2019 with a maturity value of Rs. 53,300/-.  The case of the complainant is that, he has not received the maturity value against the insurance policy till the date of filing of this complaint nor till this date.  In the other hand, the O.P. Insurance Company says that he has paid the policy matured value amounting to Rs. 53,530.79/- through cheque& dispatched the same to the complainant on 03.10.2019.  the O.P. Insurance Company has averred in its written version at “facts of the case” heading at Para-3, that the communication address mentioned in the proposal form is at Chandramohalla, Po- Puruna Bazar, Via/Dist- Bhadrak, Near Maszid, Bhadrak, Orissa, Pin-756100.  But after perusal of case policy certificate it is found that the address is not that what has been said by the O.P. Insurance Company.

          Similar fact has also been mentioned in Para-5.  The O.P. has stated in Para-2 facts of the case heading that the policy has been dispatched on dt. 05.10.2009 but it’s Parawise Reply at Para-4, 7 & 11, it has been stated that the cheque has been dispatched dt.03.10.2019.  Further, the complainant has produced the original insurance policy before the commission at the time of hearing.  Normally all the insurance companies asks for the original insurance policy before release of the maturity value and the insurance companies make endorsements on face of the original insurance policies before releasing the maturity amount.  In this instant case, neither the O.P. insurance company has asked for the original policy document nor did it make any endorsement on face of it.  So, it can be safely concluded that, the O.P. insurance company did not process the maturity claim against the policy properly.  The complainant has also filed one affidavit sworn before Executive Magistrate, Bhadrak that he has in total three accounts at IDBI Bank, Bhadrak, SBI, Nua Bazar, Bhadrak& PNB, By-pass, Bhadrak and apart from these three savings accounts, he has no other bank account in any other Bank.  No cheque containing the maturity value against the case policy has been credited to any of his account ever.  In absence of anything contrary in evidence, this Commission finds this to be proved as no amount from the O.P. Insurance Company has ever been credited to any of the account of the complainant.  The maturity value against the case policy has never been credited & the account of the complainant.  so the issue No.1 & 2 are  answered in favour of the complainant.

          Now, so far as the Issue No.3 is concerned, the O.P. Insurance Company has committed unfair trade practice, as this has neither asked for the original insurance policy & other documents before processing the maturity value of the insurance policy andtried to thwart the legitimate claim of the complainant.  They have mentioned in the written version different address where they say to have disputed the maturity value cheque which is different from the address mentioned in the policy certificate which shows their negligence.  So, insurance No.3 is answered in favour of the complainant.

          The O.P. Insurance Company has committed unfair trade practice, negligence and deficiency in service for which this Commission with its concluded after thinks it proper that the O.P. shall pay the maturity value along with interest to the complainant along with compensation for mental agony and harassment.

                                      O R D E R.

          The complaint be and the same isallowed against O.Ps  No. 1 & 2  and ex-parte against O.Ps No.3.The O.Ps No. 1 & 2   are here by  directed to pay the maturity value amounting to Rs. 53,300.79 along with  accrued interest @ 9% from 01.10.2019 till the date of order and pay Rs. 10,000/- as compensation & Rs. 5,000/- towards the cost of litigation to the complainant within 30 days from the date of order.O.P. No.3 is immune from any liabilities.   

            This order is pronounced in the open Court on this the 15th   day of November 2022 under my hand and seal of the Commission.