IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA,

Dated this the 7^th day of October, 2014

Present:- Sri. Jacob Stephen (President)

Smt. K.P. Padmasree (Member-I)

Smt. Sheela Jacob (Member-II)

C.C.No. 96/2014 (Filed on 22.07.2014)

Between:

Sri. Vasudeva Kurup,

Manju Bhavanam,

Thengamam,

Pallickal.P.O.,

Adoor.

(By Adv. V. Satish Kumar)                               …..     Complainant

And:

1. The Manager,

India Infoline Insurance Brokers Ltd.,

Kottarakkara.

1. The Chief Operating Manager,

Birla Sun Life Insurance Co. Ltd.,

Kottarakkara.                                   …..    Opposite parties

O R D E R

Smt. K.P. Padmasree (Member – II):

                Complainant filed this complaint against the opposite parties for getting a relief from the Forum.

                2. Brief facts of the case is as follows:- Complainant Sri. Vasudeva Kurup, Manju Bhavanam, Thengamam, Pallickal P.O is running a petty shop and his vision of eye is almost lost. 1^st opposite party is the agent of the second opposite party. One of the agent of the 1^st opposite party approached the complainant and made the complainant enrolled in a policy with the Birla Sun Life Insurance Ltd. vide policy No.005157673 dated 24-10-2011 under the head Bachat Money Back Plan. Initially the 1^st opposite party had a branch office at Kottarakkara, and the agent received the payment at his residence at Thengamam and the receipt was also handed over at Thengamam.  Complainant paid an amount of R.6,000/- as half yearly instalments and had paid another 3 installment of Rs.6,100/- each. Opposite party collected the premium from complainant’s house all the time and delivered the receipt to him at his residence.

                3. After getting 4 instalments, the agent had not come to receive the money and the complainant’s daughter went to their Kottarakkara office for remitting the installment and it was found closed and on enquiry it was relieved that the said office has been closed for more than two weeks. Complainant had made several attempt to contact the opposite parties and the agent but it was in vain. Opposite parties failed to accept the amount and had closed the office without giving notice to the complainant.

                4. Finally complainant sent lawyers notice demanding the refund of the amount received from him but it was returned for the reason that addressee left.  The above said act of the opposite parties is a clear deficiency in service which caused financial loss and mental agony to the complainant and the opposite parties are liable to the complainant for the same.  Hence this complaint for the realization of the deposited installments of Rs.24,000/- along with 12% interest from 24.10.2011 and compensation of Rs.10,000/- along with cost.

                5. In this case opposite parties are exparte.

                6. On the basis of the averments in the complaint the only point to be considered is whether this complaint can be allowed or not?

                7. The evidence of this complaint consists of the proof affidavit and Ext A1 to A4 series.  After closure of evidence, complainant was heard.

               8. The Point:-  Complainant’s allegation is that he had taken a policy of the opposite parties through the 1^st opposite party’s agent. Complainant paid an amount of Rs.6,000/- as half yearly installments and had paid another 3 installments of Rs.6,100/-  each. After that, agent had not come to receive the money and complainant’s daughter went to the Kottarakkara office for remitting the installment and it was found closed and on enquiry it was revealed that said office was closed for more than two weeks. Complainant made several attempt to contact with the opposite parties and the agent but it was in vain. Opposite parties failed to accept the remaining installment and had closed the office without giving notice to the complainant.  The above said act of the opposite parties is a clear deficiency in service.  Complainant sent lawyers notice demanding the refund of the amount but the notice returned unserved. Hence the opposite parties are liable to the complainant for the same.

                9. In order to prove the case of the complainant, complainant filed a proof affidavit in lieu of his chief examination along with certain documents.  On the basis of the proof affidavit, the documents are marked as Ext. A1 to A4 series.  Ext. A1 is the Birla Life Insurance Ltd. Vide Policy No. 005157673 dated 24-10-2011 issued by the 2^nd opposite party to the complainant. Ext. A2 to A2 (c) are the cash receipts dated 21-08-2012, 18-09-2012, 11-10-2011, 11-04-2013 issued by the opposite parties to the complainant.  Ext.A3 is the copy of the legal notice dated 15-06-2014 issued by the complainant to the opposite parties.  Ext A4 is the postal receipt of Ext.A3.  Ext.A4(a)is the acknowledgment card of Ext.A3, Ext.A4(b) is the undelivered notice issue to 1^st opposite party.

                10. On the basis of the allegations and averments and the available materials on record it is seen that the complainant is a policy holder of the opposite parties and he had paid Rs.24,000/- to opposite parties by 4 installments.  According to the complainant an agent of the 1^st opposite party collected the premium from his residence and gives receipts for the same.  After collecting these four installments agent did not come to receive the money and on enquiry at their Kottarakkara office, it was found closed and he made attempt to contact with the opposite parties. Finally, he sent legal notice demanding the deposited amount and it returned unserved. From Ext.A4 documents, said allegation of the complainant is evident. According to the complainant opposite parties closed the principal office without giving notice to him. Since the opposite parties are exparte and in the absence of any evidence in favour of the opposite parties the complainant’s case stands proved as unchallenged. So we find that the act of the opposite parties is a clear deficiency in service and opposite parties are jointly and severally liable to the complainant. Therefore, this complaint is allowable.

                11. In the result, this complaint is allowed, thereby the opposite parties are directed to return Rs.24,000/- (Rupees Twenty Four Thousand only) with 10% from the date of filing of this complaint along with compensation of 5,000/- (Rupees Five  Thousand only) and cost of Rs.2,000/- (Rupees Two Thousand only) to the complainant within 15 days from the date of receipt of this order, failing which complainant is entitled to realize the whole amount ordered herein above with 12% interest from today till the realization of the whole amount.

                Declared in the Open Forum on this the 7^th day of October, 2014.

                                                                                   (Sd/-)

                                                                          K.P. Padmasree,          

                                                                            (Member - I)

Sri. Jacob Stephen (President)          :     (Sd/-)

Smt. Sheela Jacob (Member – II)      :      (Sd/-)

Appendix:

Witness examined on the side of the complainant:  Nil.

Exhibits marked on the side of the complainant:

A1 :  Birla Life Insurance Ltd. Vide Policy No. 005157673 dated  

        24-10-2011 issued by the 2^nd opposite party to the  

        complainant.

A2 to A2 (c) :  Cash receipts dated 21-08-2012, 18-09-2012,

                     11-10-2011, 11-04-2013 issued by the opposite  

                     parties to the complainant. 

A3 :  Copy of the legal notice dated 15-06-2014 issued by the 

         complainant to the opposite parties. 

A4 :   Postal receipt of Ext.A3. 

A4(a) : Acknowledgment card of Ext.A3.

A4(b) :  Undelivered notice issued to 1^st opposite party.

Witness examined on the side of the opposite parties:  Nil.

Exhibits marked on the side of the opposite parties:  Nil.

                                                                          (By Order)                             

                                                                              (Sd/-)

                                                                 Senior Superintendent.

Copy to:- (1) Sri. Vasudeva Kurup, Manju Bhavanam,

                    Thengamam, Pallickal.P.O., Adoor.

1. The Manager, India Infoline Insurance Brokers Ltd.,

            Kottarakkara.

1. The Chief Operating Manager, Birla Sun Life   

        Insurance Co. Ltd., Kottarakkara.          

(4)   The Stock File.