Haryana

Karnal

431/2011

Jagdish Chand S/o Sunder - Complainant(s)

Versus

Kotak Mahindra Old Mutual Life Insurance Co.., Kotak Mahindra Bank Ltd - Opp.Party(s)

Sh. Satpal Singh

25 Nov 2014

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

 

                                                          Complaint No.  431 of 2011

                                                               Date of instt.19.07.2011                                                            

                                Date of decision: 11.3.2015

 

 

Jagdish Chand  son of Shri Sunder resident of House No.20, village  Samana  Bahu tehsil Nilokheri district Karnal..                                                     ………..Complainant.

                             Versus

 

1. Kotak Mahindra Old Mutual Life Insurance Co.Ltd. 21, Kotak Infinity Tower, Goregaon Mumbai  through its Branch Manager, Branch office, Karnal.

 

2.Kotak Mahindra Bank Ltd.SCO No.153-154, Sector 9-C, Madhya Marg, Chandigarh through its Branch Manager, Branch office, Karnal.

                                                ……… Opposite Parties.

 

                   Complaint U/s 12 of the Consumer

                   Protection Act.

 

Before          Sh.Subhash Goyal……. President.

                   Smt.Shashi Sharma….Member.

                  

 

 Present        Sh.Satpal Singh Advocate for the complainant.

                   Sh.Vineet  Rathore Advocate for the Ops.

ORDER:        

 

                        The complainant has filed the present complaint u/s 12 of the Consumer Protection Act against the Ops on   the allegations that the complainant had purchased a Sonalika – 35 tractor which has been registered vide registration No. HR-05Z-7217.It has been further alleged that the said tractor was got financed from the OP No.2 vide his loan account NO.248621 and as per the policy of the OP no.2, son of the complainant namely Shiv Kumar was insured by the OP no.2 through the OP No.1  to the extent of loan amount. The OP no.1 issued certificate bearing  No. TEP – 08384 which was to be matured on 10.12.2011.  It has been further alleged that unfortunately on 21.8.2010 son of the complainant expired and after the death of his son, the complainant gave due intimation to the OP No.2.  The  OP No.2 got completed certain formalities from the complainant and after some time asked the complainant that he has to pay an amount of Rs.48100/- (loan amount) and the complainant was asked to pay the said amount and was also assured to refund of the same after sanction. Accordingly, on the assurance of the Ops, the complainant deposited the said amount with the OP no.1 vide receipt dated 23.12.2010 but the said amount has not yet been refunded by the OP no.1 to the complainant which amounts to deficiency in services on the part of the Ops. Thus, alleging deficiency in services, the complainant has filed the present complaint against the Ops and has prayed that the Ops be directed to refund the amount paid in excess alongwith compensation and litigation expenses.

 

                  

2.                On notice the OP No.1 appeared and filed  and  it was contended that the OP no.1 had extended the cover against membership TFE 5529731 wherein the life assured Shiv Kumar and the amount of INR 297627  were  covered.

 

                   The OP no. No.2 filed its separate written statement raising the preliminary objections that the complaint was not maintainable; that the complainant has not approached the Forum with clean hands etc. Issuing of cover note for the life of Shiv Kumar and due amount has not been denied but with the exception that son of the complainant died on 21.8.2010 for which the complainant imparted the belated intimation to the answering OP No.2 in the month of December, 2010  and till then installment became due. The answering OP processed the claim and credited the sum of Rs.2,97,627/- in his loan amount.

 

3                 We have heard the learned counsel for the parties and have gone through the case file very carefully.

 

4.       Therefore, after going through the facts and circumstances of the case, evidence on the file and the arguments advanced by the learned counsel for the parties, it emerges that complainant had purchased a Sonalika – 35 tractor which has been registered vide registration No. HR-05Z-7217 and  that the said tractor was got financed from the OP No.2 vide his loan account NO.248621 and as per the policy of the OP no.2, son of the complainant namely Shiv Kumar was insured by the OP no.2 through the OP No.1  to the extent of loan amount. The OP no.1 issued certificate  of cover bearing No. TEP – 08384 which was to be matured on 10.12.2011. It has also come in evidence that son of the complalinant died on21.8.2010 and, the complainant gave due intimation to the OP No.2 and the complainant has stated that after the death of son of the complainant entire loan amount was to be waived off and the amount received by the OP No.2 was liable to be refunded as assured.

 

                   However, the Ops have stated that the son of the complainant died on 21.8.2010 and the complainant gave late information regarding death of the son of the complainant and no assurance was given by the OP No.2 to return the amount as alleged.

 

5.                However, after going through the facts and circumstances of the case, it emerges that the son of the complainant died on 21.8.2010. This fact is not disputed by either of the parties. As per the   terms and conditions of the insurance cover note no balance installment was required to be paid by the complainant after the death of  his son.  As per receipt Ex.C4 the amount of Rs.48100/- has been paid by the complainant on 23.12.2010 whereas the son of the complainant died on 21.8.2010. The   complainant has sought refund of  the amount paid after the death of his son.

 

                    It is evident from Ex.C3 that , as per the terms and conditions of cover note,

the complainant was not required to  pay any further installment after 21.8.2010 i.e. date of death of his son and as such non refund of the amount paid by the complainant after the death of his son amounts to deficiency in services on the part of the Ops.

 

6.                Therefore, we accept the present complaint and direct the Ops to refund the amount which has been received by the OPs after 21.8.2010 from the complainant alongwith interest @ 9% per annum from the date of filing of the present complaint i.e. 19.7.2011 till its actual realization. The complainant shall also be entitled for a sum of Rs.2200/- towards the harassment caused to him and for the legal fee and litigation expenses. The Ops shall make the compliance of this order within a period of thirty days from the date of receipt of the copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

 

Announced
dated: 11.03.2015                                                                           

                                                              (Subhash Goyal)

                                                             President,

                                                         District Consumer Disputes

                                                          Redressal Forum, Karnal.

                   (Smt.Shashi Sharma)

                             Member.

 

 

         

 

 

Present         Sh.Satpal Singh Advocate for the complainant.

                   Sh.Vineet  Rathore Advocate for the Ops

 

                   Arguments heard. Vide our separate order of the even date, the present complaint has been accepted. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

 

 

Announced
dated: 11.03.2015                                                                            

                                                              (Subhash Goyal)

                                                             President,

                                                         District Consumer Disputes

                                                          Redressal Forum, Karnal.

                   (Smt.Shashi Sharma)

                             Member.