In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No.   430 / 2010.

1)                   Sri Swarnendu Kumar Adhya,

81D, Salimpur Road, Kolkata-700031.                                                     ---------- Complainant

---Versus---

1)                   Katak Mahindra Old Mutual,

Represented by its Chief Operating Officer, Central Processing Centre,

8^th Floor, Godrej Coliseum, Sion (East), Mumbai-400022.

2)                   Grievance Redressal Officer,

Kotak Mahindra Old Mutual Life Insurance Limited,

Kotak Towers, 5^th Floor, Zone-II, Building No. 21,

Infinity Park, Malad East, Mumbai-700097.

3)                   Rajasree Sinha,

4)                   Sonali Bose and

5)                   Namita Mallick

Represented of Kotak Mahindra Old Mutual Life Insurance Limited,

Corporate Service, 42/1, Bankim Mukherjee Street,

2^nd Floor, Block-D, New Alipore, Kolkata-700053.                                                ---------- Opposite Parties

Present :           Sri Sankar Nath Das, President.

                        Dr. Subir Kumar Chaudhuri ,Member

                        Smt. Sharmi Basu ,Member

Order No.   17    Dated  31/08/2012.

            The petition of complaint has been filed by the complainant Swarnendu Kumar Adhya against the o.ps. Kotak Mahindra Old Mutual Life Insurance Ltd. and others.  The case of the complainant in short is that complainant is the policy holder having Life Insurance Policy no.01859508 and Client ID no.53426735 under the plan Kotak Super Advantage (UIN-107L058V01) of Kotak Mahindra Old Mutual Life Insurance Ltd. and he paid the sum of Rs.25,000/- by way of A/C Payee Cheque dt.11.1.10 of State Bank of India, Dhakuria Branch, Kolkata-31 for Rs.25,000/- in favour of o.p. as installment for the said insurance policy. The said cheque was encashed on 13.1.10 by the banker of complainant in favour of o.p. But he did not receive the policy certificate from o.p. no.1 till 8.3.10 and after several requests of the complainant. O.p. sent the policy certificate to complainant on 9.5.10. and as per the complainant he was surprised to see that the date of commencement, of the said policy was mentioned as 8.3.10. Thereafter, after repeated requests of the complainant, the o.ps. did not amend the date of commencement 13.1.10 instead of 8.3.10. Hence the case was filed by the complainant with the prayer as contained in the prayer portion of the petition of complaint.

            O.ps. did not contest the case by filing w/v even after receipt of notice and matter was heard ex parte against them accordingly.

            Decision with reasons:

            We have gone through the pleadings of the parties, evidence and documents in particular. It appears from the record             that o.p. did not appear before this Forum after valid service of notice and the documents filed by the complainant have remained unchallenged testimonies. 

            After scrutinizing and taking the unchallenged testimonies of the complainant as valid and true and considering four corners of the instant case we are of the opinion that the o.p. nos.1 and 2  have committed deficiency in rendering service and also they are liable for negligence and inaction and they are duty bound to take necessary action for commencing the date of policy in question on 13.1.10 instead of 8.3.10.

            To decide whether the complainant is entitled to relief.

            It is beyond doubt that for the abovementioned deficiency, negligency and inaction of the o.p. nos.1 and 2 the complainant has to suffer mental agony and harassment and o.p. nos.1 and 2 are liable to compensate the complainant for his mental agony and harassment.

            Hence, ordered,

            The case of the complainant is allowed ex parte against all the o.ps. and the same is allowed with cost against o.p. nos.1 and 2 and without cost against o.p. nos.3 to 6.

            The o.p. nos.1 and 2 are jointly and/or severally directed to commence the issuance date of policy in question from 13.1.10. The o.p. nos.1 and 2 are jointly and/or severally directed to pay Rs.10,000/- (Rupees ten thousand) only towards compensation for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% shall accrue over the entire sum due to the credit of the complainant till full realization.

Supply free certified copy of this order to the parties as per section 21(1) of the Consumer Protection Regulation.