Haryana

Kurukshetra

22/2017

Sewapati - Complainant(s)

Versus

Kotak Mahindra - Opp.Party(s)

M.K.Sharma

10 Jan 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KURUKSHETRA.

 

   Complaint no. 248/16.

                                                    Date of instt. 2.9.16. 

                                                    Date of Decision:­­­­12.1.18.

 

Jeet Singh son Surja Ram, resident of House No.968, Sector-3, Urban Estate, Kurukshetra.

                                                                                                                                                ……….Complainant.    

                        Versus

 

1. Senior Vice President & Head Operations, Kotak Mahindra Old Life Insurance Limited, Mumbai.
2. Kotak Mahindra Life Insurance Limited, SCO-20, 2^nd Floor, Sector-17, near L.I.C. building, Kurukshetra, through its Branch Manager.

 

..………Opposite parties.

 

       Complaint under section 12 of Consumer Protection Act.       

 

 

Before       Sh. G.C. Garg, President.    

Dr. Jawahar Lal Gupta, Member

                Smt. VirajPahil, Member                                                    

 

Present: Sh.Kuldeep Singh Alyan , Adv. for complainant.                   

            Ops  ex parte.

       

                       

ORDER

                                                             

                 This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by complainant Jeet Singh against Kotak Mahindera& another, the opposite parties.

2.             It is stated in the complaint that the complainant purchased a life insurance policy bearing No.02851237 vide client ID No.56436316 from OPs on 31.12.2013. On 24.12.2015 the Ops have sent a message to the complainant for renewal of his above said policy. Since the complainant was not interested in further renewal of policy, so the complainant sent email to the Ops on the same date but in spite of clear refusal for the renewal of policy, the Ops have withdrawn a sum of Rs.99,999/- from his bank account illegally and thus the Ops have auto renewed the policy by preparing fake documents on his bank account. After enquiry the complainant also came to know that the Ops have auto renewed the policy in the year, 2014 also by withdrawing a sum of Rs.99,999/- from his account, whereas the complainant has clearly refused to renew his policy through registered email. The complainant got served a legal notice through his counsel Dr. Kuldip Singh, Advocate on 31.3.2016to refund his amount, but the Ops have not refunded the said amount to the complainant. Hence, in such like circumstances, the present complaint was moved by the complainant with the prayer to direct the Ops to refund Rs.1,99,998/-/along with up to date interest @ 18% per annum, to pay Rs.50,000/- as compensation for mental agony and financial losses and Rs.22,000/- as litigation expenses.

3.             Opposite parties failed to come present despite service. Hence, they were proceeded ex parte vide orders dated 14.10.2015 and 24.11.2016 respectively.

4.             The complainant proved on record his own affidavit as Ex.CW1/A, photo stat copy of admission form as Annexure C-1, photo stat copy of legal notice as Annexure C2, postal receipt as Annexure C3, photo stat copy of reply to legal notice as Annexure C4, letter dated January 28, 2016 as Annexure C5, photo stat copy of policy document as Annexure C6, photo stat copy of proposal form as Annexure C7, photo stat copies of emails as Annexure C8 to C10 and thereafter closed the evidence.

5.             We have heard learned counsel complainant and have gone through the record carefully.

6.            No doubt, the complainant has made the demand of Rs.1,99,998/- i.e. double of the amount but the complainant has failed to tell the Forum as to on what basis he is claiming the double of the amount. We are of the view that the complainant is entitled to the amount of Rs.99,999/- which the Ops have withdrawn from his bank account.

7.            In view of our above said discussion, the complaint of the complainant allowed partly and the Ops are directed to make the payment of Rs.99,999/- to the complainant within a period of 60 days from the date of order, failing which penal action under Section 27 of the Consumer Protection Act, 1986 shall be initiated against the Ops and in that case the complainant is entitled to the simple interest @ 6% per annum on the above said amount of Rs.99,999/-. The file be consigned to the record room. The file be consigned to the record room.

Announced:      

Dt. 12.1.2018.                                   (G.C.Garg)

                                                         President,

District Consumer Disputes                                Redressal Forum, Kurukshetra.

 

 

(Dr. Jawahar Lal Gupta)               (VirajPahil)     

 Member                                      Member