In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No. 382 / 2011.
1) Sri Amit Chakraborty,
26/1, Dayananda Road, Durgapur-4. ---------- Complainant
---Versus---
1) Life Insurance Corporation of India, Bhowanipur Branch,
6/1, Ramesh Mitra Road, Kolkata-700025.
2) Life Insurance Corporation of India, Division-KMDO-II, Kolkata,
23A/44X, Diamond Harbour Road, Kolkata-700053. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Smt. Jhumki Saha, Member.
Dr. A. B. Chakraborty, Member
Order No. 6 Dated 3 0 / 0 3 / 2 0 1 2 .
Complainant, Mr. Amit Chakraborty paid Rs.12,010/- to o.p. no.1 on 1.10.10 as first year’s premium for taking a life policy for 16 years for which premium was supposed to be paid yearly. O.p. no.1 also issued one money receipt vide annex-A. But till the filing of the instant case on 2.12.11 o.p. no.1 did not provide him policy document. Complainant made several representations vide annex-B and C to o.p. no.1 and o.p. no.2 but no fruitful result came out. And due to non-receipt of policy. Complainant could not pay the 2nd year premium that was due sometime in the month of October 2011. Complainant at the time of submitting proposal form disclosed that in the year of 2008, ‘pace maker’ was placed on him. And the treating cardiologist Dr. Rabin Chakraborty also gave one certificate dt.23.12.11 stating therein that complainant is leading normal life as a regular office goer. Even at the instruction of o.p. no.1, complainant underwent many tests at o.p. no.1’s approved medical centre. And the test reports were sent to o.p. no.1, although tests were done at the cost of the complainant. O.ps. have neither sent the policy document nor they have declined to accept the proposal form of the complainant under these circumstances, alleging deficiency in service and unfair trade practice adopted by o.ps. complainant filed this instant complaint praying for a direction to be given upon the o.ps. to issue policy in his favour, to receive he yearly premium without any penalty, to pay Rs.30,000/- as compensation and Rs.10,000/- as litigation cost and to provide full risk coverage for accident benefit for his life along with other order / orders as the Forum may deem fit and proper.
Decision with reasons:
Even after proper service of notices, o.ps. never appeared and filed any w/v to controvert he allegations made out in the petition of complaint. Accordingly, the case was heard ex parte against both o.ps.
We have gone through the evidence and its annexure filed by complainant which corroborates the averments made in the petition of complaint. O.ps. have received the amount of Rs.12,010/- on 11.10.10 but till filing of this case on 2.12.11, no policy document was issued neither the letter of rejection by the o.ps. which is nothing but sheer negligence on the part of the o.ps. that caused immense mental agony for the complainant. And there is nothing to disbelieve the unchallenged testimony of the complainant. Accordingly, the case succeeds on merit with cost against o.ps.
Hence, ordered,
That o.ps. are jointly and severally directed to issue policy in favour of the complainant w.e.f. 11.10.10 covering accident benefit after taking all due annual premiums upto date without charging any penalty. The o.ps. are further directed to pay Rs.10,000/- (Rupees ten thousand) only as compensation and Rs.2000/- (Rupees two thousand) only as litigation cost. The o.ps. are directed to comply with the order within 45 days from the date of communication, i.d. a penalty of Rs.50/- per day (Rupees fifty) only shall be imposed upon the o.ps. till actual compliance by them.
Supply certified copy of this order to the parties.
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MEMBER MEMBER PRESIDENT
