DIST. CONSUMER  DISPUTES  REDRESAL  COMMISSION

NORTH 24 Pgs., BARASAT.

C. C.  No. 255/2022

           Date of Filing:                         Date of Admission:                               Date of Disposal:                

          22.08.2022                                   26.08.2022                                        19.01.2023

P R E S E N T                     :-   Smt. Sukla Sengupta…………………President

       :-   Smt. Monisha Shaw …………………. Member.

                                           :-     Sri Abhijit Basu……………………….Member

JUDGMENT / FINAL ORDER

            The complainant has filed the petition under Section 35 of the C.P. Act, 2019.

The fact of the case in brief is that the complainant has purchased one LICI policy vide policy No.57702353 from the O.P. No.2- Insurance Company through its agent O.P. No.1 provides maturity sum assured money of Rs. 2,12,500/- and the term of the policy was 15 years and yearly initial premium was Rs. 11,054.50 + 212.50 total Rs. 11,267/- per year, being convinced by the sweet words of the authorized agent and documents shown by him, the complainant purchased the said policy under the proposal No.27804, dated 27.03,2007. The maturity dated of the said policy was on 28.03.2022. The copy of the policy has been convinced herewith annexue ‘A’.

            It is further stated by the complainant/ petitioner that he paid all the premium regularly and the last and filing premium was paid on 20.03.2021 of Rs.11,267/- vide receipt No. Sl. No.VF0973824. In the said receipt of premium the sum assured amount was 2,12,500/-. Thereafter the complainant received a claim format from his service branch of the O.P on30.11.2021 in which he was advised to discharge the above claim format of Rs.1,53,853, being asked by him he LICI Authority took the plea that the sum assured amount is / was Rs. 1,00,887/- and guaranteed addition is / was Rs. 52,996/-, in total Rs.1,53,853/- on 21.02.2022. Being shocked by the reply of LICI the complainant visited the branch office of O.P on 04.05.2022 none of the officials shown any interest to resolve the issue. The copy concerned letter and the email between the parties are hereby annexed and marked as Annexure ‘B’. Hence the instant case is filed by the complainant with a prayer to give direction upon the O.P to pay the complainant Maturity Sum Assured amount of Rs. 2,12,500/- and guaranteed bonus amount which has been signed for agreed by and between the parties along with compensation of Rs.1,00,000/- for causing mental agony and harassment to the complainant. The complainant also prayed for Rs.50,000/- as litigation cost.

            On the basis of the above stated facts and circumstances it has to be considered by this commission (i) whether the case is maintainable in its present form and law (ii) whether the complainant has any cause of action filed this case (iii) whether the complainant is consumer or not? (iv) whether there was any deficiency in service or unfair trade practice on the part of the O.P. members? (v) whether the complainant is entitled to get the relief as prayed for? (vi)   what other relief/ reliefs is the complainant entitled to get?

            The part of the cause of action of this case arose at Delux Complex, Flat No. 504, 5^th floor, 584 M.B.Road, P.O. Birati, P.s. Nimta, Kolkata-700051, Dist- North 24 Pgs for which the complainant guide and permission from this commission under proper application under Section 34 of the C.P.Act, 2019.

Contd/-2

C.C. No. 255/2022

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            From the facts and circumstances as well as materials on record it is palpably clear before this commission that this commission has ample jurisdiction both territorial and pecuniary to try this case. The cause of action and the case has been filed on the basis of the cause of action well within the limitation period.

                                    Decision with Reasons

All the points are taken up together for convenience  or discussion and to avoid unnecessary representative.

            It is the case of the complainant that he purchased whether the LICI policy from the O.P. No.2 Insurance Company through its agent vide policy No. 577102353, proposal No.27804 dated 27.03.2007. From the annexure ‘A’ it is revealed that the policy bond reflected assurity  sum assured amounting to Rs. 2,12,500/- and the date of maturity was on 28.03.2022.  After maturity the O.P. No.2-Insurance Company gave a claim format to the complainant on 30.11.2021 from their service branch and advised to discharge the above claim format of Rs. 1,53,853/- instead of Rs. 2,12,500/-. Such discrepancy and variation of the maturity amount of the policy bond jeopardized the interest of the complainant and he raised the voice and made communications both mail orally and in writing which have been brought into evidence as Annexure ‘B’. So on careful consideration of Annexures ‘A and B’ has available in the case record and also considering the unchallenged testimony of the complainant this commission has no hesitation to hold the view that the O.P-members specially O.P.No.2 tried to deprive the complainant by reducing the maturity amount of the LICI policy No. 577102353 under proposal No. 27804 dated 27.03.2007 to the tune of Rs. 1,53,853/- only instead of Rs. 2,12,500/- only.

            Hence it is needless to mention here that on purchase the LICI policy mentioned above from the O.P.No.2 –Insurance Company through its agent. O.P.No.1 on payment of the schedule premium the complainant became the consumer under the O.P members and the O.P-members are the service providers.

            The conduct of the O.P- members which deprived the complainant from his legitimate claim of the maturity value of Rs.2,12,500/- only caused harassment, mental  pain and agony to the complainant and amounts to the deficiency in service and unfair trade practice on the part of the O.P-members for which they should be liable to give compensation to the complainant.

            On the basis of discussion made above it is held by this commission that the complainant could be able to prove his case beyond all the reasonable doubt and is entitled to the decree in exparte as prayed for.

            The case is properly stumped.

            All the points are thus decided favourably to the complainant.            

Hence, for ends of justice:

It is Ordered

          that the instant case be and the same is allowed exparte against both the O.P-members with cost.

            The complainant do get the decree in exparte.

            O.P-members are directed to pay the maturity sum assured amount of Rs. 2,12,500/- and the guaranteed bonus amount  and others amount as per policy agreement to the complainant either jointly or severally.

Contd/-3

C.C. No. 255/2022

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            The O.P.-members further directed to pay compensation to the complainant of Rs. 1,00,000/- along with interest at the rate of 9% p.a. on the same amount for causing harassment, mental pain and agony to the complainant either jointly or severally. The O.P-members are further directed to pay litigation cost of Rs. 5,000/- to the complainant.

            The O.P-members are directed to comply the decree within 45 days from this date of this order, in default the complainant will get further interest at the rate of 6% p.a. on the entire decretal amount from the date of default till realization.

            If the O.P-members failed to comply the decree within this stipulated period the complainant would be at liberty to execute the decree as per law.

Let plain copy of this order be given to the parties free of cost as per the CPR, 2005.

Dictated and corrected by me

President

            Member                          Member                                                President