IN THE DISTRICT CONSUMERS’ DISPUTES REDRESSAL FORUM AT MYSORE<br /> <br /> PRESENT: 1. Shri.A.T.Munnoli<br /> B.A., L.L.B (Spl.) - President <br /> <br /> 2. Smt.Y.V.Uma Shenoi<br /> M.Sc., B.Ed., - Member<br /> 3. Shri. Shivakumar.J.<br /> B.A., L.L.B., - Member<br /> <br /> CC 223-10 DATED 15.07.2010<br /> ORDER<br /> <br /> Complainant K.H.Rajappa, S/o Late Honnappa, D.No.S/803, 5th Main Road, 1st Stage, Srirampura, Vivekananda Nagara, Mysore.<br /> <br /> (By Sri.M.C.D, Advocate)<br /> <br /> Vs. <br /> Opposite Parties 1. Development Officer, Life Insurance Corporation of India, Mysore-Bangalore Main Road, Bannimantapa, Mysore.<br /> <br /> 2. Branch Manager, Life Insurance Corporation of India, 2nd Division, Bannimantapa, Mysore.<br /> (By Sri. K.I.B, Advocate)<br /> <br /> Nature of complaint : Deficiency in service<br /> Date of filing of complaint : 31.05.2010<br /> Date of appearance of O.P. : 15.06.2010<br /> Date of order : 15.07.2010<br /> Duration of Proceeding : 1 MONTH <br /> <br /> <br /> PRESIDENT <br /> <br /> <br /> <br /> MEMBER<br /> <br /> <br /> MEMBER<br /> <br /> <br /> Sri. A.T.Munnoli,<br /> President<br /> <br /> 1. The complainant has filed the complaint under section 12 of the C.P.Act against the opposite party, alleging deficiency in insurance service.<br /> <br /> 2. In the version filed by the second opposite party, allegations in the complaint are denied and it is contended that, as per the terms and conditions of the policy, premiums have been collected. It is stated that, there is no deficiency in service.<br /> <br /> 3. In support of his case, the complainant has filed his affidavit and produced certain documents. On the other hand, Administrative Officer of the opposite party has filed his affidavit and produced certain documents. We have heard the arguments and perused the records.<br /> <br /> 4. Now, the point for our consideration is, whether the complainant has proved any deficiency in service on the part of the opposite parties and that he is entitled to the reliefs?<br /> <br /> 5. Our finding is in negative, for the following reasons.<br /> <br /> REASONS<br /> <br /> 6. The fact that, the complainant has taken policy from the opposite parties bearing No.721777970 for a sum assured Rs.1,00,000/- and the premium amount of Rs.935/- for a period of 10 years, is admitted.<br /> <br /> 7. The grievance of the complainant is that, the opposite parties collected premiums each of Rs.935/- instead of Rs.835.50. Since, sum assured is Rs.1,00,000/- and in all 120 premiums are to be paid, as claimed by the complainant, would be each for Rs.833.50. But, it is relevant to note that, on the basis of the proposal accepting the same, policy has been issued by the opposite parties to the complainant. It was more than 10 years back. In the policy, premium agreed and accepted to be paid is Rs.935/-. When that is the agreed premiums payable by the complainant, now he cannot contend contrary. Opposite parties in the version have contended that, depending on the age of the complainant, as per the table fixed by the Corporation, the premium has been collected.<br /> <br /> 8. By the present complaint, the complainant has sought direction to the opposite parties to refund a sum of Rs.12,200/- alleging excess collection. It is worked out, taking into consideration, each premium of Rs.833.50. But, at the cost of repetition, as noted above, as per the terns and conditions of the policy, each premiums agreed to be paid were of Rs.935/- and accordingly, that has been paid. More than 10 years back, proposal was submitted and policy was issued and the terms and conditions are accepted by both the parties. Hence, under the circumstances, we found no deficiency in service on the part of the opposite parties. Accordingly, we pass the following order: <br /> ORDER<br /> <br /> 1. The Complaint is dismissed.<br /> 2. There is no order as to costs. <br /> 3. Give a copy of this order to each party according to Rules.<br /> (Dictated to the Stenographer, transcribed by her, transcript revised by us and then pronounced in the open Forum on this the day 15th July 2010)<br /> <br /> <br /> (A.T.Munnoli) <br /> President <br /> <br /> <br /> (Y.V.Uma Shenoi)<br /> Member<br /> <br /> <br /> (Shivakumar.J.)<br /> Member<br /> <br />