Kerala

StateCommission

A/506/2017

P RAVEENDRAN - Complainant(s)

Versus

MANAGER, BHARTI AXA LIFE INSURANCE - Opp.Party(s)

UNNIKRISHNAN V

08 Aug 2017

ORDER

 

KERALA STATE CONSUMER DISPUTES REDRESSAL

COMMISSION  VAZHUTHACAUD, THIRUVANANTHAPURAM

APPEAL NO.506/17

 

JUDGMENT DATED:08.08.2017

 

PRESENT : 

HON’BLE JUSTICE SHRI. S.S. SATHEESACHANDRAN: PRESIDENT

SHRI.V.V.JOSE                                                                     : MEMBER

 

P. Raveendran, S/o P. Parameswara Menon,

Krishnapooja, Palliyil Lane,                                                         : APPELLANT

Poonkunnam, Thrissur, PIN-680 002.

 

(By Adv: Sri. Unnikrishnan)

 

            Vs.

 

1. The General Manager,

Bharti Axa Life Insurance Company,

East Fort, Thrissur, PIN-680 001.

                                                                                                            : RESPONDENTS

2. Swapna Vasudev,

Marketing Agent,

Bharti Axa Life Insurance Company,

East Fort, Thrissur, PIN-680 001.

 

JUDGMENT

 

HON’BLE JUSTICE SHRI. S.S. SATHEESACHANDRAN :  PRESIDENT

Complainant is the appellant.  His complaint numbered as CC.218/16 was allowed in part by the District Forum directing the first opposite party to refund Rs.47330.27 with 9% interest from the date of complaint within one month from the date of the order.  Complaint was also allowed to get interest at 9% till realization in default of compliance.  Complainant has preferred this appeal to the extent his claim was not allowed by the District Forum.

2.      He had taken two policies, one for Rs.1,00,000/- and the other for Rs.25,000/- from the first opposite party through the 2^nd opposite party, on the assurance given that on completion of three years he would get back the amount paid with benefits.  Without taking his consent the sum of Rs.1,00,000/- paid was splitted into two policies, one for Rs.80,000/- and the other for Rs.20,000/-, and the term to collect benefits thereof was fixed as five years instead of three years promised.  The opposite parties had joined him in compo policy where refunding was not available without his knowledge and consent.  Notice sent for refund was not complied and, therefore, the complaint was filed.  Opposite parties remained absent after accepting notice.  On the materials placed, proof affidavit of the complainant and Exts.P1 to P4, the District Forum concluded that the complainant is entitled to Rs.47,330.27 with interest at 9% till realisation.  Complainant is entitled to interest on Rs.80,000/- from the date of payment and also has compensation for deficiency of service over and above the sum awarded, is his case to file this appeal.

3.      We heard the counsel for the complainant over the admissibility of the appeal.  Evidently, the complainant was given a sum of Rs.75669.73 by the first opposite party in respect of the policy taken for Rs.80,000/-.  Sum of Rs.2330.27 awarded as interest on such sum, which forms part of the sum of Rs.47330.27 awarded by the Forum, is inadequate, according to the counsel.  Similarly for deficiency of service also the opposite party was bound to pay compensation, but for that no sum was awarded by the Forum, is his further grievance.

4.      No worth mentioning material was placed by the complainant before the District Forum to substantiate his claim.  Mainly acting upon the proof affidavit of the complainant the District Forum has allowed his claim partially, which appears to be just and reasonable.  Even the policy certificates were not produced to examine what are the terms and conditions thereof, and also the entitlement of the claims made by the complainant. Such being the case further prosecution of the claim by the complaint, which remains unsupported by convincing evidence, is devoid of any merit.

  Appeal is dismissed as not admitted.

 

JUSTICE S.S. SATHEESACHANDRAN: PRESIDENT

 

 

V.V.JOSE  : MEMBER

 

VL.