BEFORE THE DAKSHINA KANNADA DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MANGALORE

Dated this the 21^st of October 2010

PRESENT

                                                 SMT. ASHA SHETTY           :   PRESIDENT

                                                                     SRI. ARUN KUMAR K.        :   MEMBER

COMPLAINT NO.137/2010

(Admitted on 24.4.2010)

K.Sathish Prabhu,

So. Late Prabhu,

Co.Appanna Prabhu and Sons,

Advocate, Bolwar,

Puttur Tq, D.K.                                            …….. COMPLAINANT

(Advocate for Complainant: Sri D.Sanjay)

          VERSUS

Manager,

ICICI Prudential Life

Insurance Co. Ltd.,

CEARS Plaza,

Unit No.201 205,

2 Floor, 136 Residency Road,

Bangalore.                                               ……. OPPOSITE PARTY

(Opposite Party: Exparte)

ORDER DELIVERED BY PRESIDENT SMT. ASHA SHETTY:

1.       This complaint is filed under Section 12 of the Consumer Protection Act alleging deficiency in service against the Opposite Party claiming certain reliefs. 

The brief facts of the case are as under:

The Complainant submits that, he is a holder of Save ‘N’ Protect Policy of the Opposite Party bearing Policy No. 00160381.  It is stated that, the sum assured under the policy is of Rs.1,00,000/- and the same will mature on 20.5.2018 and the Complainant has been paying the premium of Rs.6,648/- every year since 20.5.2002.

It is stated that, the Complainant paid the premium of Rs.6,581/- as per receipt dated 19.4.2008 for the year 2008.  It is stated that, after one and half months from the payment of the above premium, the Complainant has received a letter dated 4.6.2008 from the Opposite Party stating that, the amount of Rs.68/- is due from the Complainant and called upon to pay the same as early as possible.  Thereafter, the Complainant has received another letter dated 16.8.2008 along with cheque of Rs.6,581/- with the reason stating that the policy has lapsed and the premium was returned.  It is contended that, the Complainant is no due for any premium to be paid to the Opposite Party.  Thereafter, the Complainant issued a notice dated 18.7.2009.  But the Opposite Party not replied nor honoured the demand made therein.  Hence, the above complaint filed under Section 12 of the Consumer Protection Act 1986 (herein after referred to as ‘the Act’) seeking direction from this Forum to the Opposite Party to refund Rs.39,687/- with 12% interest from 14.8.2008 till payment to the Complainant and further pay compensation and costs of the proceedings.

2.       Version notice served to the Opposite Party, Opposite Party taken paper publication in ‘HOSADIGANTHA KANNADA DAILY’. Despite of serving notice neither appeared nor contested the case till this date.  Hence, we have proceeded exparte as against the Opposite Party.  The acknowledgement placed before the FORA marked as court document No.1.

3.       In view of the above said facts, the points now that arise for our consideration in this case are as under:

1. Whether the Complainant proves that the Opposite Party has committed deficiency in service?
2. If so, whether the Complainant is entitled for the reliefs claimed?
3. What order?

4.       In support of the complaint, Sri.K.Sathish Prabhu, (CW1) filed affidavit reiterating what has been stated in the complaint.   Ex C1 to C9 were produced for the Complainant as listed in the annexure.  The Opposite Party placed exparte in this case. 

          We have heard and perused the pleadings, documents and evidence placed on record by the Complainant and answer the points are as follows:

                       Point No.(i): Negative.

                       Point No.(ii) & (iii): As per the final order.   

REASONS

5.  POINTS NO. (i) to (iii):

The Complainant in order to substantiate his case filed affidavit stating that, the Complainant is the holder of Save ‘N’ Protect Policy of the Opposite Party as per Policy No.00160381 and contended that the policy will mature on 20.5.2018 and the premium fixed by the Opposite Party is of Rs.6,648/- every year and the said policy commenced from 20.5.2002.  It is stated that, there was no due for any premium to be paid to the Opposite Party by the Complainant.  But the Opposite Party issued a letter dated 4.6.2008 stating that the premium amount of Rs.68/- is due from the Complainant and thereafter about two months later, the Complainant again received letter dated 16.8.2008 along with cheque for Rs.6,581/- stating the reason that, the policy has lapsed and hence the premium is paid returned.  It is stated that, the Complainant paid the premium much before the due date and there is no due whatsoever.  In support of the above grievances, the Complainant produced Ex.C1 to C9. 

On scrutiny of the documents, wherein, the Ex.C1 is the ICICI Pru Save ‘n’ Protect Life Insurance Policy issued by the ICICI Prudential Life Insurance Company Limited to the Complainant Mr.K.Sathish Prabhu.  But the policy number mentioned in the Ex.C1 shows as ‘00160331’ and the premium fixed by the Opposite Party is of Rs.6,581/-.  It is surprise to note that, the policy number mentioned in the Complaint i.e. 00160381 is entirely different policy.  Ex.C1 is not the policy in which the Complaint is based.  Further there is no receipts produced by the Complainant in support of his case to show that, there is no due for any premium to be paid by the Complainant since from the commencement of the policy till this date.  Ex.C2 i.e. receipt dated 22.5.2003 and Ex.C3 the receipt dated 17.6.2004 and Ex.C4 i.e. receipt dated 19.5.2005 and Ex.C5 the receipt dated 15.6.2006 produced before this Forum is not pertaining to the policy No.00160381 but the same is pertaining to policy No.00160331.  We have further noticed that, the Complainant failed to produce any material evidence to show that, the entire premium was paid towards the above said policy right from the commencement of the policy till this date, either under Policy No.00160331 or Policy No.00160381.  In the absence of the same, we are declined to hold that, the Complainant is paid entire premium of the policy bearing No.00160381 as alleged in the Complaint or under the Policy No.00160331. 

In view of the above discussions, we hold that, there is no force in the Complaint and also we do not find any deficiency on the part of the Opposite Party.  Therefore, the Complaint deserves to be dismissed.  No order as to cost.

6.       In the result, we pass the following:

ORDER

The complaint is dismissed. No order as to cost.

The copy of this order as per the statutory requirements be forwarded to the parties free of charge and therefore the file be consigned to record.

(Page No.1 to 7 dictated to the Stenographer typed by him, revised and pronounced in the open court on this the 21^st  day of October 2010.)

               PRESIDENT                          MEMBER                                               

ANNEXURE

Witnesses examined on behalf of the Complainant:

CW1 – Sri.K.Sathish Prabhu – Complainant.

Documents produced on behalf of the Complainant:

Ex C1 – 20.5.2002: Original Save ‘n’ Protect Policy.

Ex C2 – 22.5.2003: Original Renewal Premium Receipt.

Ex C3 – 17.6.2004: Original Renewal Premium Receipt.

Ex C4 – 19.5.2005: Original Acknowledgement of Insurance Premium deposit.

Ex C5 – 15.6.2006: Original Renewal Premium Receipt.

Ex C6 – 4.6.2008: Letter received by the Complainant.

Ex C7 – 16.8.2008: Letter received by the Complainant with copy of the cheque.

Ex C8 –18.7.2009: Office copy of the registered lawyers notice.

Ex C9 – 21.7.2009: Postal Acknowledgement.

Court Documents:

Doc No.1: Postal Acknowledgement.

Witnesses examined on behalf of the Opposite Party:

-NIL-

Documents produced on behalf of the Opposite Party:   

-NIL-

Dated:21.10.2010                            PRESIDENT