By Sri.P.K,.Sasi, President
The case of the complainant is that he has taken an insurance policy from opposite party and that was matured on 16/2/13. He has remitted Rs.1,00,000/- towards the policy. As per the promise given by the opposite party at the time of taking the policy, the complainant has to get Rs.3,00,000/- on maturity. Whereas the opposite party has allowed only Rs.1,42,638.74. That amount was not accepted by the complainant.
2. The maturity amount decided by the opposite party is not correct and proper. The denial of the actual amount by the opposite party is illegal and amounts to deficiency in service towards the complainant.
3. On 19/6/15 a lawyer notice was issued. Even after accepting the notice, no relief received. Hence this complaint is filed for getting relief.
4. On receiving complaint, notice was issued to the opposite party and even after accepting notice, the opposite party neither appeared before the Forum nor submitted any version. Hence the opposite party set exparte and the case was posted for complainant’s evidence.
5. From the side of complainant, he has appeared before the Forum and filed proof affidavit in which he has affirmed and explained all the averments stated in the complaint in detail. He has also produced five documents which are marked as Exts.P1 to P5. Ext.P1 is copy of lawyer notice with postal receipt dated 19/6/15, Ext.P2 is letter received from the opposite party dated 28/9/13, Ext.P3 is letter received from the opposite party dated 9/5/13, Ext.P4 is postal receipt and Ext.P5 is another letter received from the opposite party dated 17/2/03. Since there is no contra evidence before us, we are inclined to accept the proof affidavit filed by the complainant and heard the complainant’s counsel in detail.
6.We have gone through the documents produced as well as the contents of the affidavit. According to the complainant he has paid Rs.1,00,000/- towards the policy and as per the promise given by the opposite party, he is entitled to get Rs.3,00,000/- as maturity amount. There are no documents produced before us for supporting complainant’s case. The policy or the receipts of amount paid has not produced by the complainant. There are no documents available before us to consider the nature and type of the policy. Only the available document is Ext.P2, a letter issued by the opposite party by intimating the complainant regarding the maturity of the policy and asking him to accept the benefit. Ext.P2 would go to show that the policy taken by the complainant is a unit linked policy. And the maturity value of the policy as on 16/2/13 is Rs.1,42,638.74. According to the complainant he has not accepted that amount. Here the opposite party has not appeared before the Forum or submitted nothing regarding whether they have sent that amount to the complainant or reinvested the amount etc.
7.Considering all these points we are of the opinion that the complainant is entitled to get Rs.1,42,638.74 as on 16/2/13. He is also entitled to get a reasonable amount of interest from that date till realization since, the opposite party has not sent that amount to the complainant. If at all anything was done by the opposite party, they ought to have been appeared before the Forum and submitted their version. Here the opposite party even after properly accepting the notice, did not gave any importance for the notice. Therefore, we find that the opposite party has committed deficiency in service towards the complainant.
8. In the result we allow this complaint and the opposite party is directed to pay Rs.1,42,638.74 (Rupees One lakh forty two thousand six hundred thirty eight and paise seventy four only) with 9% interest from 16/2/13 along with Rs.5,000/- (Rupees Five thousand only) as cost of this complaint, to the complainant within one month from receiving copy of this order. Failing which, the complainant is entitled to get 9% interest till realization.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 30th day of June 2016.
