By Smt. PREETHI SIVARAMAN.C, MEMBER
1.The complaint in short is as follows: -
As per the advertisement on June 2021 seen in Manaorama daily as “personswanted for Bank jobs”, complainant contacted opposite party No.2 in the number given in that advertisement. Opposite party No.2 on his behalf and on behalf of opposite party No.1 offered a job in Marketing field of opposite party No.1 and he assured to the complainant that , complainant will be a genuine employee of opposite party No.1. For obtaining that job he insisted the complainant to take a policy of them and on 030/06/2021 complainant purchased PNB Met life guaranteed future plan No.23855937 in his name by paying an amount of Rs.62850/- as premium. Thereafter opposite party No.1 directed the complainant to convince other persons also to join in that insurance policy of them, but nobody was willing to join in that insurance policy of opposite parties. Complainant again contented that some of the persons he approached were told to him that the above life insurance have no direct connection with the Punjab National Bank and complainant is only a commission agent not direct staff of opposite parties. Thereafter complainant told to opposite party No.2 about this but the bond of the above insurance policy already came in complainant’s name. Then complainant asked the opposite party No.2 to cancel the policy already taken in his name within 15 days, but opposite party No.2 did not receive the calls of complainant. Thereafter one Mr. Abhilash, the manager of opposite party No.2 told to complainant that he will change the policy into another plan. As per the new plan if complainant paid one more premium on June 2022, he can get Rs. 2,10,000/- after five years. As per the assurance given by manager of opposite party No.2, complainant paid another premium on 2022. But manager of opposite party No.2 was denied the above statements of complainant. He intimidates the complainant that the insurance policy taken by complainant is for 13 years and if complainant want to surrender the policy after three years, he can get an amount of Rs. 36,000/- after reducing 30% from the total amount. Complainant already paid Rs. 1,24,200/-. Opposite parties was cheating the complainant. Hence this complaint.
2. The prayer of the complainant is that, he is entitled to get the refund of Rs. 1,24,200/- the amount he had already paid as premium to opposite party , Rs.1,00,000/-as compensation on account of deficiency in service and unfair trade practice on the part of opposite parties and thereby caused mental agony, physical hardships and sufferings to the complainant and cost of the proceedings.
4. On admission of the complaint notice was issued to the opposite parties and notice served on them and they appeared before the Commission and case posted for version of opposite parties. But opposite parties did not file version within the statutory period of 45 days and case posted for the affidavit of complainant. Complainant filed the affidavit on 17/11/2022 and two documents marked on their side and case posted for orders on 13/01/2023. Thereafter on 13/01/2023 opposite parties filed IA 28/2023 to accept version. But that IA dismissed by the Commission because opposite parties filed version beyond the statutory period of 45 days. Hence opposite parties set exparte.
5. In order to substantiate the case of the complainant, he filed an affidavit in lieu of Chief examination and the documents he produced were marked as Ext. A1 & A2. Ext.A1 is the colour Photostat copy of payment details made by complainant on 28/06/2022, Ext.A2 is the copy of Policy details of complainant dated 06/07/2021.
6. Heard the complainant and perused the affidavit and documents filed by complainant. The allegations against opposite parties are proved by the unchallenged evidence of complainant. There is no contra evidence in this matter. Moreover complainant produced two documents which are very supportive to prove his case. As per Ext. A1, the payment details shows that complainant had paid Rs. 61,350/- to opposite party No.1 on 28/06/2022. From Ext. A2 document it is clear that complainant had joined the above PNB Met Life Guaranteed Future Plan as per policy No. 23855937. But opposite party No.2 did not act upon the promise made by him to complainant. Hence complainant want to surrender the policy but opposite parties did not allow him to surrender the policy. Hence the Commission finds that there is an unfair trade practice on the part of the opposite parties as alleged in the complaint. Hence we allow this complaint.
7. We allow this complaint as follows:-
- The opposite parties are directed to refund Rs.61,350/-(Rupees Sixty one thousand three hundred and fifty only) to complainant, the amount he had already paid to opposite parties.
- The opposite parties are directed to pay compensation of Rs. 10,000/-(Rupees Ten thousand only) to the complainant on account of the unfair trade practice committed by them to complainant and thereby caused mental agony, physical hardships and sufferings to the complainant.
- The opposite parties also directed to pay Rs.2000/-(Rupees Two thousand only) as cost of the proceedings.
If the above said amount is not paid to the complainant within 30 days from the date of receipt of copy of this order, the opposite parties are liable to pay the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.
Dated this 31st day of January, 2023.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1 & A2
Ext.A1 : Colour Photostat copy of payment details made by complainant on
28/06/2022.
Ext.A2 : Copy of Policy details of complainant dated 06/07/2021.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
