DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION : JAJPUR : ODISHA .
Consumer Complaint No. 128 / 2021.
Date of filing Complaint :- 16.10.2021.
Date of Argument :- 20.01.2023
Date of Order :- 10.02.2023.
Dated the 10th day of February 2023.
Subrat Kumar Mohanty, S/o:- Gokulananda Mohanty,
At/Po:- Debidwar, Via:- Jajpur Town, Dist:- Jajpur,
(Odisha) Pin – 755 007. . . . . Complainant.
Versus.
- Manager, S.B.I. Life Insurance Co. Ltd.
Devkunj, Above ICICI Bank, Jajpur Road,
Dist:- Jajpur, (Odisha) Pin-755019.
- Regional Director, S.B.I. Life Insurance Co. Ltd.,
Infocity, Patia, Bhubaneswar-751024 (Odisha).
- Director, S.B.I. Life Insurance Co. Ltd.,
Natraj, M.V. Road & Western Express Highway
Junction, Andheri (E), Mumbai - 400069.
P R E S E N T S.
1. Smt. Susmita Mishra, President,
2. Sri Bibekananda Das, Member (I/c).
Counsels appeared for the parties.
For the Complainant :- S e l f.
For the Opp. Parties :- Sri Rakesh Kumar Mishra, Advocate.
J U D G M E N T.
MR. BIBEKANANDA DAS, MEMBER (I/c) :-
The C.C. No. 128/2021 is taken up today for order. Heard the Complainant and learned Counsel for the O.Ps and perused the materials/ documents available on record and so also the notes of arguments filed by both the parties. The complaint petition has been filed U/s 35 of the C.P. Act, 2019 against the O.Ps alleging deficiency in service and unfair trade practice committed by them.
The brief fact of this case is that the O.Ps without following the proper procedure of law have illegally and arbitrarily closed the insurance policy of the complainant. The complainant availed one S.B.I. Life Flexi Smart Policy with effect from dt.14.01.2012 to dt.14.01.2022. As per advice of the agent and terms & conditions of the policy the complainant requested to pay Rs. 25,000/- yearly for 7 years and after expiry of 7 years the rest years shall be treated as premium holiday upto 14.01.2022 and the mature amount will be Rs.3,63,585/- and accordingly the complainant has deposited Rs.1,75,000/- for 7 years @ Rs. 25,000/- per year and entitled to premium holiday upto 14.01.2022. But unfortunately the Jajpur Road Branch of S.B.I. Life Insurance (O.P. No.1) calculated the 3 years premium holiday as 1 ½ years & forcibly transferred Rs. 2,32,341/- to SB Account of the complainant which is arbitrary, illegal, inaction of the O.Ps & not sustainable in the eye of law. The complainant being harassed by the O.Ps & without having any alternative efficacious remedy, the complainant filed the present C.C. Case before this Commission for redressal of his grievance.
It is admitted fact that the complainant had applied for SBI Life Flexi Policy & accordingly Policy No. 560070910 with the date of commencement as 14.01.2012 was issued to the complainant. The policy was issued with semi-annual mode & the premiums were payable on January & July every year during the term of policy. The O.Ps have received 7 annual premium & the petitioner opted for a premium holiday for 3 years. Further it is admitted by the O.Ps in their written version in Para-8 that due to some technical error they have committed mistake for which wrongly updated 3 installments (1 ½ years) instead of 3 years & an amount of Rs.2,32,341.43 was wrongly credited to the SB Account of the complainant. This clearly indicates that due to wrong calculation & deficiency in service of the O.Ps, a common man like this complainant has suffered a lot not only mentally but also financially & after making several efforts, the O.Ps did not redress his grievances for which the complainant compelled to file the present C.C. Case before this Commission, for due redressal of his grievances.
Further it is submitted that the O.Ps at the initial stage have taken the plea that this Commission has no territorial jurisdiction to decide the dispute as the O.P.No.2 & 3 are residing & carrying on business at Bhubaneswar & Mumbai. Such contention of the O.Ps are not legally acceptable & denied by this Commission in view of Sec.34 (d) of C.P. Act, 2019. Therefore this Commission has all sorts of jurisdiction to adjudicate because the O.Ps without following the rules & regulations accepting public deposit rampantly with false written assurance by advertising of high returns on maturity.
Therefore, taking into all the facts & circumstances involved in this case it is our considered view that the claim of the complainant regarding 3 years premium holiday also supported by Flexi Smart Insurance advertisement. The arbitrary illegal inaction of the O.Ps clearly go to establish that the O.Ps have committed gross negligence which amounts to deficiency in service as well as unfair trade practice for which the O.Ps are liable to pay compensation for mental agony & harassment undergone in view of the observation of Hon’ble Supreme Court vide 1994 (I) CLT-1 (S.C.) in Lucknow Dev. Authority Vrs. M.K. Gupta along with rest balance of the maturity amount with litigation cost which is just & proper for the interest of justice.
O R D E R.
In the net result, the consumer complaint is allowed against the O.Ps and the O.Ps are directed to pay the balance maturity amount of the policy i.e. Rs.1,31,243/- (Rupees one lakh thirty one thousand two hundred and forty three) along with compensation of Rs.20,000/- (Rupees twenty thousand) for mental agony & harassment undergone by the complainant since last two years and Rs. 5,000/- (Rupees five thousand) for cost of this litigation to the complainant within a period of one month from the date of receipt of the order, failing which the balance maturity amount of Rs.1,31,243/- shall carry an interest @ 12% per annum w.e.f. 04.08.2021 till its realization and so also the complainant is at liberty to file execution proceeding before this Commission as per Consumer Protection Act, 2019.
Issue extract of the order to the parties for compliance.
Order pronounced in the Open Commission on this the 10th day of February 2023.
