Ld. Advocate(s)

For Complainant:  Satyabrota Ghosh

For OP/OPs : None

Date of filing of the case    :22.05.2017

Date of Disposal  of the case :  21.07.2023

Final Order / Judgment dtd.  21.07.2023

Complainant above name filed the present complaint u/s 12 Consumer Protection Act 1996 against the aforesaid OPs  praying for direction to pay Rs. 58,382.16 along with interest @ 12% per annum, bonus  compensation amounting to Rs. 30,000/- and other relief. She alleged that she had purchased one Insurance Policy from the Ops. Half Yearly Premium of the said Insurance Policy was Rs.  3,567/- which would get matured in 11 years  from the date of issue of Insurance Policy.  Sum assured of the  said policy was Rs. 58,302/-.

         Complainant deposited premium around to Rs. 75.000/-. At the time of purchase of the said policy, agent of the company assured that total deposited money  would be double at the time of maturity. OP no. 1 sent a letter dtd. 23.09.2015  to  the  complainant  and informed that aforesaid policy became due for maturity. OP no. 1 asked the complainant to submit the documents. Complainant also sent all documents including policy to OP no. 1 but complainant only received Rs. 25,882.16/- whereas sum assured was Rs,58,382 moreover OP did not give  any bonus to the complainant in respect of the  said policy.

 Complainant on several time requested the Ops to disburse the money in favour  of the complainant but Ops did not pay the  same on  24.05.2016. Complainant gave letter to the Ops but they did not give any reply hence the complainant filed this case.

  OP filed W/V and denied the entire allegations. They further contended that there is not deficiency in service on their part they prayed for dismissal of the case.

TRIAL

During trial complainant filed affidavit-in-chief. OP no. 1 filed interrogatories and complainant gave answer.

DOCUMENTS

         Complainant produced following documents:

1. 16 money receipt for amounting to Rs. 3,622/-, Rs11,402/-, Rs. 7,209, Rs.3,604/-, Rs.3,604, Rs.3,459/-, Rs.3,460/-, Rs.3,567/-, Rs.3567/-, Rs.3,567/-, Rs.3,567/-, Rs.3,567/-, Rs.3,567/-, Rs.3567/-, Rs.3567/-, Rs.3567/-,

 BNA

         Complainant filed BNA.

DECISION WITH REASONS

 In the present case OP no. 1 did not take any steps after 20.04.2023. He was absent on the date of hearing of argument i.e on 07.07.2023. Only complainant argued his case. We have carefully gone through the affidavit-in-chief of the complainant. We find that the complainant corroborated his allegations which she stated in the petition. Complainant at the time of filing of this case filed copy of this policy. We find that said policy was opened on 31.12.2005.

  On perusal of the letter dtd. 05.06.2015 we find that maturity amount has mentioned Rs.31,043.19/-. On perusal of letter dtd 06.01.2016 we find that claim amount has mentioned as  Rs. 25,882.16/-.

 On perusal of the aforesaid money receipt we find that complainant already deposited sum of Rs.72,031/- before the OP no. 1 and 2.

 During the period from 07.12.2004 to 21.12.2012 complainant deposited the amount mentioned below in a table.

     From the aforesaid discussions we find that the complainant already deposited   Rs.72,031/- in the said policy. He is entitled to bonus and maturity value of the said policy which should be greater than deposited value. But curious enough that in the present case OP no. 1 and 2 gave Rs. 25,882.16 which is not proper in the eye of law.

 In this situation we think that OP no. 1 and 2 should be asked to refund   the aforesaid amount along with 9 % interest from the date  of deposit  by the  complainant  after deducting an  amount  of  Rs. 25,882.16/-  which already been paid to the complainant.

 On perusal of record we find the complainant is a consumer and OP no. 1 and 2 are the service provider.

 Having regard to the aforesaid discussion it is clear before us that complainant has able to able to established his grievance before this Commission by sufficient documents   and reasonable doubt.

 Accordingly, complainant is entitled to relief as per her  prayer.

In the result present case succeeds.

Hence,

It is

                                                Ordered

that the present case be and the same is allowed   on contest  against OP no. 1 and dismissed ex-parte against the  OP no. 2  with cost of Rs. 5,000/- to be paid by OP no. 1  in favour of the complainant.

 OP no. 1 is directed to   refund the deposited amount which has mentioned in this judgment in a table along with 9 % interest from the date of deposit to till  the date of actual payment and he shall pay the said amount in favour  of the complainant after deducting Rs.25,882.16/- which he already  paid in favour of the complainant.

 OP no. 1 is further directed to pay Rs. 20,000/- as compensation in favour of the complainant for his mental pain, harassment and agony.

 OP no. 1 is directed to comply this aforesaid order within the 45 days    from this date failing which   complainant shall have liberty to put this order into execution.

Let a copy of this order be supplied to both the parties as free of cost.

Dictated & corrected by me

              ............................................

                      PRESIDENT

 (Shri   DAMAN PROSAD BISWAS,)                       .................................................

                                                                                                                  PRESIDENT

                                                                                         (Shri   DAMAN PROSAD BISWAS,)       

            I concur,

             ........................................                                                

                       MEMBER                                                                                                                               

 (NIROD  BARAN   ROY  CHOWDHURY)