Haryana

StateCommission

A/627/2018

BHARTI AXA LIFE INSURANCE CO. LTD. - Complainant(s)

Versus

MANJU - Opp.Party(s)

KARANDEEP SINGH CHEEMA

03 Jul 2019

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA

 

  First Appeal No.597   of 2018

 Date of Institution:09.05.2018

  Date  of  Decision:03.07.2019

 

India Infoline Insurance Broker Limited at IIFL house Sun Infotech Park, Road No.16 V, Plot No. B-23, thane Industrial Area Wagle Estate, Thane 400604, through its representative Pradeep Mandal, Assistant Manager.

…..Appellant

 

Versus

 

1.      Manju widow of late Sh.Dharampal, age 43 years, R/o # 2189, Sector-14-P, Hisar, District Hisar.

….. Respondent

2.      Bharti Axa Life Insurance  Ltd,  (IRDA regd. No.130) Regd. Address 6^th Floor,  Unit 601 and 602, Raheja Titanium of western Express high Way Goregaon (East), Mumbai-400063 through its Managing Director.

…..Performa respondent No.1.

3.      Bharti Axa Life Insurance Ltd., SCO 208-209, 2^nd Floor, Sector 34-A, Chandigarh 160022 through its Branch Head.

…..Performa Respondent No.2

 

4.      Vinod Kumar agent/consultant of Bharti Axa Life Insurance Company Limited Company having agent code 26518203126079 (complete address awaited from Bharti Axa Life) Hisar.

…..Performa Respondent No.3.

 

F.A. No.627 of 2018

Date of institution:-15.05.2018

Date of Decision:-03.07.2019

 

1.      Bharti Axa Life Insurance  Ltd,   regd. address: Unit No. 1904, 19^th Floor, Parinee Crescenzo, ‘G’ Block, Bandra Kurla Complex, BKC Road, Opposite MCA Ground, Bandra (East), Mumbai 4000-51, Maharashtra through its Managing Director, through its Managing Director.

2.      Bharti Axa Life Insurance Ltd., SCO 208-209, 2^nd Floor, Sector 34-A, Chandigarh 160022 through its Branch Head.

…..Appellants

Versus

 

1.      Manju widow of late Sh.Dharampal s/o Sh. Sh.Ram Pratap R/o H.No. 1286, Arya Nagar, Hisar now residing at House No.2189, Sector-14-P, Hisar, District Hisar, Haryana.

2.      Indiainfoline Teleplus broker/consultant, having broker code 26518204155844, office at IIFL house, Sun Infotech Park, Road No.16V, plot No.B-23, thane Industrial Area, Wagle Estate, Thane-400604.

 

CORAM:    Mr.Ram Singh Chaudhary, Judicial  Member

                   Mrs.Manjula, Member

                   

Present:-    Mr.Ambanshu Sahni Advocate for the appellant in appeal No.597 of 2018 and respondent No.2 in  appeal No.627 of 2018.

                   Mr. Kunal Garg, Advocate for the respondent No.1 in both the appeals.

                   Mr. Hitender Kansal, Advocate for the respondent No. 2 to 4 in appeal No.597 of 2018 and respondent No.2 in appeal No.627 of 2018.

 

                                                 ORDER

RAM SINGH CHAUDHARY, JUDICIAL MEMBER:

           Vide this common order above mentioned two appeals bearing No.597 of 2018 and 627 of 2018 will be disposed of as both have been preferred against the order dated 23.01.2018 passed by the District Consumer Disputes Redressal Forum, Hisar (in short ‘District Forum’).

2.      Delay in filing both the appeals are condoned for the reasons mentioned in the application filed for condonation of delay.

3.      Briefly stated, the facts narrated in the complaint are that on 31.12.2015, an agent/O.P.No.4 met with the complainant and assured that if, she would deposit the amount  with the O.P.No.1 through O.P.No.3 and 4,  the O.P.Nos.1 and 2 will give benefit to her within the year.  She deposited the amount of Rs.1,50,000/- in the name of O.P.No.1 and 2 and after a year, she met with the officials of the company to collect the deposited amount alongwith interest.  She went to Hisar branch of the company, but, the branch has closed its office from Hisar.  She is widow and she is surviving on her husband pension and mother of two children.  She took home loan from SBI worth Rs.36/- lacs.  The O.P.No.3 and 4 fraudulently obtained her initials/accent as well as consent on false pretext that these policies will ease your SBI home loan liability as well as applicant/consumer will get handsome return from these investments.  She requested the O.Ps. to refund the amount alongwith interest, but, to no avail.  Thus there was deficiency in service on the part of the O.Ps.

4.      O.P. Nos.1 to 3 were proceeded against ex parte.  The O.P. No.4 also given up vide order dated 02.01.2018.

5.      After hearing both the parties, District Consumer Disputes Redressal Forum, Hisar (In short “District Forum”) allowed the complaint vide impugned order dated 23.01.2018 and  directed the O.P.Nos.1 to 3 to release the amount of Rs1,50,000/- alongwith interest @ 9% p.a. from the date of filing of this complaint i.e. 07.07.2017 till realization.  Complainant is also hereby awarded compensation of Rs.5,000/- for her harassment and Rs.2,000/- as litigation expenses etc.

6.      Feeling aggrieved therefrom, O.P.No.3 as well as O.P.Nos.1 and 2 have preferred these appeals.

7.      This argument has been advanced by Mr.Ambanshu Sahni Advocate for the appellant in appeal No.597 of 2018 and respondent No.2 in  appeal No.627 of 2018 as well as Mr. Kunal Garg, Advocate for the respondent No.1 in both the appeals and Mr. Hitender Kansal, Advocate for the respondent No. 2 to 4 in appeal No.597 of 2018 and respondent No.2 in appeal No.627 of 2018.  With their kind assistance the entire records as well as the original record of the District Forum including whatever the evidence has been led on behalf of  the complainant had also been properly perused and examined.

8.      In appeal, the appellants-opposite parties  in both the appeals took the plea that  unfortunately, his presence was marked in one of the case, but, not in the present case before the learned District forum.  Even, the written statement was also filed by the appellant in the other matters before the learned District Forum on the same day when the ex parte proceedings were initiated against the present appellant. The appellant was completely unaware about the proceedings in the instant case.  The appellant did not get opportunity to contest the complaint.  The impugned order may be set aside. Learned counsel for the appellants has prayed that the case be remitted to the District Forum enabling the opposite parties to contest the complaint by producing written statement as well as evidence.

9.      In view of the above,  it is golden principle of law that proper opportunity should be afforded to the concerned party before deciding the case on merits. The complainant is not going to suffer any irreparable loss if the appellant-O.P. is afforded an opportunity to defend itself before the learned District Forum, so in these circumstances, impugned order dated  23.01.2018 is hereby set aside subject to the payment of Rs.10,000/- as costs against the insurer-appellant in appeal No. 627 of 2018 and cost of Rs.15,000/- against the broker-appellant in appeal No.597 of 2018.  Both the appeal are allowed.  Let the appellants be afforded an opportunity to file reply and lead evidence etc. thereafter the complaint be decided on merits. The matter is remitted back to the District Forum, Hisar to decide the complaint on merits after affording an opportunity to parties to contest the complaint. 

10.    The parties are directed to appear before the learned District Forum, Hisar on  19.08.2019 for further proceedings.

11.      Copy of this order be sent to the District Forum forthwith.

12.    The statutory amount of Rs.25,000/- deposited at the time of filing of both the appeals  bearing No.597 of 2018 and appeal No.627 of 2018 be refunded to the appellants against proper receipt and due verification.

13.    The original judgement be attached with appeal No.597 of 2018 and certified copies be attached with appeal No.627 of 2018.

 

 

July 03rd, 2019        Mrs.Manjula                         Ram Singh Chaudhary                                                    Member                                 Judicial Member                                                                 Addl.Bench                          Addl.Bench             

S.K.