Haryana

Kurukshetra

73/2018

Oumesh - Complainant(s)

Versus

Manoj - Opp.Party(s)

In Person

27 Mar 2019

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KURUKSHETRA.

                                        Complaint Case No.73 of 2018.

                                        Date of institution: 04.04.2018.

                                        Date of decision: 27.03.2019

 

 

Oumesh Verma son of Sh.A.P.Verma resident of H.No.1046/5, Vashist Colony, Mohan Nagar, District Kurukshetra-136118.

 

                                                                …Complainant.

                        Versus

1.     Manoj Gupta(8826047539, Health Insurance Expert, Star Health and Allied Insurance Company Limited, C-8, 3^rd Floor, New Krishna Park, Janakpuri West, Metro Station, New Delhi-110018.

2.     Star Health and Allied Insurance Company Limited, C-8, 3^rd floor, Krishna park, Janakpuri West, Metro Station, New Delhi- 110018.

 

...Opposite parties.

Before       Smt. Neelam Kashyap, President.

                Ms. Neelam, Member.

                Sh. Sunil Mohan Tirkha, Member.

 

Present:     Complainant in person.

                Opposite party No.1 ex-parte.

Sh. Gaurav Gupta, Advocate for opposite party No.2.

               

(ORDER)

                This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by complainant Oumesh against Manoj Gupta and Star Health and Allied Insurance Company Ltd., the opposite parties.

2.             Brief facts of the present complaint are that complainant received call from op no.1 agent of op no.2 near about 29 January to 30 January, 2018 at about 1.P.M. to 3 P.M. regarding selling their Health Insurance Policy. He accepted to buy this policy for himself and his family members (wife and two daughters).  He asked Manoj Gupta how to buy this through credit card for premium of Rs.11889/- per year. It is further alleged that complainant requested Manoj Gupta (health Insurance Expert), that he can not pay whole premium of Rs.11,889/- in one time.   He requested him, if he can make EMI for premium amount of Rs.11,889/- he can pay monthly base.  Manoj Gupta assured him that he can make EMI for premium amount of Rs.11,889/- but now he denied to make EMI for premium of Rs.11,889/- and now he has not picked his call and not replied his mails. It is further alleged that now their credit card bill due date is 20^th March, 2018 but he cannot pay whole premium amount of Rs.11,889/- credit card bill. Hence, this complaint.

3.             Opposite party no.1 failed to appear despite notice and was proceeded against exparte.    

4.             Upon notice, opposite party no.2 appeared and filed written statement taking certain preliminary objections. It is submitted that in this case, the insured availed family health optima insurance plan vide policy No.P/161118/01/2018/017058 for the period 1.2.2018 to 31.1.2019 covering himself, wife and two daughters for the insured amount of Rs.3,00,000/- and paid the premium of Rs.11,889/-. It is further submitted that the customer credit card was of Bank of Baroda on which EMI facility was not available and same was shared with customer. On receipt of request of cancellation of the policy, the policy was cancelled and the premium of Rs.11,889/- was refunded to the insured on 10.4.2018 vide refund Ref. No.661557931. Thus, the premium was already refunded to the insured and there is no further liability on them and prayer for dismissal of complaint made.

5.             The complainant produced his affidavit Ex.CW1/A and documents Ex.C1 to Ex.C10. On the other hand, op no.2 produced affidavit Ex.RW1/A and documents Ex.R1 to Ex.R6.

6.             We have heard complainant and learned counsel for op no.2 and have perused the case file carefully.

7.             The grievance of the complainant is that he was assured by op no.1 i.e. agent of the op no.2 that he will make arrangement of EMI of the premium of Rs.11,889/- for the above said health insurance policy but then failed to do so. Whereas the op no.2 has pleaded that on receipt of request of cancellation of the policy, the policy was cancelled and the premium of Rs.11,889/- was refunded to the insured on 10.4.2018. Admittedly the insurance policy was purchased on 31.1.2018 which was effective from 1.2.2018 to 31.1.2019 and on the request of complainant, the premium amount of Rs.11,889/- has been refunded on 10.4.2018. The complainant is entitled to interest amount on the amount of Rs.11,889/- from the ops for the period 31.1.2018 to 10.4.2018 and there is unfair trade practice of agent of op no.2, so complainant is entitled for compensation also.

8.             In view of the above, we allow the present complaint and direct the opposite parties to pay interest @7% per annum on the amount of Rs.11,889/- jointly and severally for the period from 31.1.2018 to 10.4.2018 to the complainant. We further direct the ops to pay a sum of Rs.5000/- as compensation to the complainant for harassment. Both the ops are liable to comply with this order within a period of two months from the date of receipt of copy of this order, failing which the complainant will be entitled to interest @9% per annum from the date of order till actual realization.  A copy of this order be supplied to the parties as per rules. File be consigned to the record room after due compliance.

Announced in open Forum:

Dt.:27.03.2019.                                           (Neelam Kashyap)

                                                                     President.

 

 

(Sunil Mohan Trikha),           (Neelam)       

Member                             Member.