DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BARNALA, PUNJAB.
Complaint Case No : 667/2016
Date of Institution : 25.10.2016
Date of Decision : 14.08.2017
Nachattar Kaur wife of Amar Singh resident of Village Katu, Tehsil and District Barnala.
…Complainant
Versus
1. The Branch Manager, Met Life Insurance, Near Purana Bus Stand, Barnala, Presently Haji Rattan Chowk, Near Civil Hospital, Bathinda through its Manager.
2. General Manager, Met Life, Brigade Seshamahan, 5 Vani Vilas Road, Basvanagudi Banglore-560004.
3. Mrs. Gaurav Sharma Director-Customer Service and Operations C/o Met Life Insurance, Near Purana Bus Stand, Barnala, Presently Haji Rattan Chowk, Near Civil Hospital, Bathinda.
…Opposite Parties
Complaint Under Section 12 of Consumer Protection Act, 1986.
Present: Sh. SS Nangal counsel for the complainant.
Sh. PS Aulakh counsel for opposite parties No. 1 and 2.
Opposite party No. 3 exparte.
Quorum.-
1. Shri S.K. Goel : President
2. Ms. Vandna Sidhu : Member
3. Shri Tejinder Singh Bhangu : Member
ORDER
(SHRI S.K. GOEL PRESIDENT):
The complainant Nachattar Kaur has filed the present complaint against Branch Manager, Met Life Insurance, Bathinda and others opposite parties under Consumer Protection Act (in short the Act).
2. The facts leading to the present complaint are that Mrs. Gaurav Sharma opposite party No. 3 visited the house of complainant in the month of July 2011 and assured the complainant that in case she invest money in the FDR under policy of Met Life Insurance Company the money so invested will became double in the coming 5 years and on her assurance the complainant paid Rs. 35,000/- to the opposite party No. 3 who obtained the thumb impression of complainant on blank printed papers. The complainant is a rustic villager housewife and she cannot read or write or sign any document.
3. It is alleged that complainant received a booklet/policy No. 2055631120491198 from the opposite parties which is filled in English language. On receiving the same the complainant astonished to know that the maturity date of the said policy is 26th July 2021. The complainant paid three installments of Rs. 35,000/- each so in this way she paid Rs. 1,05,000/- to the opposite party No. 3.
4. It is alleged that the complainant never consented to purchase any insurance policy for the expiry date of 26.7.2021 and opposite parties got invested the money from the complainant in a fraudulent manner. Thereafter, the complainant got served a legal notice upon the opposite parties No. 1 and 2 on 17.8.2016 but they have not given any reply. Thus there is a deficiency in service on the part of the opposite parties. Therefore, the present complaint is filed seeking the following reliefs:-
1) The opposite parties may be directed to pay Rs. 1,05,000/- to the complainant alongwith interest.
2) To pay Rs. 50,000/- as compensation for mental agony and harassment.
3) Any other relief which this Forum deems fit.
5. Upon notice of this complaint the opposite parties No. 1 and 2 have filed written statement taking legal objections interalia on the grounds of maintainability, not a consumer, frivolous complaint and no cause of action. It is further submitted that complainant has filed the present complaint claiming refund under the policy bearing No. 20556311 and 20491198 but these policies were never issued in favour of the complainant. These policies were issued in favour of two different persons namely Kiran Devi Lohia and Baljit Kaur respectively.
6. On merits, it is submitted that the policies as mentioned in the complaint are never issued in favour of complainant and it relates to some other persons. Further, the complainant has filed the present complaint on the basis of forged documents. There is no contract of insurance between the opposite party and the complainant, so there is no unfair trade practice on the part of the opposite party. They have denied the other allegations of the complainant and prayed for the dismissal of the complaint.
7. The opposite party No. 3 has not appeared before this Forum despite service so the opposite party No. 3 was proceeded against exparte.
8. In order to prove her case the complainant tendered in evidence copy of policy Ex.C-1, copy of legal notice Ex.C-2, postal receipts Ex.C-3 and Ex.C-4, affidavit of complainant Ex.C-5 and closed the evidence.
9. To rebut the case of the complainant the opposite parties have not tendered any document.
10. We have heard the learned counsels for the parties and have gone through the record on the file.
11. The question is to determine whether there is a deficiency in service on the part of the opposite parties.
12. In order to prove her case the complainant has placed on record his detailed affidavit Ex.C-5 wherein she has specifically stated that she got the policy No. 2055631120491198 and paid three installments of Rs. 35,000/- each i.e. totaling Rs. 1,05,000/-. She further stated that it was assured by the opposite party that the money will be invested in the shape of FDR and after five years the company shall bound to pay double of the amount so deposited. She further stated that she never consented to purchase any policy with the expiry dated 26.7.2021. She also stated that her counsel served a legal notice for the refund of the amount of Rs. 1,05,000/- alongwith interest and compensation but the opposite party failed to reply the said notice.
13. Apart from her affidavit she placed on record insurance policy Ex.C-1 showing the half yearly premium payment of Rs. 35,000/- of policy No. 2055631120491198. The complainant also placed on the file receipts dated 24.1.2012 showing payment of Rs. 35,000/- and another receipt dated 26.7.2011 showing payment of Rs. 35,000/-. Apart these two receipts the complainant has not placed any other receipt or document to show that the complainant has paid the another Rs. 35,000/- i.e. third installment.
14. Perusal of the policy on the record Ex.C-2 shows that it is a Life Insurance Policy and it is not a FDR. There is also no evidence on the record to show that the opposite party has promised to double the amount in five years.
15. It is also worth mentioning here that the opposite parties No. 1 and 2 filed the written statement. However, despite availing five to six opportunities for adducing evidence they failed to lead any evidence to rebut the case of the complainant. In the written statement the opposite parties No. 1 and 2 have alleged that the policy No. 20556311 is issued in favour of Kiran Devi Lohia wife of Pawan Kumar Lohia and the policy placed on record by the complainant is a forged document. However, the opposite party have not placed on record the said named policy or has rebutted the photocopy of the said policy placed by the complainant in her favour. It is also not the case of the opposite parties stated in the written statement that the policy of the complainant is lapsed or it is terminated or the complainant is not entitled to any amount so deposited by her. In the absence of any terms and conditions qua the forfeiting of the deposited amount this Forum cannot held that the deposited amount can be forfeited.
16. As a result of the above discussion and in view of the evidence on the record this Forum is of the view that the complainant is entitled to Rs. 70,000/- which was deposited by her as per the receipts placed on record. Accordingly, the complaint is partly accepted against the opposite parties No. 1 and 2 and the opposite parties No. 1 and 2 are directed to pay Rs. 70,000/- to the complainant within the period of 30 days from the date of receipt of copy of this order. In case they failed to pay the same in the stipulated period the opposite parties No. 1 and 2 are directed to pay interest at the rate of 12% per annum from the date of filing the present complaint till realization. No order as to costs or compensation. This order shall be complied with within the period of 30 days from the date of the receipt of copy of this order. Copy of this order be supplied to the parties free of costs. The file be consigned to the records.
ANNOUNCED IN THE OPEN FORUM:
14th Day of August 2017
(S.K. Goel)
President
(Vandna Sidhu)
Member
(Tejinder Singh Bhangu)
Member
