1. This complaint was filed by Abdul Karim Mondol on 23.12.2013 against 1 Med Life India Insurance Company Ltd and 2 Axis Bank Ltd with the averment that he had a savings bank account with Axis Bank, branch at Baguiati, VIP Road and at the instance of OP 2 the complainant took the policy being no. 20253328 of the first OP on 09.02.2010. The premium, which was fixed at Rs. 50,000/- for the said policy was payable for a period of 20 years. It is the case of the complainant that after making payment of 3 premiums the complainant felt difficulty and surrendered the policy on 04.01.2013 and the surrender value inclusive of the surrender charges were refunded by OP 1 through OP 2 on 08.03.2013. It is the next case of the complainant that in spite of application for surrender having sent on 04.01.2013 the OP 1 unlawfully deducted fourth premium amounting to Rs. 50,000/- from complainant’s account OP 2 on 11.02.2013. This is why he has filed this case seeking refund of Rs. 50,000/- with compensation, interest and cost.
2. The OPs contested the case by filing written version. Both the parties to this case has filed separately affidavit-in-chief before the Consumer Commission of Barasat and after giving opportunity of being heard to all the parties to this case and giving consideration to the materials available on record the Ld. Commission of Barasat disposed of the case on 16.03.2014 with direction to OP 1 for refunding of Rs. 50,000/- to the complainant with interest @ 6% p.a. and compensation of Rs. 5,00,000/- and litigation cost of Rs. 2,000/-. The said judgment was challenged by the OPs before the Hon’ble SCDRC and after hearing the parties to this case and giving consideration to the material placed before them, the Hon’ble SCDRC set aside the judgment impugned with direction to the parties for furnishing proof in respect of their claims by passing a judgment dated 24.08.2017.
3. In view of the order of the Hon’ble SCDRC recorded on 24.08.2017 the Ld. Advocate of the complainant, the Ld. Advocate of the OP 1 and the Ld. Advocate of the OP 2 were given the scope of advancing argument and furnishing documents in respect of claim.
4. It needs to be mentioned here that the OP 2 played a role of an agent of the complainant in so far as the insurance policy being no. 20253328 is concerned. By sending a letter to the manager of Med Life Insurance Company Ltd, the concerned Branch Manager of Axis Bank supported the claim of the complainant as to making payment of Rs. 2,00,000/- in four equal installments up to 11.02.2013 as against the complainant’s policy being no. 20253328. Another letter was issued by the Bank Manager to the complainant on 15.03.2013 informing him about the payment of Rs. 50,000/- being made from complainant’s account to the insurer (OP 1 ) on 11.02.2013. Statement of complainant’s bank account being no. 026010100249003 for the period from 01.04.2009 to 14.03.2013 which was issued by OP 2 has found place in the record like the aforesaid two letters issued by the branch manager of the Axis Bank. All these 3 documents are sufficient to prove that last deduction of the premium amount of Rs.50,000/- was made by the OP 1 from the complainant’s bank account lying with OP 2 on 11.02.2013.
5. The copy of letter submitted at the office of the OP 1 on 08.04.2013 which bears the seal and signature of OP 2 has been filed and it is abundantly clear from the said letter that the policy being no. 20253328 was surrendered by the complainant on 04.01.2013. The Ld. Advocate appearing for OP 1 and the Ld. Advocate of OP 2 have abstained from challenging any of the abovementioned documents on any ground whatsoever. Those documents, appear to be quite consistent with each other in regard to the policy being no. 20253328 total payment of premiums made from the bank account of the complainant, the date of surrender and the date of last payment of premium. It is also clear from the unchallenged statement of the bank account that on 12.01.2013 Med Life credited a sum of Rs. 1,56,170/- to the account of the complainant lying with OP 2. Thus it is found that in view of the complainant’s letter submitted by the complainant on 04.01.2013 intending to surrender policy being no. 20253328, the insurer (OP 1) credited the aforesaid amount of Rs. 1,56,170/- on account of surrender value, service charge and cess on 12.01.2013. The Ld. Advocate appearing for OP 1 or the Ld. Advocate of OP 2 has not agitated these facts and figures on any ground whatsoever. We have, therefore reason to say that the OP 1 which cleared up the surrender value after necessary deduction for policy being no. 20253328 on 02.01.2013 was unjustified in causing deduction of amount of Rs. 50,000/- on 11.02.2013. They cannot have anything to say regarding this unjustified deduction of Rs. 50,000/- being made from the complainant’s account on 11.02.2013. The OP 1 who has fully approved unconditionally the prayer of the complainant for surrender of policy on 12.01.2013 is under obligation to pay back Rs. 50,000/- which was deducted from the complainant’s account on 11.02.2013. The complainant who was made to suffer mentally and physically since after 11.02.2013 is also entitled to a compensation and the amount of compensation may be fixed at Rs. 50,000/- regard being had to the volume and length of his suffering. Since he is fighting this case for nearly 10 years the complainant is also entitled to a sum of Rs. 25,000/- as litigation cost.
6. Hence, it is ordered, that :-

the case be and the same is allowed on the contest with cost. The OP 1 is directed to refund of Rs. 50,000/- with interest @10% p.a. with effect from 11.02.2013 until payment within a period of 45 days hence, failing which the amount will accrue interest @ 14% p.a. The OPs will also pay compensation of Rs. 50,000/- and litigation cost of Rs. 25,000/- within 45 days hence, failing which the amount will carry interest @ 14% p.a.

Let a plain copy be given to the parties free of cost as per CPR.

Dictated and corrected by

[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT