This is a complaint made by Mr. Amitava Chowdhury, 27B, Suren Sarkar Rod, Phoolbagn, Kolkata-700 054 against (1) Metlife India Insurance Co. Ltd., having its Regd. Office at Brigate Seshamahal, 5, Vani Vilas Road, Basavanagudi, Bangalore-560 004, OP No.1 and (2) Metlife India Insurance Co. Ltd., Singhi Regency, 48/1A, Gariahat Road, Gr.Fl., & 1st Floor, Gariahat, Kolkata-700 019, praying for (a) direction upon the OP to refund the deposited amount of premium, (b) Rs.20,000/- as compensation and (c) Rs.10,000/- as litigation cost.
Facts in brief are that Complainant purchased a policy issued by OP No.1 on 2.6.2012 having policy No.20849536 of Metlife India Insurance Co. Ltd. for ten years having sum assured Rs.3,30,000/- with instalment premium of Rs.32,413.00 bearing nominee Ms. Anuva Chowdhury.
As per terms of the policy it was for the period from 30.5.2012 to 30.5.2022. After receiving the policy documents Complainant came to know that the policy has a regular payment scheme and Complainant is unable to continue such a policy. Complainant had thought that the policy is for single premium and on good faith agreed to avail the policy.
After receiving the policy Complainant wrote several letters to the OP to cancel the policy and refund the money. But, OP intentionally delayed the matter and did not refund the money. So, Complainant filed this case.
On the basis of the above facts the complaint was admitted and notices were served upon the OPs. OPs appeared by filing vakalatnama, but, did not file written version. So, the case is heard ex-parte.
Decision with reasons
Complainant filed certain documents and also a petition praying for treating the contents of the complaint as affidavit-in-chief. Thereafter Complainant filed written argument.
Main point for determination is whether the Complainant is entitled to the reliefs which he has prayed.
On perusal of the Xerox copy of the policy documents, it appears that the premium amount is Rs.33,414.56 and the policy is for ten years. Further, it appears that Complainant paid this amount and policy was issued to the Complainant.
On perusal of Xerox copy of the letter issued by OP to the Complainant it appears that the OPs informed the Complainant vide letter dt.29.3.2016 that the requests of the Complainant has been accepted by the OP and they are ready to return the initial premium received against the policy for which they sought for certain documents. This makes it clear that Complainant made requests within the time and he is entitled to refund of Rs.32,413/- which is premium amount after deducting the service taxes and education cess.
Accordingly, we are of the view that Complainant is entitled to the refund of Rs.32,413/-.
So far as the claim of compensation and litigation cost is concerned, we are of the view that no material has been furnished in the complaint petition for allowing compensation and for litigation cost. Accordingly, OP requires to be directed for paying Rs.32,413/-.
Hence,
ordered
CC/337/2016 and the same is allowed ex-parte in part. OPs are directed to refund Rs.32,413/- to the Complainant within two months of this order. In default, this amount shall carry interest @ 10%p.a. till realization. The liability of OPs are joint and several.
