Date of filing : 05-11-2013
Date of order : 05 -03-2014
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.257/2013
Dated this, the 5th day of March 2014
PRESENT:
SMT.P.RAMADEVI : PRESIDENT
SMT.K.G.BEENA : MEMBER
SMT.SHIBA.M.SAMUEL : MEMBER
M.Abdul Nazir, S/o.Moideen Kunhi, : Complainant
R/at Chayintadi house, Po.Cherkala,
Kasaragod. 671541.
(Adv. Shajid Kammadam, Kasaragod)
1 Shihab, Adult, S/o. Abdulla Haji, working in : Opposite parties.
Birla Sun Life Kopra Bazar, Mogral, Kasaragod.
2.M/s Birla Sun Life, Golden Arcade,
Opp. South Indian Bank, New Bus Stand,
Kasaragod rep by its Manager.
(Ops 1&2 exparte)
O R D E R
SMT.P.RAMADEVI, PRESIDENT
That the complainant Mr.Abdul Nazir filed this complaint alleging deficiency in service and unfair trade practice against opposite parties.
The case of the complainant in brief is that the 1st opposite party claimed to be a licensed insurance agent being availed by the 2nd opposite party approached the complainant and induced the complainant to join BSI Jeevan Saral Insurance and represented before the complainant that it is a very good policy and explained about the details of the scheme and regarding the total premium and the growth and the period of the scheme and the Ist opposite party represented before the complainant that the total premium for the policy is Rs.39,744/- by 6 instalments over a period of 3 years and on completion of the period the complainant would get an assured return of Rs. 1,40,000/- and on believing the words of the opposite parties the complainant joined the scheme and paid the premium regularly and on completion of the period he approached 2nd opposite party on 21-10-2013 but the 2nd opposite party abused the complainant in a filthy language and informed that the complainant is eligible only for Rs.20,000/- after deducting surrender charges and the complainant also came to know that 2nd opposite party is availing the service of 1st opposite party who is not licensed by the authority for soliciting or procuring insurance business in contravention of S.40(1) of Insurance Act and 1st opposite party has misrepresented and misled the complainant about the character of the product and made him to subscribe the Saral Jeevan Policy and the act of opposite parties caused mental agony to the complainant and hence this complaint is filed for necessary reliefs.
2. The opposite parties duly served the notice but both opposite parties failed to appear before the Forum. Hence the opposite parties set exparte.
3. The complainant filed proof affidavit and Exts A1 to A6 marked. The specific case of the complainant that the opposite parties induced the complainant to join the Saral Jeevan Policy by misrepresenting the facts of the product and thereby the opposite parties committed unfair trade practice and also failed to provide proper services to its customers. Here there is no contra evidence produced by the opposite parties. The opposite parties even not ready to appear before the Forum. On perusal of Exts A1 to A6 it is very clear that the complainant had paid 6 equal instalments of Rs.6,624/- per instalment and a total of Rs.39,744/- to the above Saral Jeevan Policy and he is entitled to get that amount.
Therefore the complaint is allowed and both opposite parties are jointly and severally directed to pay Rs.39,744/- to the complainant with 12% interest from the date of complaint till payment and both opposite parties are further directed to pay Rs.2000/-towards cost of the proceedings.
MEMBER MEMBER PRESIDENT
Exts.
A1.3-7-2009 receipt issued by Birla Sun Life Insurance Company Ltd to complainant.
A2.15-1-2010 ,, ,,
A3.11-08-2010 ,, ,,
A4.20-1-2011 ,, ,,
A5.02-08-2011,, ,,
A6.06-02-2012,, ,,
MEMBER MEMBER PRESIDENT
Pj/
