DATE OF FILING: 26.08.2016
DATE OF DIOSPOSAL: 11.06.2018
Sri Karuna Kar Nayak, President.
The complainant D.Sudhir Kumar Dora has filed this consumer complaint Under Section 12 of the Consumer Protection Act, 1986, alleging deficiency in service against the Opposite Parties ( in short the O.Ps) and for redressal of his grievance before this Forum.
2. Briefly stated the case of the complainant is that he is a cultivator and interested for an “Insurance Policy” in a non-banking organization to secure his life and for better future benefit for his kids and family with all the free access for continuing his policy. After through search and enquiry for such insurance the complainant came in to contact with one Siba Prasad Panda who is a career agent under the O.P.No.2 in the month of September 2009. Knowing the interest of the complainant said Siba Prasad Panda has advised to make a policy under the O.Ps and made an assurance about the product and its benefit. Being convinced with the words and phases of the said career agent the complainant was ready to insure himself under the O.Ps. The O.P. No.1 is a business bullion, deals with insurance sector and non-banking within the country and the O.P.No.2 is running the branch office at Berhampur, Ganjam District, Odisha stated in the name and style of M/s Birla Sun Life Insurance Company Ltd. The complainant on advise of said Siba Prasad Panda has issued a Demand Draft for an amount of Rs.12,000/- in favour of the O.P.No.1 vide DD No. 674127 dated 27.10.2009 drawn on SBI, Bhapur Bazar Branch, Berhampur to open an insurance policy in his name. Upon the assurance and filing of the proposal form of the O.Ps by the said career agent the complainant signed the proposal application and handed over the Demand Draft to said Siba Prasad Panda on 27.10.2009, the career agent assured the complainant for policy confirmation will be confirmed after six months as per the norms and terms of the Insurance Sector. It is also directed by the said Career agent that policy bond will be handed over to the complainant after the probation period. After due acknowledgement of subscribership of the proposal application on payment of Rs.12,000/- on 27.10.2009 the complainant awaiting for the policy bond after efflux of time but no such policy bond was received by him. The complainant being shocked with such malafide intention of the O.Ps tried his best to enquiry into the matter so on 24.06.2011 he contact the O.Ps over the Toll Free No. 1800-270-7000 but no suitable reply was received by him. The O.P.No.1 has asked for the bank statement of the Demand Draft on this the complainant approached the issuing branch and the bank has made a statement on the aforesaid DD on 14.09.2011. On 28.10.2014 the customer care center of the O.Ps asked the complainant to deposit all the requirements for the policy before the nearest branch without further delay. The complainant rushed to the O.P.No.2 and deposited all the requirements on the same day. On 22.05.2014 the complainant issued a legal notice through his advocate calling upon the O.Ps to release the policy bond otherwise refund the amount of the complainant. After receipt of the notice the O.P.No.1 gives reply on 23.06.2014 admitting their default by admitting the allegations regarding the demand draft and once again asked for submission of the required documents on the same statement. So in deficiency in service by the O.Ps, the complainant is put to irreparable loss and injury and deprived of getting the status of a insurer due to the negligent and fraud play by the O.Ps, for such deficiency of service the complainant is put into unnecessary litigation and mental agony. Alleging deficiency in service on the part of the O.Ps the complainant prayed to direct the O.Ps to release the policy bond in favour of the complainant or to refund the amount of Rs.12,000/- as received by them , Compensation of Rs.50,000/- towards financial loss and litigation expenses of Rs.10,000/- in the best interest of justice.
3. Upon notice the O.Ps filed version through their advocates. It is stated the present complaint is false, frivolous, vexatious and abuse of the process of this Hon’ble Forum and therefore, the same is liable to be dismissed. The alleged one Siba Prasad Panda the agent of the O.P. take the Demand Draft for an amount of Rs.12,000/- in favour of the O.P.No.1 vide DD No.674127 dated 27.10.2009 drawn on SBI Bhapur Bazzar Branch, Berhampur to open an insurance policy in his name is not the knowledge of O.P.No.1 and no such amount received by O.P.No.2. It is submitted by the O.P. that in practice of issuance business after receipt of the proposed and premium amount immediately issued welcome letter as well notice for 15 days free look time. In this case this O.P. not received the alleged proposed form as well as amount as stating that conformation of policy is not required six month in any insurance policy. After receipt of the notice the O.P.No.1 gives reply on 23.06.2014 with suitable answer. So there is no deficiency in service by the O.Ps. Hence the O.Ps prayed to seize this application.
4. On the date of hearing of the consumer complaint learned counsel for the complainant and O.Ps were present. We heard argument from both sides at length. We perused the complaint petition, written version, written argument and documents placed on the case record. In the instant case one Siba Prasad Panda the agent of the O.P. had taken the Demand Draft for an amount of Rs.12,000/- in favour of the O.P.No.1 vide DD No.674127 dated 27.10.2009 drawn on SBI Bhapur Bazzar Branch, Berhampur to open an insurance policy in the complainant’s name. It reveals from the information obtained by the complainant under R.T.I. Act that D.D.No. 674127 amounting to Rs.12,000/- has been deposited by Birla Sun Life Insurance, Bhubaneswar Branch for encashment on 30.10.2009 but neither the Birla Sunlife Insurance, Bhubaneswar Branch nor the agent Siba Prasad Panda has been impleaded as party in this case. Though O.P.No.2 is a party to this case but there is no liability on the part of O.P.No.2 in the instant case.
5. The plea of the O.P.No.1 is that he has no knowledge about the complainant’s D.D.No. 674127 dated 27.10.2009 for an amount of Rs.12,000/- and the plea of the O.P.No.2 is that no such amount is received. Further, it reveals from the pleader notice dated 22.05.2014 of the complainant to O.P.No.1 that he has deposited said Demand Draft before the Capital Financial Solutions, Bhubaneswar in favour of Birla Sun life Insurance Co. ltd. But the reply of O.P.No.1 through his advocate to complainant’ advocate that the complainant’ Demand draft of the year 2009 can not be traced since a long period has elapsed, which is not tenable in the eye of law. As the demand draft amount of the complainant has been received by Birla Sun life Insurance, Bhubaneswar Branch as such we hold that O.P.No.1 being Head Office of Bhubaneswar Branch is negligent in rendering proper service to the complainant. Hence in our considered view there is deficiency in service on the part of O.P.No.1.
In the result, the complainant’s case is partly allowed against O.P.No.1 and dismissed against O.P.No.2. The O.P.No.1 is directed to refund Rs.12,000/- (Rupees Twelve Thousand) only to the complainant alongwith up-to-date interest as per IRDA Rules from the date of filing of this case i.e. on 26.08.2016. Further the O.P.No.1 is directed to pay Rs.2000/- towards compensation for mental agony alongwith Rs.2000/- towards cost of litigation to the complainant within one month from the receipt of this order failing which all the dues shall be realized at the rate of 14% interest per annum.
The order is pronounced on this day of 11th June 2018 under the signature and seal of this Forum. The office is directed to supply copy of order to the parties free of cost and a copy of same be sent to the server of
