Filed on :23.01.2016

Disposed on.24.11.2016

BEFORE THE BANGALORE URBAN II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SHANTHINAGAR, BANGALORE – 560027

DATED THIS THE 24^th DAY OF NOVEMBER 2016

CONSUMER COMPLAINT NO.104/2016

PRESENT: 

KUM. T. SHOBHADEVI, M.A., LL.B.,        …. PRESIDENT

SMT V.ANURADHA B.A., LL.B.,                   ….  MEMBER

V/S

ORDER

BY KUM. T. SHOBHADEVI,, PRESIDENT

          This complaint is filed under section 12 of the Consumer Protection Act 1986.

2.      The complainant submitted that, he took ING Vysya Life Insurance Freedom plan (Unit linked scheme) on 14.12.2005, while he was working at Chickballpur-ING Vysya Bank.  With a premium of Rs.15,000/-, sum assured for three lakh.  Expiry dated 14.12.2026.  Complainant paid yearly Rs.15,000/- for 2006, 2007, totally Rs.45,000/- from the date of policynot got any present value stt.  Complainant till date requested the OPs several times over phone and wrote letters about the value of the policy.  In 2012 due to his personal problem sent to company for surrender and later after two months received back with request to continue.  From that day there is no information from company to his address.  In august 2014 received RTGS credit to his account 13383.54 stating that his LIC account closed in 2013.  Complainant working in ING vysya bank and did LI business at branch.  The sending of letter to Chikkaballapur is not reasonable.  After closure of account one year eight months after credited to his account, then he came to know about the account details.  On 09.09.2014 sent email to OP about dissatisfaction about closure of policy without his notice. Received mail dated 20.09.2014, to pay at least Rs.45,000/- for revival.  Accordingly sent back the DD of Rs.13,383.53 and Rs.45,000/- another DD payable at Mysore requested for receipts.  On September 2015, made call to company for annual premium payment in turn company informed that the policy not at all revived and the amount of Rs.58383.54 cheque again sent back to Chikkaballapur and kept pending with them.  It is also informed by OP to pay another Rs.60,000/- with medical fitness certificate for revival.  Complainant requested about paid Rs.90,000/- position and asked for confirmation.  Customer care section took more than three months and informed matter not possible.  Inspite of complainant’s request, there is no response from the OP.  Hence this complaint.

3.      Upon service of notice, OP remained absent and placed exparte. (Complainant submitted memo stating that even though it is mentioned as OP1 and 2 both are one and the same and it may be considered as one OP.  Hence it is considered as only one OP).

4.      Perused the pleadings, evidence and available documents produced by the complainant.  Arguments are heard.

5.      The points that arise for our consideration are:

1. Whether the complainant has proved deficiency in service on the part of the OPs?
2. Whether the complainant is entitled for compensation?
3. What order and relief?

6.      Our answers to the above points:

1. Point No.1   :         In the Affirmative
2. Point No. 2  :         In the Affirmative
3. Point No. 3  :         As per final order for the following;

7. POINT NO. 1 AND 2:

After perusing the evidence and arguments of the complainant, it reveals that complainant took ING vysya Bank Life Insurance Freedom Plan (Unit linked scheme) on 14.05.2015.  Complainant has produced copies of certain documents in proof of his case.  Complainant has produced copy of the life insurance policy.  It clearly shows that the complainant had obtained life insurance freedom plan, unit linked scheme from the OP.  Complainant has also paid Rs.45,000/- totally and got present value stt.  Email clearly shows that complainant contacted the OP to know the value of the policy.  According to complainant, he received email dated 20.09.2014 from the company to pay at least Rs.45,000/- for revival.  Accordingly complainant sent the DD for Rs.13,383 and another DD for Rs.45,000/- payable at Mysore requested for receipts.  But he received the information that policy is not revived and asked for to pay Rs.60,000/- with medical fitness certificate for revival.  When the complainant asked for paid amount of Rs.90,000/- position and requested for later confirmation there was no response from the OP.  In this regard complainant made several emails and also phone calls to the OP, but there is no response from the OP or payment from the OP to the complainant.  The documents produced by the complainant, proves all these facts.

8.      Inspite of Forum notice served against the OP, OP did not appear before the Forum and OP has not replied the complaint.  Hence there is no other ground except to believe the facts stated in the complaint of the complainant. Under the above stated circumstances, we are of the opinion that the complainant proved the deficiency in service on the part of the OP and OP is liable to pay the payment to the complainant. Hence we answer the above Point No.1 and 2 in the Affirmative.

9.      POINT NO.3:- In the result, we proceed to pass the following;

     The complaint is allowed.

 The OP is directed to pay a sum of Rs.1,35,000/- to the complainant.

OP is directed to pay a sum of Rs.2,000/- towards the litigation expenses to the complainant.  

OP is directed to comply the above said order within 60 days from the date of receipt of this order.

Send copy of the order to both the parties at free of cost.

(Dictated to the Stenographer, transcribed and computerized by her/him and corrected and then pronounced by us in the open Forum on this the 24^th day of November 2016).

MEMBER                                        PRESIDENT