DATE OF FILING : 07.07.2015.
DATE OF S/R : 17.08.2015.
DATE OF FINAL ORDER : 30.12.2015.
Mr. Barundeb Bhattacharya,
39/2, Sarada Chatterjee Lane,
Howrah 711101………………………………………………………… COMPLAINANT.
M/s. PNB Metlife India Insurance Company Limited,
havings its registered office at ‘Brigade Seshamahal, no. 5,
Vani Vilas Road, Basavanagudi, Bangalore,
560004 and having its local branch office
at 4/B/1, Salkia School Road, 2nd floor,
Howrah………… …………………………………….………………OPPOSITE PARTY.
P R E S E N T
Hon’ble President : Shri B. D. Nanda, M.A. ( double ), L.L.M., WBHJS.
Hon’ble Member : Smt. Jhumki Saha.
Hon’ble Member : Shri A.K. Pathak .
F I N A L O R D E R
- This is an application U/S 12 of the C. P. Act, 1986 filed by the petitioner, Barun Deb Bhattacharya, praying for a direction upon the o.ps. to refund the paid premium amount along with interest and to pay compensation of Rs. 1 lakh for mental agony and physical harassment and Rs. 20,000/- as litigation costs.
- The case of the petitioner is that he obtained Met Life Policy from the Axis Bank, Panchanantala Branch, and as per terms of the policy deposited Rs. 1,50,000/- being Rs. 30,000/- per premium for five years. In 2014 due to paucity of fund he approached the concerned bank for surrendering the policy but the bank asked him to meet with one Subha / Mr. Suman who signed the new policy. He went to Mr. Subha / Mr. Suman who assured him that the problem would be resolved and introduced the petitioner with one Pranab Pramanick who advised him to transfer the PNB Met Life with transfer value of Rs. 1,07,000/- and the rest Rs. 37,000/- would remain as top up. The petitioner also got the PNB Met Life Policy amounting to Rs. 1,07,000/- which was one time investment and after five years he would get Rs. 1,50,000/- as stated by Mr. Pramanick who sent him e.mail. Later on the petitioner came to know that for the new policy he has to pay premium of Rs. 1,07,000/- per year and so the petitioner was surprised. On 22.01.2015 the petitioner received a call from PNB Met Life asking him to arrange for premium for the year and he came to know that the policy was issued to him with a term of yearly premium of Rs. 1,07,000/-. He filed a complaint with the Bantra P.S. against such incident and also sent legal notice on the o.ps. and then filed this case.
- The o.p. did not appear in the case even though the service of notice which was sufficient in the eye of law and also did not contest the by filing written version. So the case is heard ex parte against the o.p.
- The only point is decided herein whether the petitioner is entitled to get the relief as prayed for ?
DECISION WITH REASONS :
5. In support of his case the petitioner, Barun Deb Bhattacharya, filed before theForum affidavit in chief as well as the documents which proved the fact that the petitioner deposited premium for the previous policy for five years and then he wanted to surrender the same and he was misled and his signature was procured illegally for creation of a new policy. The oral evidence in the form of affidavit in chief as well as documentary evidences produced before thisForum proved the case of the petitioner ex parte as the same went unchallenged and there is nothing to disbelieve the case of the petitioner which is proved ex parte.
In the result, the claim case succeeds.
Court fee paid is correct.
Hence,
O R D E R E D
That the C. C. Case No. 245 of 2015 ( HDF 245 of 2015 ) be and the same is allowed ex parte against the o.p. with costs of Rs. 20,000/- out of which the petitioner to get Rs. 5,000/- and the rest amount would go in favour of Consumer Welfare Fund.
The petitioner is entitled to a sum of Rs.1,50,000/- from the o.p. with interest @ 9% p.a. since January, 2014 to be paid by the o.p. to the petitioner and also the o.p. to pay compensation of Rs. 10,000/- within 30 days from the date of this order failing the petitioner would be at liberty to put the order in execution.
Supply the copies of the order to the parties, free of costs.
DICTATED & CORRECTED
BY ME.
( B. D. Nanda )
President, C.D.R.F., Howrah.
