DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALWAL
Consumer Complaint No. 122 of 2014 Date of Institution: 29.09.2014
Date of Decision : 26.03.2015.
Sh.Sukh Pal S/o Meher Chand R/o village Jatola Tehsil & District Palwal.
.. Complainant Versus
1. The Manager, PACL, Limited, 47b, Near Syndicate Bank, 1st Floor, Neelam Bata road Faridabad-121001.
2. Agent:- Jagpal S/o Prabhu R/o Jatola, Teh. & Distt. Palwal. ..Respondent/O.P.
COMPLAINT UNDER SECTION 12 OF CONSUMER PROTECTION ACT
BEFORE: JAGBIR SINGH: PRESIDENT
KHUSHWINDER KAUR: MEMBER
R.S.DHARIWAL: MEMBER
PRESENT: Sh.K.D. Bhardwaj, Advocate for complainant.
Opposite party no. 1 exparte.
Sh.Jagpal Singh, in person on behalf of opposite party no.2.
ORDER:
Brief facts of the present case are that opposite party no. 2 approached the complainant to take an insurance policy of opposite party no. 1 and gave assurance that after the expiry of insurance period opposite party would refund the total cover amount of Rs.90,000/-, so the complainant took insurance policy vide registration no. U036147498 dated 27.1.2009 for a period of 5 years with monthly installments of Rs.1,000/-. Thereafter, the complainant regularly paid the monthly installment and after expiry period the complainant applied for refund of the insurance amount but nothing was done by opposite party no. 1. The complainant was in urgent need of money so he contacted opposite party no. 2 but he also did nothing and lingered the matter on one pretext or the other. The complainant suffered mental agony and physical pain.
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The complainant also sent a notice through registered post to opposite parties on 15.9.2014 but despite receipt of said notice opposite parties neither replied nor took action in this regard. Thus, there was deficiency in service, unfair trade practice and malpractice on the part of opposite parties. The complainant prayed for directing opposite parties to reimburse in his account an amount of Rs.90,000/- alongwith interest @ 18% per annum and to pay Rs.50,000/- on account of deficiency in service in addition to Rs.11,000/- on account of litigation expenses to the complainant.
Notice of this complaint was issued to opposite parties but none put in appearance on behalf of opposite party no. 1. Notice not received back hence deemed to be served after expiry of one month, so opposite party no. 1 was proceeded against exparte on 11.11.2014. Opposite party no.2 put in appearance and filed written statement. In written statement opposite party no. 2 admitted that the complainant and opposite party no. 1 had made an agreement under insurance policy registration no. U036147498 dated 27.4.2009 for a period of five and a half years, as per the terms and conditions of opposite party no. 1. Opposite party no. 2 worked as agent on commission rate/rule of opposite party no. 1. The complainant paid installments as per the agreement between the complainant and opposite party no. 1, so opposite party no. 2 was not liable for any payment. Opposite party no. 2 denied the receipt of any notice dated 23.9.2014 from the complainant as well as unfair trade practice and liability on the part of opposite party no.2. Opposite party no. 2 prayed for passing the order against opposite party no.1 only.
In support of his claim the complainant placed on record his own supporting Affidavit Ex. CW1/A wherein he solemnly affirmed the same facts which he enumerated in his complaint and relied upon the following documents:-
Ex.C-1 to Ex.C-17 Photocopies of renewal subscription receipts.
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Sh.Jagpal Singh on behalf of opposite party no. 2 has made a statement to the effect that reply already on the file be read as his evidence.
The Forum heard Sh. K.D. Bhardwaj Ld. Counsel for the complainant and Sh. Jagpal Singh in person on behalf of opposite party no.2 at length and have gone through the case file carefully as well as written arguments.
The Ld. Counsel of the complainant at the time of arguments drew the attention of the Forum on the photocopy of acknowledgment receipt dated 8.8.2014 given by opposite party no.1 to the complainant relating to buy back letter Annexure L-1 and a photocopy of statement of quarterly payment made by the complainant for his insurance policy no U036147498 Annexure L-2 submitted today. He also drew attention of the Forum on the expiry realization value of Rs. 90920/- mentioned on Annexure L-2. The Ld. Counsel of the complainant pleaded that the complainant had paid all the installments but opposite party no. 1 did not pay the assured amount of Rs. 90920/- to the complainant even after serving legal notice. It is evident from the copy of statement of payments Annexure L-2 that the complainant was insured vide policy no. U036147498 for a consideration value of Rs. 62500/- and expiry realization value of Rs 90920/- for a period of 5 years and 6 months from 27.1.2009 to 27.7.2014 with opposite party no. 1. The complainant had paid all the installments upto 27.4.2014 and nothing was due to the complainant. After expiry of the policy period he applied for refund of the assured amount of Rs. 909200/- on 8.8.2014 Annexure L-1 but opposite party no.1 did not pay the assured amount to the complainant till filing of the complaint. Since opposite party no. 1 has not come present to contest claim of the complainant and there is nothing on record to disbelieve and discredit the aforesaid exparte evidence of the complainant, therefore, the allegations made in complaint go unrebutted. From the aforesaid exparte evidence it is amply proved that the
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opposite party no. 1 has rendered deficient services to the complainant. The complainant has not produced any document or evidence to prove any unfair trade practice or deficiency in service on the part of opposite party no. 2. Hence the complaint is allowed.
Opposite party no. 1 is directed to pay the assured amount of Rs. 90,920/- alongwith interest @ 9% per annum from the date of filing of the complaint till its realization and Rs.2200/- as compensation on account of deficiency in service, mental agony as well as harassment in addition to Rs. 1100/- towards litigation expenses to the complainant within 45 days from the date of receipt of this order failing which opposite party no. 1 shall be further burdened with penalty amount of Rs 2000/- in addition to award amount. Copy of this order be given to the parties free of costs and file be consigned to the record room. This order of the Forum is running into 4 pages and each page of this order has been signed by this Forum.
Announced on:26.3.2015 (JAGBIR SINGH)
President
District Consumer Disputes
Redressal Forum, Palwal
(KHUSHWINDER KAUR)
Member
District Consumer Disputes
Redressal Forum, Palwal
(R. S. DHARIWAL)
Member District Consumer Disputes
Redressal Forum, Palwal
