Haryana

Karnal

CC/319/2019

Dharshna Makkar - Complainant(s)

Versus

PNB Met lIfe Insurance Company Limited - Opp.Party(s)

Surjit Narwal

02 Mar 2020

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

 

                                                          Complaint No. 319 of 2019

                                                          Date of instt. 04.06.2019

                                                          Date of Decision 02.03.2020

 

Dharshna Makkar, resident of ward no.25, House no.771, Model Town, Panipat, date of birth 16.08.1964.

                                                                       …….Complainant

                                        Versus

 

1. PNB Metlife Insurance Company Limited, Init no.101, 1^st floor, Techniplex 1, Techniplex Complex, off Veer Savarkar Flyover, SV Road, Goregaon, West Mumbai 4000062.

2. PNB Metlife Insurance Company Limited, Karnal Circle Karnal (Haryana), through its Circle Head.

3. The Branch Manager, PNB Metlife Insurance Company Ltd. Karnal.

 

                                                                        …..Opposite parties.

 

           Complaint u/s 12 of the Consumer Protection Act. 

 

Before    Sh. Jaswant Singh……President. 

      Sh.Vineet Kaushik ………..Member

                Dr. Rekha Chaudhary…….Member

 

 Present:  Shri Surjit Narwal Advocate for complainant.

                   Shri D.K. Sharma Advocate for opposite parties.

 

                   (Jaswant Singh President)

ORDER:                    

 

                The facts of the complaint is that present complaint has been filed by the complainant u/s 12 of the Consumer Protection Act 1986 on the averments that complainant has obtained PNB Metlife Insurance Policy no.21487463 on 25.02.2015 from the OPs. The premium amount of Rs.30,000/- deposited by the complainant in the month of January, 2015 upon which aforesaid policy has been issued to the complainant. Three installments were to be deposited by the complainant firstly on 26.01.2016, 30.01.2016 and on 09.01.2018 amounting to Rs.30,000/- each. The complainant deposited four installments with OPs, which is excess. However, the complainant has to pay three installments to the OPs in respect of the abovesaid policy. The complainant has received a telephonic call from the office of OPs that his policy has been lapsed. The complainant has made telephonic call on 27.09.2017 to OPs but the same has not been received by them. Complainant has made representation on 28.09.2017 to the OP no.1 prayed therein that his policy may not be lapsed, but no action has been taken by the OP no.1. The complainant also made representation to the OPS no.2 and 3 on 29.09.2017, 02.11.2017, 17.11.2017, 20.11.2017, 29.11.2017 and 13.12.2017 to solve the problem, but no action has been taken by the OPs. OP no.1 has sent a letter no.Doc-Code-SD-OTC A/035-418-903 dated 12^th April, 2018 to the complainant stating therein that an amount of Rs.30,000/- has been received by the OPs on 09.01.2018. An amount of Rs.30,000/- has been received on 31.01.2017. Amount of Rs.29,550/- and Rs.450/- has been received on 25.01.2016 and amount of Rs.5000/- and Rs.25,000/- has  been received on 19.02.2015. So the renewal amount of Rs.(29,550/-+450/-) has been refunded to the complainant vide abovesaid letter which has been deposited by the complainant and the same was the excess amount despite of three installments. The complainant has received an amount of Rs.450/- in her account no.XXXXXXXXXXXXX219, but amount of Rs.29,950/- has not been received by the complainant which has been deposited in account no.XXXXXXXXXXXXX5359 which is not belonging to the complainant. On 13.12.2017, the complainant has made representation to the OP no.1 stating therein that the complainant is not having any account no.XXXXXXXXXXXXX5359 but the OPs have not given any response. The complainant sent a legal notice dated 14.06.2018 through her counsel in this regard but it also did not yield any result. In this way there was deficiency in service on the part of the OPs. Hence complainant filed the present complaint.

2.             Notice of the complaint was given to the OPs, who appeared and filed written version stating therein that in the present case, the policy no.21487463 which was issued on the basis of duly filled and signed proposal form received from complainant wherein complainant was under obligation to pay an annual premium of Rs.30,000/- on due date. The complainant received the premiums i.e. Rs.25,000/- and Rs.5000/- on 19.02.2015 applied towards first premium, Rs.30,000/- on 31.01.2017 second premium and Rs.30,000/- on 09.01.2018 third premium.  Thereafter,  no further premium were paid by the complainant consequently the same into lapsed mode as per terms and conditions of subject policy. It is further stated that the present complaint is liable to be dismissed on account of being at the pre-mature stage. In the present case, complainant has alleged non-receipt of Rs.29,550/- on the basis of letter dated 12.04.2018 received by her. On investigation it has been found that due to technical error said letter was sent to complainant which contained information of refund of the premium amount of Rs.29,950/- belonging to another policy holder of insurance company, namely Mr. Ramesh Kumar as evident from the bank passbook of account no.XXXX5359. Since the amount of Rs.29,550/- on 25.01.2016 was not received from the complainant, thereby there is no question of non-payment of the same to the complainant. It is further stated that the complainant has failed to approach insurance company with any document in order to prove any payment made by the complainant which has not been applied to her policy and/or not refunded to her. Consequently, insurance company was rendered incapable of processing the grievance of complainant. Complainant has failed to submit documents as requested by insurance company or otherwise to prove any of her contentions, rather approached this Forum in order to gain unjustified money from insurance company. It is further stated that the complainant failed to submit documentary proof in the form of bank account statement or bank certificate with respect to any deduction made from the account of complainant which has not been received by insurance company in order to get her issues resolved. There is no deficiency in service on the part of the OPs. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.

3.             Complainant tendered into evidence his affidavit Ex.CW1/A and documents Ex.C1 to Ex.C35 and closed the evidence on 17.01.2020.

4.             On the other hand, OPs tendered into evidence affidavit of Rajeev Sharma Ex.OPW1/A and documents Ex.OP1 to Ex.OP6 and closed the evidence on 19.02.2020.

5.             We have heard the learned counsel for both the parties and perused the case file carefully and have also gone through the evidence led by the parties.

6.             Admittedly, the complainant purchased PNB Metlife Insurance policy, for the premium amounting to Rs.30,000/-, which was to be deposited in the month of January every year. In the said policy, as per version of the complainant, the premiums were deposited by the complainant within time with the OPs, the complainant had deposited excess premium amount of Rs.29,550/- with OPs. As per version of the complainant she had received a telephonic call from OPs that his policy has been lapsed. Then the complainant made representations Ex.C7 to Ex.C14 regarding not to get lapsed his policy and the documents as desired by the OPs also sent through Trackon Couriers Pvt. Ltd. Services (Couriers receipts are Ex.C27 to Ex.C34).

7.             In the present case there is only dispute regarding refund of Rs.29,550/-, which have not been received back as alleged by the complainant. OPs have written a letter Ex.C20 dated 27^th November, 2017  in which OPs have specifically mentioned that “we have refunded Rs.29550/- in your Punjab National Bank account number ending XXXXX5359 on 21.08.2017 and Rs.450/- in your Punjab National Bank account number ending XXXX219 on 04.09.2017. May request you to kindly check your bank account statement, if you have not received the amount, request you to kindly share your bank account statement since 1^st August, 2017 till date. Only Rs.450/- refunded by the OP in PNB account number ending XXX219 on 04.09.2017 which belongs to the complainant.

8.             Disputed amount i.e. Rs.29,550/- has been refunded by the OPs in the account of another policy holder account,  which does not relate to the complainant. The complainant has given the bank account statement and other documents as and when required by the OPs. The complainant cannot be blamed for the wrong acts of the OPs. Thus, we are of the considered view that the act of the OPs amount to deficiency in service and unfair trade practice.

9.             Thus, as a sequel to abovesaid discussion, we allow the present complaint and direct the OPs to refund Rs.29550/- to the complainant with interest @ 9% per annum from the date of deposit till its realization. We further direct the OPs to pay Rs.5,000/- to the complainant on account of mental agony and harassment suffered by her and for the litigation expenses. This order shall be complied within 30 days from the receipt of copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:02.03.2020                                                                       

                                                                      President,

                                                              District Consumer Disputes

                                                               Redressal Forum, Karnal.      

 

 

         (Vineet Kaushik)         (Dr. Rekha Chaudhary)

            Member                         Member