By Smt. PREETHI SIVARAMAN.C, MEMBER
1.The complaint in short is as follows: -
Complainant had purchased an insurance policy from opposite party on 2010 through an agent of opposite party. The policy Number of complainant is 20431996. The premium that is to be paid yearly is Rs.10,100/- and complainant had paid two yearly premiums. That means complainant had paid Rs.20,200/- to opposite party's insurance company. But due to the economic crisis and due to his personal problems he cannot continue the policy and he was unable to pay the premiums later. Complainant approached the opposite party for surrendering the policy and for getting back the paid premium to him. But opposite party denied that request of complainant and said that as per opposite party’s rule the premium amount will be returned only after paying at least three instalments of premiums by complainant. Complainant had made so many requests through phone and through letters. But opposite party hesitate to give back the money to complainant. Hence this complaint.
2. The prayer of the complainant is that he is entitled to get Rs. 88,000/-, which is the amount of premium and its interest for 11 years, Rs. 10,000/- as compensation for the deficiency in service and thereby caused mental agony, physical hardships and sufferings to the complainant and cost of the proceedings.
3. On admission of the complaint notice was issued to the opposite party and notice served on them and they appeared before this Commission through their counsel and vakkalath filed on 13/04/2022. No version filed. Hence they set exparte.
4. In order to substantiate the case of the complainant, he filed an affidavit in lieu of Chief examination and he produced one document which is marked as Ext. A1. Ext.A1 is the copy of NEFT Mandate form given by opposite party to complainant.
5. Heard the complainant and perused the affidavit and documents filed by complainant. The allegations against opposite party is proved by the unchallenged evidence of complainant. There is no contra evidence in this matter. Opposite party received notice from this Commission on 14/03/2022. Adv. Mammoker filed vakkalath for opposite party on 13/04/2022. Opposite party not filed version within the statutory period. Hence they set exparte. Hence the Commission finds that there is deficiency in service and unfair trade practice on the part of the opposite party as alleged in the complaint. Hence we allow this complaint holding that opposite party is deficient in service.
6. We allow this complaint as follows:-
- The opposite party is directed to refund Rs.22000/- (Rupees Twenty two thousand only) to complainant, the premium for two years paid by complainant to opposite party.
- The opposite party is directed to pay compensation of Rs.5000/-(Rupees Five thousand only) to the complainant on account of deficiency in service on the part of opposite parties and thereby caused mental agony, physical hardships and sufferings to the complainant.
- The opposite party is also directed to pay Rs.1000/-(Rupees One thousand only) as cost of the proceedings.
If the above said amount is not paid to the complainant within 30 days from the date of receipt of copy of this order, the opposite party is liable to pay the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.
Dated this 23rd day of January, 2023.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1
Ext.A2 : copy of NEFT Mandate form given by opposite party to complainant.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
CPR
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
