ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:

                                                                                                JUDGMENT

            Complainant has filed this consumer complaint U/s.35 of C.P. Act, 2019 seeking following reliefs;

            “Direct the opposite party No.1 to pay Rs.5,00,000/- towards the maturity amount along with pay interest @ 12% per annum and opposite parties direct to pay Rs.50,000/- towards financial loss, mental agony and harassment”.

            The brief fact of the case is that, the complainant is a consumer as per the Consumer Protection Act, 2019 as he is a policy holder has hired the service of the opposite party No.1 insurance company on payment of consideration. The opposite parties had committed gross deficiency in service and also adopted unfair trade practice by not paying maturity amount against his life insurance policy, which were purchased/taken by him from their insurance company even though the date of maturity of the said policy has already been over since long in spite of several correspondences to opposite parties.

            Though opposite party No.1 appeared but did not file any written version before this Commission.

            The complainant had paid Rs.99,485/- towards the 1^st premium towards policy No.21791849. The complainant though deposited/deducted the amount towards 1^st premium on 21.01.2016 but alleged not to have received the policy bond but as to how he get the policy number and why the complainant did not pay the next premium and why he did not make any correspondence after Jan.,2016 to April, 2020 is not explained. Since opposite parties have neither appeared on the date of hearing nor filed any written version, we are in dark but mentioning the policy number by complainant goes to show that he is aware of the policy and it’s condition, which he has tried to suppress. One who comes to any Court/Tribunal/Commission should come in clean hand is the settled principle of law, but as to why complainant has remained silent from 2016 to 2020 and as to how complainant got policy number but could not know other conditions has not been explained in the petition.

            However undisputed fact is that complainant has taken policy by paying premium and opposite parties have insured the complainant for the period. So considering the case of both parties we direct the opposite parties to return the amount deposited on 21.01.2016 amounting Rs.99,485/- with 5% simple interest within 45 days, failing which the opposite parties shall pay Rs.200/- per day after 45 days from the date of receipt of order. With the aforesaid observation and direction the consumer complaint is disposed of. No cost.

            Pronounced in the open Commission on this 07^th July,2023.