BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
CACHAR :: SILCHAR
Con. Case No. 4 of 2016
Sri Subrata Sarma Mazumder, …………………………………… Complainant.
-V/S-
1. The Principal Officer-In-Charge,
Bharati Axa Life Insurance Co. Ltd.,
Regd. Office at Unit 601&602,6th Floor,
Raheja Titanium, Off Western Express Highway,
Goregaon (E), Mumbai - 400063. O.P No.1.
2. The Branch Manager,
Bharati Axa Life Insurance Co. Ltd.,
Silchar Branch, N.S. Avenue, Silchar - 788005 O.P No.2.
Present: - Sri Bishnu Debnath, President,
District Consumer Forum,
Cachar, Silchar.
Mrs. Chandana Purkayastha, Member,
District Consumer Forum,
Cachar, Silchar.
Shri Kamal Kumar Sarda, Member,
District Consumer Forum,
Cachar, Silchar.
Appeared :- Sri Mrigankar Bhattacharjee, Advocate for the complainant.
Sri Bhaskar Deb, Advocate for the O.Ps.
Date of Evidence 18-11-2016, 19-05-2017
Date of written argument 21-10-2017, 22-11-2017
Date of oral argument 19-12-2017
Date of judgment 03-01-2018
JUDGMENT AND ORDER
Sri Bishnu Debnath,
- This case has been brought by Sri Subrata Sarma Mazumder under the provision of Consumer Protection Act,1986 against the Principal Officer-In-Charge and the Branch Manager of Silchar Branch of Bharati Axa Life Insurance Co. Ltd. for cancellation of 2 (two) Insurance Policies under secure Income Plan and refund of premium amount of Rs.25,000+25,000=50,000.00. He also brought this case for award of compensation for mischief/fraud/cheating/unfair trade practice.
- Brief facts:- As per telephonic assurance of Mrs. Kavita Mazumder of Kolkata the complainant agree to close his insurance policy No.500-7044620 i.e. AAJEVAN ANAND and submitted proposal for SECURE INCOME PLAN on 07-05-2014 and paid premium of Rs.25,000/- on cheque No.046812 and handed over the original policy of AAJEVAN ANAND to the person deputed to him. He was in the impression that the accumulated premium amount of AAJEVAN ANAND PLAN would be adjusted with new policy. Accordingly, he received new policy No.501-2070180. But to utter surprise he found that the new policy document did not at all mention anything about receipt of premium adjusted of AAJEVAN ANAND rather mentioned that the complainant is require to pay 7 (Seven) more premium at the rate of RS.25,000/- each. Then he tried to contact Mrs. Kavita Mazumder on her cell phone No.08013004316 but phone was found off on repeated attempts.
- Similarly, sometime in August,2014 one Priyanka Mazumder from Kolkata inform him that he has been selected for a gift of HP Laptop 15 inches screen 4th generation against the above insurance policy No.501-12070180. Accordingly, asked him to send copy of Electric Bill as address proof and also asked to send a cheque of RS.25,000/- which will be returned after verifying the genuineness of the recipient. He accordingly handed over a cheque of RS.25,000/- vide cheque No.046833 dated 16-08-2014 and aforementioned copies of document to a person deputed to him from the office of the Branch Manager, Silchar Branch of Bharati Axa Life Insurance Co. Ltd. On 22-08-2014 instead of receiving any gift got SMS from his SBI Branch that the above cheque has been encashed and thereafter again received SMS from Silchar Branch of Bharati Axa Life Insurance Co. Ltd. that the policy No.501-2338447 has been issued in his name. The complainant than contact Mrs. Priyanka Mazumder but she replied that some mistake might have committed during her absence and assured to inquire about it. Thereafter, she advised her to return the policy No.501-2338447. Accordingly, he refunded the original policy document under speed post cover No.EA701447292IN on 20-09-2014. But on repealed demand the cheque amount was not refunded.
- The Bharati Axa Life Insurance Co. Ltd. (O.Ps) in their joint W/S stated inter-alia that on receiving of 2 (two) proposal, issued 2(two) insurance policy vide policy No. 501-2070180 dated 12-05-2014 and policy No.501-2338447 dated 19-08-2014. It is also stated that both the policy are inforce and yearly premium is RS.25,000/- for each. It is also stated that the insurance policy No.500-7044620 dated 18-02-2011 has been lapsed but premium paid upto 19/02/2016.
- So far as, allegation of cheating/mischief/fraud/unfair trade practice they denied and stated that Mrs. Kavita Mazumder or Mrs. Priyanka Mukharjee are not their agent, for which they are not liable to any act of both the women.
- During hearing the complainant deposed as P.W-1 and exhibited many documents regarding allegation of cheating etc. The O.P side also examined Sri Swapnil Malve the Associate Manager (legal) as D.W and submitted some documents including proposal Form of the complainant. After closing evidence both sides’ counsels submitted written argument.
- Heard oral argument of the Ld. Advocate of the complainant. Perused written argument and evidence on record.
- In this case as per documentary evidence the complainant put signature on proposal form and on satisfying the material and particular, the O.P issued 2 (two) Insurance Policy. Thus, on bare perusal of the documents, we do not find any disservice on the part of the O.P. Of course, the complainant do not like to continue with the Policy and want to get refund of the premium amount by closing the policy.
- But in this Consumer forum if we do not find any disservice or unfair trade practice,there is no jurisdiction to direct the O.P. to close the policy and refund the accumulated amount received by way of premium without deduction of premium for coverage of life risk for a period till the date of closing the policy.
- In this case as per the Complaint Mrs. Kavita Mazumder and Mrs. Priyanka Mukherjee convinced him to issue cheque of total Rs.50,000/- but in this case we do not find relevant evidence and material to establish the real facts as occurred. The evidence adduced in this case in summary manner for which the real dispute or the real allegation of the complaint is not able to adjudicate by this District Forum in summary procedure. The Complainant, if feel aggrieved may bring a suit for damage to the appropriate competent civil court or criminal case against the real wrong-dower with consequential relief of closing the insurance policy and refund of premium amount without deduction of charge of coverage of life risk.
- With the above observation and finding the case is dismissed without any cost. Supply free certified copy of judgment to the parties. Given under hand and seal of this District Forum on this the 3rd day of January 2018.
