BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE (URBAN)

DATED 30^TH DAY OF JULY 2022

ORDER

KUM.RENUKADEVI DESHPANDE, MEMBER

1. This  complaint has been  filed  complainant under section 35 of C.P.Act, 2019(herein after referred as “ACT”) against OPs  with prayer to

1. Direct the opposite parties to pay the claim No.2201002327 insurance claim amount of Rs.1,85,648/- with interest at 21% p.a., from the date of claim application submitted to the OP.
2. To direct the OP to pay compensation of Rs.50,000/- for the mental agony, inconvenience and loss of monetary to the complainant
3. To direct the OPs to pay Rs.50,000/- as cost of the complaint.
4. Such other or direction as this Hon’ble Commission deem fit to pass in the circumstances of the case.

2. The brief facts of the complaint is as follows:

The complainant was working with Rejoice Urban Bites Pvt. Ltd.,(TM).  During the course of employment, he purchased Reliance General Insurance vide Claim No.2201002327 in the year 2019.  He lost his job from 30^th October 2019.  Hence to manage his family needs he made a claim with the OP company on 03.02.2020 with all the relevant documents.  After raising a claim of the insurance its been more than 8 months EMI is around Rs.35,706/- copy of the relieving termination letter is produced herewith. When complainant assert the claim of the said insurance, the OP company were responding to the complainant that the claim has been approved and it is under process and the same will be processed, hence the complainant waited for few more days.  After that also the said claim was not processed and settled, hence the complainant written more than 85 emails and 80 phone calls to the OP, but the OP replying with standard email stating with difference excuses.  Complainant waited further four working days, but the said claim amount was not credited to his account.  Hence the complainant called to the customer care of the OP company, and the executive of the company replied that they have transferred to Aditya Birla Account, which is nowhere related to the company and when the complainant told to the OP executive that who is Aditya Birla, he got a response that by mistake, the respondent – complainant has credited the said claim amount to Aditya Birla account and cashed the complainant to wait for 10 days to process.  The said account to the complainant. After 10 days the same drama continued from OP.  Complainant called the Op customer care and got a reply stating that they have credited to HDFC Bank account, which is again nowhere elated to the complainant.

3.      The complainant is managing his family needs by borrowing the loan and borrowing the money from his friends and relatives since February 2020.  When the complainant was not in a position to borrow money from his friends, he decided to intimate  the OP to get the financial assistance from them.  Further he complainant states that the bank will wait or give options for more than eight months, for their customers to pay the EMI and have been harassed badly in front of his family and kids by the bank agents all these days and complainant fed up with the behavior of the OP with the complainant.  The complainant is suffering from mental agony and depression because of the situation and deficiency in service, the negligence and cheating and unfair trade practices from the OP company.  At last, after reading out the IRDA the OP come forward and settled Rs.1,00,000/- on 16^th September 2020.  After eight months of the claim application, which is gross negligence deceptive service, unfair trade practices, false representation by OP1 and 2.  Hence this complaint.

4.      On receipt of notice, OPs did not appear.  OP1 called out absent. Hence placed exparte.  The complainant did not comply the order passed by this commission dated 16.08.2021, 13.10.2021, 02.12.2021 against the OP2 is dismissed as order not complied, posted for complainant’s evidence.

5.      Complainant has produced documents 1 to 3(including 85 emails).  Posted for arguments with cost.  Complainant and advocate for complainant are absent.  Neither cost paid nor ready with the argument.  Hence posted for orders.  Perused the records.

6.      On the basis of pleading of the complainant the following points arise for our consideration:-

1. Whether the complainant proves deficiency of service on the part of OP, as alleged in the complaint?
2. What relief or order?

7. Our answer to the above points are as under:

Point No.1:- Affirmative in part.

Point no.2:- As per the final order.

REASONS

8.     Point No.1: In this case, as we have stated above, OPs did not appear to contest the claim of the complainant by way of filing the version.  Hence OPs placed exparte.

9.      Under such circumstances, non appearance and non filing of version can be drawn an adverse inference that the OPs have admitted the claim of the complainant.  In the light of the decision reported in 2018(1)CPR, 314(NC) in the case of m/s Singla Builders and Promoters Ltd., -vs- Aman Kumar Gary, wherein it is held that, ‘non filing of written version to complaint before the forum, amounts to admission of the allegations – leveled against them in consumer complaint.’

10.    Complainant filed complaint against the OPs, but did not tendered affidavit evidence against the OPs for proving his (contends) claim, only produced three documents.

11.    In complaint para 7 reads as under;

‘The complainant further submits that after waiting for few days, the said claim was not processed and settled, and the complainant has written more than 85 emails and made more than 80 times phone calls to the respondent, but the respondent was replying with standard email stating with difference excuses and some with the same standard reply.

12.    In complaint para 12 reads as under;

‘The complainant further submits that none of the banks will wait or give option for more than 8 months for their customers to pay the EMI and he have been harassed badly in front of his family and kids by the Bank agents all these days and due this the complainant is going through mental stress and depression because of these situations and deficiency in service the negligence and cheating and unfair trade practices from the respondents company.  In last after reaching out the IRDA the OP came forward and settled on Rs.1,00,000/- on 16^th September 2020 after 8 months of the claim application which is gross negligence. Deceptive services unfair trade practices, false representation by OP No.1 and 2.’

13.    But in prayer column No.2201002327 claim amount of Rs.1,85,648/-, but did not dissclose its claim form or did not produced insurance policy without any document supported for Rs.1,85,648/- claim amount, email correspondences with OP1 since 30^th October 2019, complainant lost his job and sent 85 emails and 80 calls to OPs continuously till 2^nd September 2020, complainant really fed up and frustrated the way the OP company is behaving with customer(complainant) and complainant is struggling for his claim amount since last 8 months, begging the OPs which is not at all acceptable by any customers, complainant has been harassed badly in front of his family and kids, by the bank agents all these days, due to this complainant is going through mental stress and depression because of these situation and deficiency in service, the negligence and cheating and unfair trade practice for the OP company, Therefore complainant is entitled for compensation of Rs.10,000/- and litigation cost of Rs.2,000/-. Accordingly, we answer the point-1 partly in the affirmative.

14.   Point no.2:-.  Accordingly, we proceed to pass the following;

O R D E R

1. The complaint is allowed in part.
2. The OP1 is directed to pay compensation of Rs.10,000/- with cost of Rs.2,000/- to the complainant.
3. The OP1 shall comply this order within 30 days.
4. Furnish the copy of this order to both the parties and return extra copies of pleadings and documents.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 30^th day of July, 2022)

Documents produced by the Complainant-P.W.1 are as follows:  NIL

Documents produced by the representative of opposite party – R.W.1 : Nil

HAV*