Himachal Pradesh

Shimla

308/2012

Jai Sen Chauhan - Complainant(s)

Versus

Reliance Life Ins. - Opp.Party(s)

In Person

04 Mar 2015

ORDER

District Consumer Disputes Redressal Forum
Shimla H.P.
 
Complaint Case No. 308/2012
 
1. Jai Sen Chauhan
S/o Late Sh. Shama Nand R/o H.No. 50, Housing Board Colony Sanjauli Shimla 171006
 
BEFORE: 
 HON'BLE MRS. Yogita Dutta PRESIDING MEMBER
 HON'BLE MR. Subneet Singh Chauhan Member
 
For the Complainant:
For the Opp. Party:
ORDER

BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SHIMLA (H.P.)
Complaint No: 308/2012
Presented On: 18.10.2012
Decided On: 04.03.2015
Sh. Jai Sen Chauhan S/o Late Sh. Shama Nand,
R/o House No. 50, Housing Board Colony,
Sanjauli, Shimla (H.P)-171006.
….Complainant
Versus
Reliance Life Insurance Co. Ltd.,
A/8 Sector 1, Millenium Business Park,
Mahape, Navi Mumbai-400705.
Through Sh. Hareesh Kumar,
Customer Care Executive,
Reliance Life Insurance Co. Ltd.,
2nd Floor, Rain Basera Building Khalini,
Shimla-171002.
.…Opposite party
_______________________________________________________
Coram:
Sh. K.S.Chandel, President
Smt. Yogita Dutta, Member
Sh. Subneet Singh Chauhan, Member.
For the Complainant: Sh. Jai Sen Chauhan complainant in person
For the Opposite party: Sh. Amit Kanwar, Adv. for the OP.
O R D E R:
K.S.Chandel (District Judge) President
This complaint u/s 12 of the Consumer Protection Act, 1986
has been filed by the complainant Sh. Jai Sen Chauhan against Reliance
Life Insurance Co. Ltd., through Sh. Hareesh Kumar, Customer Care
Executive claiming deficiency in service as well as unfair trade practice by
the OP. The complainant has claimed that on 30.3.2009 he applied for the
Reliance Life Insurance Policy and submitted a cheque of Rs.10,000/-
Annexure-I which was accepted by the OP as the cheque was withdrawn
vide Annexures-II and III. The complainant has further claimed that the OP
has sought medical certificate which was not disclosed by the agent of the
OP and thereafter the complainant has sought refund of his amount of
Rs.10,000/-, but the OP has failed to refund the money despite
communication Annexure-IV,V and VI. Therefore, the complainant has
claimed deficiency in service as well as unfair trade practice as the OP has
failed to refund the amount of Rs10,000/- and has sought direction to the OP


to refund the amount of Rs. 10,000/- alongwith interest including
compensation for harassment or any other relief. The complaint is duly
supported with an affidavit of the complainant.
2. The OP in his reply has taken preliminary objections for
maintainability as well as that there is no privity of contract between the
parties and the complainant is not a consumer as the complainant had
purchased the vehicle for commercial purpose. On merits, the OP has
denied any deficiency in service as well as unfair trade practice as the
complainant has not complied with the terms and conditions of the policy.
The OP has claimed that as the mandatory requirements of the policy was
not complied and the policy was cancelled and the draft for refund of
amount of Rs.10,000/- was prepared and immediately sent to the complainant
on his given address, but the same could not be delivered and was received
back as unclaimed. The OP has further claimed that the complainant was
asked to provide an identity proof and a cancelled cheque so that the money
could be refunded to the complainant, but the complainant has failed to
submit the same and the OP has sought dismissal of the complaint.
3. We have heard the complainant as well as ld. counsel for the
OP and gone through the record of the case file carefully.
4. The OP has not disputed the amount Rs.10,000/- paid by the
complainant for Life Insurance Policy as the same was claimed to be cancelled
by the OP on failure to comply with the mandatory requirements and
thereafter, the draft of amount of Rs.10,000/-was prepared and sent to the
complainant on his given address, but the same could not be delivered.
Therefore, it is established and admitted fact by pleading of the parties that the
amount of Rs.10,000/-has not been refunded by the OP though the OP has
claimed that the draft could not be delivered and thereafter the identity proof
and cancelled cheque was sought from the complainant by the OP as there is
contradiction to the claim of the OP as in the preliminary objection, the draft
has been claimed to be prepared and sent to the complainant address whereas
in the reply on merit in para nos. 3 and 4, the OP has sought cancelled cheque
from the complainant including identity proof. Therefore, adverse inference is
to be drawn against the OP. The OP has also taken preliminary objections that
the complainant is not a consumer as the complainant has purchased the
vehicle for the commercial purpose whereas in the present complaint the
controversy involved to the personal insurance policy and not to the vehicle.


Therefore, in view of these facts when the OP cancelled the policy of the
complainant and further claimed that the draft of the amount of Rs.10,000/- was
prepared and sent on the given address, but the same could not be delivered
and as such it amounts to deficiency in service as well unfair trade practice by
the OP since Rs.10,000/- of the complainant has been retained by the OP.
Therefore, the present complaint is allowed and the OP is directed to refund
Rs.10,000/- to the complainant alongwith interest @ 9% per annum from the
date of filing of complaint i.e 18.10.2012 till realization. The OP is further
directed to pay compensation of Rs.5,000/- for harassment including litigation
expenses. The OP is directed to pay this amount within a period of 45 days
from the date of receipt of copy of this order.
Copy of this order be supplied to the parties free of cost as per
rules. File after due completion, be consigned to record room.
Announced on this the 4th day of March, 2015.
(K.S.Chandel)
President
(Yogita Dutta) (Subneet S.Chauhan)
/ss/ Member Member








 
 
[HON'BLE MRS. Yogita Dutta]
PRESIDING MEMBER
 
[HON'BLE MR. Subneet Singh Chauhan]
Member

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