Order No.05, Dated: 19.5.2015

Today id fixed for hearing on the point of admission of this case.  The complainant files hazira.  The case is taken up for hearing.  Heard Ld. Advocate ad for the complainant. We carefully perused the documents submitted in connection with this case.

            By filing this case the complainant has prayed for an award directing the O.Ps. to return back the 1^st premium of Rs.20,000/- in connection with policy No.50313451, the 1^st premium of Rs.79,998.11 in connection with policy 5086003,    the first premium of Rs.35,000/ in connection with the policy No.50993153, Rs.1,00,000/- as compensation and Rs.20,000/- as litigation cost stating inter-alia that the complainant being assured by the O.P. No.3, the agent of O.P. No.1 & 2 that complainant would have to pay one time premium and there will be mediclaim facilities of the insured of the 1^st two policies as mentioned above.  Paid Rs.20,000/- as installment for the policy No.50313451 and paid Rs.79,998.11 as fist installment for policy No.5086003 but on receipt of the policy certificates the complainant came to know that the terms of both the policies were 15 years and the mode of premium was yearly basis, then the complainant may protest before the O.P. No.3 but the O.P. No.3 refused the assurance as mentioned above, thereafter, the complainant made with the O.P. No.1 and placed everything before him and also requested him to refund the premium installation amount of Rs.20,000/- and Rs79.998.11.  It has been further stated by the complainant that he will be advised by the Branch Manager to open another policy being No.50993153 by paying premium of Rs.35,048.35 with the hope to get back the total installment of Rs.20,000/- + Rs. 79,998.11 + Rs. 35,048.35 = Rs.1,34,998.11, the last policy was opened in the name of his wife, thereafter the complainant made several correspondences with the O.P. No.1 to get back the total amount of Rs.1,34,998.11.  But the OP Life Insurance Corporation Ltd. did not take any steps to refund said amount though O.P. No.1.   Sudipta Sen handed over a bankers cheque of Rs.35,000/- signed by one Anindita Sarkar, said cheque was deposited in the bank for encashment but the cheque was bounced, being asked the O.P. No.1 assured that he would repaid the cash amount of Rs.35,000/- but ultimately the same was not paid.  It is further claimed that there was/is deficiency in service and unfair trade practice on the part of the O.Ps. 

            From the admission of the complainant it is clear that the O.P. No.1 & 2 issued necessary policy certificates in favour of the complainant.  No prima-facie evidence has been adduced showing the assurance given by the O.P. No.3 and showing that the O.P. No.1 suggested the complainant to open another policy to get back the fist premiums of policy numbers 50313451 and 5086003.  The material on records clearly show that the complainant paid first premiums of three policies knowing that the terms of the policies were for certain years and mode of premium was yearly basis.  As per terms of the policies the policies will appear a surrender value provided the premiums are paid in full for at least first three consecutive years and the surrender will be available after completion of three policy years, the policy will be terminated once it is surrender.   From the materials on record it further appears that the request for cancellation of the policy as mentioned was not made within the stipulated free look period of 15 days from receipt of policy bond. 

            In view of the above discussion it is clear that the complainant has failed to prove the prima-facie case of deficiency in service and unfair trade practice on the part of the O.Ps.  So, the complaint should not be admitted.  Hence, it is

ORDERED

that the complaint case No.109/2015 is not admitted and accordingly it is dismissed.  Let the copy of this order be supplied to the complainant free of cost.

                    (Asoke Kr. Mandal)

             Dictated and corrected by me.                                                          President,       

                                                                                                                        D.C.D.R.F., Burdwan

                    (Asoke Kr. Mandal)

                           President

                   D.C.D.R.F., Burdwan

                                                          (Silpi Majumder)                           (Durga Sankar Das)

               Member                                              Member

                                                       D.C.D.R.F., Burdwan                       D.C.D.R.F., Burdwan