DATE OF FILING : 12.02.2015.
DATE OF S/R : 23.03.2015.
DATE OF FINAL ORDER : 19.08.2015.
Miss Tapati Khan,
residing at 49, Jgacha, Sealdanga, P.S. Jagacha,
District Howrah,
PIN 711 104.. ………………………………………………..………… COMPLAINANT.
1. Reliance Life Insurance,
office at 4th floor, 38 B, Himalaya House,
J.L. Nehru Road, Kolkata,
PIN 700 071,
West Bengal.
2. Mr. Bidyut Das,
office at Batore More, Howrah 6,
West Bengal. ….……………………………………………OPPOSITE PARTIES.
P R E S E N T
Hon’ble President : Shri B. D. Nanda, M.A. ( double ), L.L.M., WBHJS.
Hon’ble Member : Smt. Jhumki Saha.
Hon’ble Member : Shri A.K. Pathak .
F I N A L O R D E R
- This is an application U/S 12 of the C.P. Act, 1986 filed by the petitioner, Miss Tapati Khan, against the o.ps., Reliance Life Insurance & others, praying for directing the o.ps. to refund of Rs. 6,120/- with interest @ 18% being Rs. 6,120/- per annum till disposal of the case and Rs. 20,000/- as damages for mental agony and harassment.
- The case of the complainant is that the the o.p. no. 1, Reliance Life Insurance, carries on insurance business and the o.p. no. 2 being an agent of the insurance company. The petitioner purchased one insurance policy no. 16438255 on 26.02.2010 for 15 year term and paid Rs. 6,120/- on 02.02.2010 as first premium. After completion of 1st year when the petitioner went to the o.p. no. 1 for payment of the second premium then the o.p. avoided her. Lastly, the o.p. told her that she would get back an amount of Rs. 20,000/- after completion of 3rd year and he did not pay any extra amount as premium as the policy had been changed. On good faith, the petitioner got convinced and stopped payment of premium. After completion of 3rd year on 26.02.2013 when the petitioner approached the o.p. no. 1 for payment of Rs. 20,000/- as settled between them then the o.p. no. 1 denied the same. Being frustrated the petitioner filed this case after sending a letter by registered post on 19.01.2015.
- The o.p. no. 1 appeared in the case and also there was talk of compromise but the same was not fruitful. Lastly the matter is heard ex parte in the absence of the o.ps.
- The only point whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
- In support of her case the petitioner, Miss Tatati Khan, filed affidavit as well as the copy of the demand draft of S.B.I. of Rs. 6,120/- through which she paid the 1st premium and also she filed the receipt of money paid by her and other connected documents which proved the case of the petitioner that she is entitled to get back her money as prayed for. All the oral as well as documentary evidences went unchallenged here and there is nothing to disbelieve them and they proved the case of the petitioner ex parte.
Hence,
O R D E R E D
That the C. C. Case No. 60 of 2015 ( HDF 60 of 2015 ) be and the same is allowed ex parte with costs against the O.P. no. 1 and dismissed against O.P. no. 2 without cost.
The petitioner is entitled to refund Rs. 6,120/- being the premium amount and Rs. 6,120/- being the 18% interest for each year till the date of disposal of the case and the o.p. no. 1, Reliance Life Insurance Company the insurer is to pay the above sum being premium and 1st year interest and pay 18% interest for the rest three years and 5 months within 30 days from the date of this order failing the petitioner would be at liberty to put the final order in execution.
Regarding compensation the petitioner is entitled to Rs. 10,000/- as physical and mental harassment and Rs. 1,000/- as cost of proceeding. If the o.p. no. 1 not comply the order, the whole amount would carry interest @ 9% p.a. till recovery.
Supply the copies of the order to the parties, as per rule.
DICTATED & CORRECTED
BY ME.
( B. D. Nanda )
President, C.D.R.F., Howrah.
