Haryana

Ambala

CC/120/2015

Naresh Kumar Chopra - Complainant(s)

Versus

Reliance Life Insurance - Opp.Party(s)

In person.

28 Apr 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

 

Complaint Case No.120 of 2015

Date of Institution:   01.05.2015

Date of Decision  :    28.04.2016

 

Naresh Kumar Chopra S/o Sh. Inder Lal Chopra R/o H.No.107, Model Town, Ambala City.

                                                                                                                                                           ……Complainant.

 

                                                                                                           Versus

 

1.         Reliance Life Insurance Company Ltd. Midas Wing, Sahar Plaza, Andheri Kurla Road, Andheri (East) Mumbai-400059.

 

2^nd Address: Reliance Life Insurance Company Ltd. H.No.88, Prem Nagar, Ambala City through its Manager.

 

…..Opposite Parties.

Complaint Under Section 12 of the Consumer Protection Act

CORAM:        SH. A.K. SARDANA, PRESIDENT.

                        SH. PUSHPENDER KUMAR, MEMBER.

Present:          Complainant in person.

                        OPs exparte.

ORDER:

1.                     Present complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter in short called as the ‘Act’) has been filed by the complainant alleging therein that complainant purchased a policy no. 14979335 from OP  during July 2009 with annual premium of Rs.10,000/- and paid Rs.5000/- as first half yearly installment. It has been further contended by the complainant that on receiving the policy documents, he was shocked to see that the photocopy of the original document attached with the policy were not the same as original signed by the complainant. So, the complainant sent a letter to OP on 12.01.2010 in this regard whereby OP explained that concerned representative of the said company who sold the policy to him is no longer working with the opposite party. Complainant not being satisfied with the reply of OP, again sent a letter dated 12.08.2010 but no reply received from the OP rather after 4 years, he received a cheque of Rs.1664.72 Ps. dated 19.12.2014 as foreclosure pay out of the said policy which he returned to the OP and requested the company to take necessary action against the erring officials but  the complainant again received a cheque amounting to Rs.1664.72Ps dated 27.03.2015 which was not encashed by him. Thus the complainant has prayed that there is a deficiency in service, negligence & carelessness on the part of Op and sought relief as mentioned in prayer clause of the complaint.

2.                     Upon notice,  OP appeared through counsel and sought a date for filing reply to the complaint but on 15.09.2015 instead of filing reply to the complaint, OP’s representative Sh. Kamal Puri appeared before the Forum and tendered a cheque bearing No.722215 dated 11.09.2015 amounting to Rs.5000/- drawn in favour of complainant to which the complainant received and requested for  further grant of interest & compensation etc. by tendering a statement before the Forum. Thereafter, neither OP’s representative nor their counsel appeared in this case and thus OP was proceeded against exparte vide order dated 21.09.2015.

3.                     To prove his case, complainant tendered in evidence his affidavit as Annexure CX alongwith documents as Annexures C-1 to C-12 and closed the evidence.

4.                     Heard. Record perused. The grievance of the complainant is that he got himself insured with OP insurance company vide policy Annexure C-1 and paid a sum of Rs.5000/-. Complainant has contended that on receiving of the policy document, he was shocked to see that the photocopy of the original document attached with the policy were not the same as original signed by the complainant.  So, he started correspondence with the OP and received a cheque of Rs.1664.72 Ps. dated 19.12.2014 as foreclosure pay out of the said policy but he was not satisfied with this refund and returned the same to OP.  However, after sometime, complainant again received a cheque amounting to Rs.1664.72Ps dated 27.03.2015 but as per complainant, he did not encash the same because he intends to be action taken against erring official & refunded of his whole amount of Rs.5000/- alongwith interest & penalty etc.  We have gone through the document letter dated 19.03.2010 (Annexure C-6) written by OP to the complainant  wherein it has been mentioned that “we regret the inconvenience caused to you due to the dis-satisfactory experience you have had with our sales representative. We would like to thank your for bringing your concerns to our attention, as this provides us an opportunity to review our processes, improve them, and to design them, in order to ensure maximum customer satisfaction”.

 5.                    In view of the above discussed facts and going through document Annexure C-6, it is admitted case of the OP that there is lapse on their part in providing proper services to the complainant. As such, we hold that OP is deficient & negligent in providing proper services to the complainant.  However, during the proceedings of the case, OP has returned the amount of Rs.5000/- to complainant which they have received as first half yearly installment of the policy and thus OP has retuned the Principal amount admitting fault on their part.  So, in these circumstances, we are of the view that  ends of justice would meet, if a sum of Rs.5000/- is awarded to complainant as compensation. Accordingly, complaint is accepted and Op is  directed to comply with the following directions within thirty days from the communication of this order:-

            To pay a sum of Rs.5,000/- to the complainant in lump sum as compensation on account of causing mental harassment as well as costs of litigation etc.

                        Further the award in question/direction issued above must be complied with by the OP  within the stipulated period failing which the awarded amount  shall further attract simple interest @ 12% per annum for the period of default. Copies of this order be sent to the parties concerned, free of costs. File be consigned to the record room after due compliance. 

 Announced: 28.04.2016                                                    

                                                                                                              Sd/-

                                                                                                     (A.K. SARDANA)

                                                                                                        PRESIDENT

                                                                                                

                                                                                                           Sd/-                                                                                                                                                                                                         (PUSHPENDER KUMAR)

                                                                                                            MEMBER