Delhi

North East

CC/128/2021

Sh. Surender Kumar - Complainant(s)

Versus

Reliance Life Insurance - Opp.Party(s)

01 Mar 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 128/21

 

 

 

In the matter of:

 

 

	Sh. Surender Kumar S/o Sh. Dhanpal singh R/o H. No. 1286, Gautam Marg, Johripur, Delhi-110094	Complainant
	Versus
	Reliance Life Insurance Ekta House, 1/678 Qabool Nagar, G.T. Nagar, Shahdara Delhi-110032 (A company registered under the India Companies Act) Through its Branch Manager   Also at:-   Registered Office At H-Block 1st Floor Dhirubhai Knowledge City, Navi Mumbai, Maharashtra 400710	Opposite Party

 

DATE OF INSTITUTION:  JUDGMENT RESERVED ON:  DATE OF ORDER:

20.09.21 30.01.23 01.03.23

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

ORDER

      Anil Kumar Bamba, Member

The Complainant has filed the present complaint under Section 35 of the Consumer protection Act, 2019.

Case of the Complainant

1. The case of the Complainant as revealed from the record is that the Complainant purchased insurance policy from Opposite Party vide policy/application no. 12103682 client Id 04501828 dated 17.06.08 for a premium of Rs. 10,000/- for policy term of 28 years. The Complainant submitted that he deposited the premium of Rs. 10,000/- each on three different dates on 16.06.08, 20.06.09 and 28.06.10 respectively by cash total Rs. 30,000/- and Opposite Party issued a receipt for the same in favour of Complainant. It was further stated that the Complainant was not able to continue his policy and requested Opposite Party to refund his amount of Rs. 30,000/-. The Opposite Party gave assurance to Complainant that the amount will directly be credited in his bank account but Complainant did not receive money from Opposite Party than he sent a letter to Branch Manager of Opposite Party on 13.06.19 regarding the same. On 22.01.20 Complainant received the reply from Opposite Party in which it is stated that Complainant received a sum of Rs. 22,771.56/- through cheque of Bank of Baroda having cheque clearance dated 27.01.15. On 04.01.21 Complainant also sent a letter to Opposite Party Janakpuri Branch. On 12.01.21 Complainant received letter from Opposite Party Mumbai Corporate Office informed the Complainant for foreclosure of payment of amount Rs. 22,771.56/- through cheque of Bank of Baroda in the name of Complainant and cheque clearance date was 27.01.15. The Complainant stated that he had never received any cheque from Opposite Party since he is not having account in the Bank of Baroda but his account is in the Oriental Bank of Commerce. He also requested the Opposite Party to verify account details of Bank of Baroda in whose account said amount was credited. And the Opposite Party had also not mentioned dispatch report in their letter dated 12.01.21. Hence, this shows deficiency on the part of Opposite Party. Complainant has prayed for Rs. 30,000/- with 24 % annum interest and compensation of Rs. 50,000/-.  
2. None has appeared on behalf of Opposite Party to contest the case despite service of notice on 24.12.21. Therefore, it was proceeded against Ex-parte vide order dated 23.03.22.

Ex-Parte Evidence of the Complainant

3. The Complainant in support of his complaint filed his affidavit wherein he has supported the averments made in the complaint.

Arguments and Conclusion

4. We have heard the Complainant and we have also perused the file. The averments made by the Complainant in the complaint are supported by his affidavit and documents filed by him. The Opposite Party did not appear and did not file any written statement. Therefore, the averments made in the complaint are to be believed.
5. In view of the above discussion, the complaint is allowed. Opposite Party is directed to pay Rs. 22,771.56/- to the Complainant along with interest @ 6 % p.a. from the date of filing the complaint till recovery. Opposite Party is further directed to pay Rs. 8,000/- towards mental harassment and litigation charges to the Complainant along with interest @ 6 % p.a. from the date of this order till recovery.
6. Order announced on 01.03.23.

Copy of this order be given to the parties free of cost.

File be consigned to Record Room.

(Anil Kumar Bamba)           Member

(Surinder Kumar Sharma) President