West Bengal

Birbhum

CC/25/2021

Sailen Mondal - Complainant(s)

Versus

SFSL, Suri - Opp.Party(s)

Subrata Mukhapaddhay

11 Jul 2023

ORDER

Smt. Saswati Saha- Member.

            The case has been filed by the complainant Under Section 35 of the Consumer Protection Act, 2019.

            The fact of this case in brief is that, the complainant being a resident under the jurisdiction of this District Commission alleged that he has purchased a policy namely, SHRI LIFE being Policy No. NP141100021494 dated 07/11/2011 from the OP Company having office for providing Financial and Insurance service to its customers under the jurisdiction of this Commission.

            It is stated that the complainant paid the premiums for three years as per terms and condition of the policy and the said policy had a sum assured of Rs. 50,000/-(Fifty thousand only) having maturity date on 07/11/2018.

           

 

 

 

 

 

 

After the date of maturity the complainant went to the office of the OP No. 2 and claimed his maternity amount but at that time the OP Company informed the complainant that the complainant had not paid the premiums of 3^rd year, for the said policy.

            Thereafter the complainant requested the higher authority of the OP Company, several times for his claim of the said policy but all are in vain. The complainant was harassed by the OP Company, repeatedly as the OP Company did not pay any heed to his claim, which amounts to unfair trade practice on the part of the OP members.

            The complainant further stated that he claimed his maturity amount for the policy on 07/11/2018. So, the cause of action of this case arose on that date.

            Hence, the case is filed by the complainant with a prayer for the following reliefs:

1. to pass an order directing the OP members to give the total maturity amount to the complaint along with interest till realization.
2. to pass an order directing the OP members to pay Rs. 1,00000/-(One lack only) for physical and mental harassment caused by the OP members.
3.  any of the relief/reliefs as the Commission think fit and proper.

In view of the above stated facts and circumstances following issues are framed.

Issues

1. Is the case maintainable in the eye of law?
2. Has the complainant any cause of action to file this case?
3. Is the complainant a consumer within the ambit of C.P Act 1986?
4. Is there any deficiency of service on the part of the OP members?
5. Is the complainant entitled to get the relief as prayed for?
6. To what other relief or reliefs is the complainant entitled to get?

Decision with reason.

All these issues are taken up together for convenience of discussions and to avoid unnecessary repetitions.

It is the claim of the complainant that he purchased a policy namely SHRI LIFE from OP No. 1 and thereafter the complainant also paid three premiums out of total six premiums.

But after the maturity, the OP members did not pay the claimant, of the complainants mentioned in the policy conditions and privileges, (point No. 5) of the OP Company stated as “ if at least 3 years

 

 

 

 

 

premiums have been paid and three years have elapsed from the date of commencement of the policy and subsequent premiums be not paid, the policy shall not be wholly void, by the sum assured shall be reduced to such a sum equal to the ratio of amount premiums paid, to the amount of premiums payable, applied to the original sum assured and the policy  is said to be in a paid up condition. However, such paid up policy shall not participate in future profits but existing vested bonuses, will remain attached to the paid up policy. The paid up value shall be paid at the end of the policy term or a death, if earlier”.

The complainant gave evidence in support of this case as P.W. 1.

The case was run exparte against the OP No. 2 and 4 by the order No. 12 dated 22/09/2022 and against the OP No. 1 and 3 by vide order No 14 dated 27/12/2022. From the unchallenged evidence of P.W. 1 it is proved that the complainant purchased the policy, namely SHRI LIFE from the OP Company and paid three premiums amounting Rs. 8,025.00 on 07/11/2011, 27/12/2012 and 28/11/2013 for three years, each.

After the date of maternity, that is on 07/11/2018 the complainant claimed against his maturity amount to the OP Company and the OP Company did not pay the amount as per their policy condition and privileges No. 5 to the complainant and the OP No. 2 misbehaved with him which caused harassments  and mental agony to the complainant.

This Commission is not finding any reason to disbelieve the unchallenged testimony of the complainant.

Hence, in view of this Commission the complainant could be able to prove his case beyond reasonable doubt in exparte and is entitled to get the relief in exparte and is entitled to get the relief as prayed for.

            The case is properly stamped.

Hence, it is

                    O R D E R E D,

   that the instant C.C. Case No. 25/2021 be and same is allowed exparte

against the  OP members with costs.

            The OP members are directed to pay jointly or severally a sum of Rs. 24,075/- (Twenty four thousand seventy five only) along with interest @ 9% p.a. calculating on and from 08/03/2021 to the realization to the complainant.

The OP members are directed to pay jointly or severally a sum of Rs. 6,000/- (Six thousand only) to the complainant as compensation as against harassment and mental agony to the complainant.

 

 

 

 

 

 

The OP members are also directed to pay a sum of Rs. 4000/-(Four thousand only) to Consumer Legal Aid Account, DCDRC, Birbhum, Account No. 34041754378, IFSC Code. SBIN0000191, State Bank of India, Suri Branch.

The entire decree will be complied by the OP members within 45 (Forty five) days form this date of order, in default the complainant is at liberty to put this order in execution in accordance with law.

The instant case is thus disposed of.

Let a copy of this order be given/handed over to the parties to this case free of cost.