BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR.

Consumer Complaint No. 534 of 2017

Date of Institution:8.8.2017

Date of Decision: 8.11.2017  

Ravinder Singh S/o S. Gulzar Singh, Aged 32 years, resident of H.No. 16, Shaheed Nagar Chheharta, Amritsar, Punjab M-9317561575

Complainant

Versus

1. Shriram Life Insurance Company Ltd., through its Managing Director/Director/Authorized Person having its registered office at 5^th Floor, Plot No. 31-32, Ramky Selenium, Financial District,  Gachibowli, Hyderabad 500032
2. Shriram Life Insurance  Company Ltd., through its Branch Manager/Authorized Person having its branch at 45, Deep Complex, Sukhmani Building, Opposite HDFC Bank, Court Road, Amritsar, Punjab 143001

Opposite Parties

Complaint under section 11 & 12 of the Consumer Protection Act, 1986 as amended upto date.

Coram:

Mr.Anoop Sharma, Presiding Member      

Ms.Rachna Arora,Member

Order dictated by:

Mr.Anoop Sharma, Presiding Member

1.       Sh. Ravinder Singh, complainant has filed the present complaint under section 11 & 12 of the Consumer Protection  Act 1986  on the allegations that on the persuasion of Sh. Ravdeep Singh, complainant obtained a non ulip life Insurance policy from the opposite parties and paid Rs. 1,05,000/- by cheque on 30.6.2017 for application No. 500117041121. The complainant received policy documents on 25.7.2017 at his residential address. The complainant after going through the terms and conditions of the policy which are different as explained by the sale officer  visited the opposite party No.2 on 28.7.2017 and submitted request of cancellation of policy under freelook cancellation provision. But the opposite party denied the request of the complainant  and told the complainant “kindly get written consent of our sale officer then we will accept your request”. Thereafter complainant has been sending written request of cancellation of policy alongwith original policy documents on 31.7.2017, but to no avail.  Vide instant complaint, complainant has sought for the following reliefs:-

1. Opposite parties be directed to immediately cancel policy and refund Rs. 1,05,000/- alongwith interest @ 12% p.a.  ;
2. Compensation to the tune of Rs. 40000/- alongwith litigation expenses may also be awarded to the complainant.

Hence, this complaint.

2.       Opposite parties made appearance through Adv.Sh. Sumit Sharma but when the opposite parties did not file written version despite availing opportunities to file written version, the right of filing written version stands forfeited.

3.       However, at the stage of evidence Sh. Ravinder Singh, complainant suffered statement that he has received a cheque bearing No. 277013 dated 8.9.2017 for Rs. 1,03,837.65 paise  but he pressed for compensation and litigation expenses. In our considered opinion, complainant  is entitled for compensation as well as litigation expenses because opposite parties made the complainant to file the instant complaint and his grievance has been redressed after filing the complaint in this Forum. When the grievance of the complainant were not met with, he had also suffered mental pain, harassment & inconvenience as well. However, complainant has made a request for grant of compensation to the tune of Rs. 40000/- vide instant complaint which in our opinion appear to be quite exorbitant and  excessive. It is settled principle of law that compensation has to be granted in order to   set off the loss occasioned by the complainant and no exorbitant or excessive compensation is to be granted to enrich a party at the cost of the other . In our considered opinion the grievance of the complainant shall be fully met with if he is granted compensation to the tune of Rs. 1000/-   and we grant the same accordingly. Litigation expenses are assessed at Rs. 500/-. Opposite parties are  directed to make compliance of the order within 30 days of the receipt of copy of this order ; failing which, complainant shall be entitled to get the order executed through the indulgence of this Forum. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.

Announced in Open Forum

Dated: 8.11.2017