Order dictated by:

Mr.Anoop Sharma, Presiding Member

1.       Sh.Kuljit Kumar  has brought the instant complaint under the Consumer Protection Act,  on the allegations that  he applied the insurance policies with the Opposite Party by depositing Rs.20,000/- and Rs.25,000/- respectively, hence the complainant is a consumer as provided under the Act and is competent to invoke the jurisdiction of this Forum. The complainant was approached by Opposite Party to get the insurance cover from them and the complainant coming in their sweet words deposited the sum of Rs.20,000/- and Rs.25,000/- respectively with the Opposite Party on 28.5.2013 and 30.04.2013 and the complainant thereafter making several futile visits to the Opposite Party to issue the policy documents tot eh complainant, but to no effect. The complainant fed up with the poor service of the Opposite Party has requested the Opposite Party verbally in their office to either issue the policy document or in the alternative refund the deposited amount with interest till date, but the Opposite Party till filing of the present complaint has not refunded the deposited amount nor issued the policy. The aforesaid acts of the Opposite Party in not refunding the deposited amount or issuing the policy is an act of deficiency in services, mal practice, unfair trade practice and   has caused lot of mental agony, harassment, inconvenience besides financial loss to the complainant. Vide this complaint, the complainant has sought the following reliefs:-

a)       Opposite Party be directed to refund the amount of Rs.20,000/- and Rs.25,000/- alongwith interest @ 12% per annum from the date of deposit till realization.

b)      Opposite Party be directed to pay compensation of Rs.50000/- to the complainant.

c)       Opposite Party be directed to pay the adequate cost of the litigation.

d)      Any other consequential relief to which the complainant is entitled to under the law, equity, justice and fairplay be also awarded.

Hence the present complaint.    

2.       Upon notice, none appeared on behalf of the Opposite Party, hence  Opposite Parties were also proceeded against exparte vide order dated 30.05.2017 of this Forum.   

3.       Complainant tendered into evidence his affidavit Ex.C1 alongwith copy of account statement  Ex.C2 and closed the exparte evidence on behalf of the complainant.

4.       We have carefully gone through the pleadings of the complainant; arguments advanced by the ld.counsel for the complainant and have appreciated the evidence produced on record by the complainant with the valuable assistance of the ld.counsel for the complainant.

5.       From the record i.e. pleadings of the parties and averments of the complaint and evidence produced on record by the complainant, it stands fully proved on record that  the  complainant has applied the insurance policies with the Opposite Party by depositing Rs.20,000/- and Rs.25,000/- respectively, hence the complainant is a consumer as provided under the Act and is competent to invoke the jurisdiction of this Forum. The complainant was approached by Opposite Party to get the insurance cover from them and the complainant coming in their sweet words deposited the sum of Rs.20,000/- and Rs.25,000/- respectively with the Opposite Party on 28.5.2013 and 30.04.2013 and the complainant thereafter making several futile visits to the Opposite Party to issue the policy documents tot eh complainant, but to no effect. The complainant fed up with the poor service of the Opposite Party has requested the Opposite Party verbally in their office to either issue the policy document or in the alternative refund the deposited amount with interest till date, but the Opposite Party till filing of the present complaint has not refunded the deposited amount nor issued the policy. The complainant proved all these averments through his affidavit Ex.C1  and also proved on record the copy of statement  vide which the amount of Rs.20,000/- and Rs.25,000/- has been withdrawn from the account of the complainant  and transferred to the account of Opposite Party.    The evidence produced on record  by the complainant remained unrebutted and unchallenged  as none appeared on behalf of  Opposite Party to defend its case despite sufficient opportunities provided to them nor  dared to file an affidavit to rebut the case of the complainant.

6.       So, from the entire unrebutted evidence produced by the complainant on record, it stands fully proved on record that there is certainly deficiency in service and unfair trade practice on the part of the Opposite Party and in these circumstances,  we direct the Opposite Party   to  refund the amount of Rs.20,000/- and Rs.25,000/- alongwith interest @ 6% per annum from the date of deposit till realization, within 30 days from the date of receipt of copy of this order. Opposite Party is also   directed to pay Rs.3,000/- to the complainant as  litigation expenses.   Copies of the orders be furnished to the parties free of cost. File is ordered to be consigned to the record room.

Announced in Open Forum.