Order No.  18  dt.  27/12/2016

       The case of the complainant in brief is that the complainant signed a red carpet scheme for himself and for his wife and paid Rs.10,000/- by cheque of SBI, Batanagar Branch, Maheshtala to o.p. for having an insurance policy under the o.p. The cheque was sent by speed post and the said cheque was returned to the complainant on 19.3.13. On 26.3.13 the complainant applied to CA & FBP, Govt. of West Bengal and hearing was made whereby the representative of o.p. was present. After the meeting the complainant two cheques of Rs.5000/- and Rs.933/- respectively, so he got less payment of Rs.4067/-. The complainant filed this case for refund of the said money along with other reliefs.

            The o.p. contested this case by filing w/v and denied all the material allegations of the complaint.  It was stated that the senior citizen red carpet policy for the period from 31.10.12 to 30.10.13 covering the complainant and his wife for the sum insured of Rs.1 lakh for which a premium of Rs.10,000/- was paid. The complainant took this plea that he did not receive the policy and for that reason by a letter dt.18.1.13 informed the company praying for cancellation of the policy. The said policy was delivered to the agent who handed over the same to the complainant as reported. No signature was obtained from the complainant while handing over the policy to the complainant. Taking advantage of the same the complainant claimed that he has not received the policy. The o.p. stated that the policy was issued in favour of the complainant for the period from 31.10.12 to 30.10.13 and the complainant informed the o.p. for cancellation of the policy on 18.1.13. As per condition 10 of the policy the insured may at any time cancel the policy and in such event company shall allow to refund of the premium at company’s  short period rate only (upto 3 months – ½ of the annual rate premium) provided no claim has occurred upto the date of cancellation. In view of the said fact after considering the said condition of the policy the amount was refunded to the complainant and there was no deficiency in service on the part of o.p. and accordingly o.p. prayed for dismissal of the case.

            The complainant himself contested this case and stated that he paid the amount of Rs.10,000/- and he has not received the policy, subsequently he sent a letter praying for cancellation of the policy. The o.p. paid the amount of Rs.5933/- though he paid Rs.10,000/- and for realization of the amount of Rs.4067/- the complainant filed this case.

            Ld. lawyer for o.p. argued that as per the condition 10 of the policy the amount was deducted and balance amount was sent to the complainant which was received by the complainant. It was further stated by o.p. that the policy was sent to the complainant through an agent, the complainant received the policy but since the agent failed to obtain the signature of the complainant, the complainant by taking advantage of the same claimed that he did not receive the policy and thereby he cancelled the policy. The prayer for cancellation of the policy was made on 18.1.13 and after deducting the necessary charges the amount was returned to the complainant. There was no deficiency in service on the part of o.p. therefore o.p. prayed for dismissal of the case.

            On perusal of the evidence adduced by both the parties it appears that the complainant applied for the policy under the o.p. and he paid Rs.10,000/-. The complainant claimed the he did not receive the policy and for that reason he sent a letter dt 18.1.13 to o.p. i.e. after the lapse of 2 ½ months, for cancellation of the policy. He failed to inform the said fact to o.p. immediately after the payment made by him to o.p. for opening a policy. It is also found from the materials on record that the o.p. claimed that the policy was delivered through agent upon the complainant but no document has been filed by o.p. to that effect. The agent has not come before this Forum to support the contention of o.p. that he received the policy on behalf of the complainant and delivered the same to the complainant. It is also an admitted fact that the complainant wrote a letter to o.p. for cancellation of the policy and after receiving the said letter o.p. handed over the cheque of Rs.5933/- out of the amount paid by the complainant of Rs.10,000/-, thereby the complainant received less amount of Rs.4067/-. Since the o.p. failed to substantiate their claim that the policy was delivered to the complainant and subsequently on cancellation of the policy the period covered towards the insurance of the complainant and his wife was deducted from the amount paid by the complainant cannot be accepted since o.p. failed to prove that the policy was issued in favour of the complainant. In view of the facts and circumstances as stated above we hold that the complainant will be entitled to get relief as prayed for as there is deficiency in service on the part of o.p.

            Hence, ordered,

            That the CC No.616/2013 is allowed on contest with cost against the o.p. The o.p. is directed to pay to the complainant a sum of Rs.4067/- (Rupee four thousand sixty seven) only along with compensation of Rs.1000/- (Rupees one thousand) only for harassment and mental agony and litigation cost of Rs.500/- (Rupees five hundred) only within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.         

            Supply certified copy of this order to the parties free of cost.