DATE OF FILING : 25-09-2013. DATE OF S/R : 25-10-2013. DATE OF FINAL ORDER : 28-03-2014. Smt. Supriti Ash W/O Manabendra Nath Ash Vill Gujarpur P.O. Gujarpur Saltighat P.S. Amta, Near Kali Mandir Howrah , West Bengal, PIN -711 401.-------------------------------------------------- COMPLAINANT. - Versus - 1) TATA AIA Life Insurance Co. Ltd., 1st Floor, 36 Dr. Abani Dutta Road Salkia Howrah – 711 106. 2) U.B.I. Amta Branch, District – Howrah, Pin 711 401.----------------------------------------------------------OPPOSITE PARTIES. P R E S E N T President : Shri T.K. Bhattacharya, M.A. LL.B. WBHJS. Member : Shri P.K. Chatterjee. Member : Smt. Jhumki Saha. F I N A L O R D E R 1. The complainant namely Smt. Supriti Ash by filling a petition U/S 12 of the C .P. Act, 1986 ( as amended upto date ) as prayed for direction to be given upon the o.p. no. 1 i.e,, Tata AIA Life Insurance Company Ltd. To refund an amount of Rs. 75,000/- being the annual premium paid for the year 2010,2011, 2012 together with compensation of Rs. 1,00,000/- for mental pain and agony along with other relief/s as she entitled to. 2. The brief facts of the complainant is that the complainant purchased a policy from Tata AIA Insurance company Ltd. vide policy no. U165589932 with an annual premium of Rs. 25,000/- for which she paid first and second installment for the year 2010and2011 and subsequently paid the 3rd installment for the year 2012 vide DD no. 328336 drawn through UBI Amta Branch on 22-11-2012. In spite of payment of 3rd premium she was not favoured for awarding a premium receipt from the Tata AIA which she got into touch with the authority concerned but no fruitful result were achieved. Being aggrieved the complainant filed this instant case with the aforesaid prayer. Hence the complaint. 3. O.P. no. 1 i.e., Tata AIA in his written version contending interalia admitted the facts that the complaint paid the first ( initial ) and 2nd premium at the rate of Rs. 25,000/- per premium for the year 2010 and 2011 but the 3rd premium which was due on 26-11-2012 was not received by this answering o.ps. which is duly been informed to the complainant vide his letter dated 09-01-2013 and this answering O.P. no. 1 further called upon the complainant to clear the said premium to avoid discontinuation of the policy. This answering O.P. no. 1 further opined that attempts for set right the matter was done in the O.P. n. 2 ( UBI Amta Branch ) through different occasions but failed to settle the matter with denial and disputed the acceptance of so called DD no. 338336 of Rs. 25,000/- from the UBI as per record for which prayed for dismissal this particular complaint. 4. The O.P. no. 2 ( UBI Amta Branch ) vide his written version stated that the DD no. 338336 for Rs. 25,000/- which was issued from Amta Branch, Howrah, on 22-11-2012 was encashed by the O.P. no. 1 ( herein TATA AIA ) on 17-12-2012 5. Upon pleadings of both parties two points arose for determination : i) Is there any deficiency in service and unfair trade practice on the part of the O.P. no. 1 ? ii) Whether the complainant is entitled to get any relief as prayed for ? DECISION WITH REASONS : 6. Both the points are taken up together for consideration. By paying the required amount of installments complainant becomes a consumer of O.P. no. 1. We have carefully gone through the written version of O.P. nos. 1 & 2 and noted the contents therein. 7. It is admitted facts that the complainant purchased an insurance policy from the o.p. no. 1 for annual premium of Rs. 25,000/- and paid / admitted facts for payment of 1st and 2nd installments for the years 2010 and 2011. 8. The point of dispute is for payment of 3rd installment for the year 2012 which as it stated by the complainant that she already paid the 3rd installments amounting to Rs. 25,000/- vide DD No. 338336 dated 22-11-2012 through UBI Amta Branch. 9. The O.P. no. 1 denied and disputed that the DD dated 22-11-2012 being no. 328336 was received from the complainant against the 3rd premium in respect of the policy. On the contrary the O.P. no. 2 vide his letter dated 17-06-2012 duly received by O.P. no. 1 on 24-06-2012 stated that the DD no. 338336 was drawn by Tata AIA Life Insurance Co. Ltd. 10. From the above it is seen in this particular case the O.P. n. 1 by adopting such unfair trade practice has been creating mental and physical agony to the complainant who has become a victim of circumstances and by such unfair trade practice, denied and disputed the acceptance of the said DD being no. 338336 dated 22-11-2012 amounting to Rs. 25,000/- being the payment of 3rd installment. Accordingly we accepted the claim of the complainant as justified one, being a legitimate claim. People purchase policy to cover unforeseen risk and at the time of payment of installment premium O.P. is taking all false plea which should not be allowed. Accordingly we find, by denying / disputing the acceptance of DD no. 338336 dated 22-11-2012 amounting to Rs. 25,000/-, O.P. no. 1 has adopted unfair trade practice. Such action of the O.P. no. 1 is arbitrary, whimsical. 11. Accordingly we hold our considered opinion that the O.P. no. 1 be deficient in service and also adopted unfair trade practice and the complainant is entitled to get the relief. The points are accordingly disposed of. Hence, O R D E R E D That the C. C. Case No. 338 of 2013 ( HDF 338 of 2013 ) be allowed on contest with costs against the O.P. no. 1 and dismissed without cost against o.p. no. 2. That the O.P. no. 1 is directed to refund the entire amount of three number of premiums paid @ Rs. 25,000/- each of totaling Rs. 75,000/- in favour of the complainant and to pay compensation of Rs. 10,000/- for causing mental pain and agony together with 1,000/- as litigation costs within 30 days from the date of this order i.d., it shall carry an interest @ 9% p.a. till actual payment. The complainant is at liberty to put the decree into execution after expiry of the appeal period. Supply the copies of the order to the parties, as per rule. DICTATED & CORRECTED BY ME. ( P. K. Chatterjee ) Member, C.D.R.F., Howrah. | 
