Tata AIG Life Insurance Company Ltd., Unit-302, Building No.4, Infinity IT Park, Film City Road, Dindosi Malad-East, Mumbai 400097, Tel.No.91-022-67608000Fax.No.91-022-67608001. Tata AIG Life Insurance, Branch Manager, Company Ltd., (Reg.No.110), Block, 2nd Floor, My Home Tycoon Unit-4, Begumpet Main Road, Hyderabad -500 016. 3. R. Uma Maheshwari (Policy Agent)W/o. Venkateswarlu, HWP Colony,Aswapuram, (Nagarjuna C Type)Khammam District.
...........Respondent(s)
BEFORE:
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
BEFORE THE DISTRICT CONSUMERS FORUM AT KHAMMAM Dated this, the 12th day of November, 2010 CORAM: 1. Sri.Vijay Kumar, B.Com.L.L.B., President, 2. Smt.V.Vijaya Rekha, B.Sc. B.L., Member 3. Sri.R.Kiran Kumar, B.Sc., B.L., Member C.C. No.20/2010 Between: Peddireddla Srinivasa Rao, Age:44years, Occu:Government Employee, R/o Quarter No.C-11-2/4, D.No.48, H.W.P. (M) Colony, Aswapuram, Khammam District. Complainant And 1. Tata AIG Life Insurance Company Ltd., Unit-302, Building No.4, Infinity IT Park, Film City Road, Dindosi Malad-East, Mumbai 400097, Tel.No.91-022-67608000, Fax.No.91-022- 67608001. 2. Tata AIG Life Insurance, Branch Manager, Company Ltd., (Reg.No.110), Block, 2nd Floor, My Home Tycoon Unit-4, Begumpet Main Road, Hyderabad 500 016. 3. R.Uma Maheswari (Policy Agent), W/o Venkateswarlu, HWP Colony, Aswapuram, (Nagarjuna C Type) Khammam District. Opposite parties. This C.C. came before us for hearing in the presence of Sri. K. Jagan Mohan Rao, Advocate for complainant, Sri K. Uttam Kumar, Advocate for opposite party No.1; Notice of opposite parties No.2 and 3 served and called absent; upon perusing the material papers on record; upon hearing arguments, and having stood over for consideration, this Forum passed the following:- ORDER (Per Smt.V.Vijaya Rekha, Member) This complaint is filed under section 12(1) of the Consumer Protection Act, 1986. The brief facts of the complaint are that the complainant had obtained TATA AIG Maha Life Insurance Policy from the opposite parties in the month of October, 2004 through the opposite party No.3. The Mode of premium is semi annual, accordingly he paid the premiums without fail since October 2004 through SBH, Aswapuram, Khammam Branch through Savings Account bearing No.52167898280 by way of issuing cheques. On 12-10-2007, the complainant had paid the premium for November 2007 by issuing cheque bearing No.774171 TALIC C.320 444294 to the office of the opposite party No.2 and the amounts were transferred from the SBH Account on 05-11-2007, but did not receive payment receipt to that effect. Therefore the complainant had approached the policy advisor and enquired about the payment receipt, accordingly, the policy advisor issued payment receipt dated 26-11-2007 for the year 2007 and 2008 by mentioning that the total premium amounts were paid for the said period. In spite of that, the opposite party No.2 issued premium due notice for the period of November 2007. Accordingly, the complainant had sent photo copy of pass book entry to the opposite party No.2 through local advisor of opposite parties No.1 & 2. In response to that, the opposite party No.2 making correspondence with the complainant regarding the receipt of premium, which was under enquiry but after completion of 10 days, they wanted to send bank statements of the complainant through drawee bank and as such the complainant had sent the same with required particulars as stated by the opposite party No.2 through a reply, again after 10 days, the opposite parties addressed a letter by stating that the amount was not credited into the account of the opposite parties, after considering the information received from the complainant and also wanted to send if there is any further proofs regarding the payment of premium with the complainant, due to which, the complainant suffered a lot and sustained heavy loss. Therefore, the complainant approached the local Consumer Association and sent a letter to the opposite party No.2, dated 07-01-2010 through the Consumer Association by requesting to settle the matter. In spite of receiving the letter on 13-01-2010, the opposite parties did not respond to redress his grievance, it clearly amounts to deficiency in service and approached the Forum on his grievance to direct the opposite parties to protect his right by praying to pay Rs.3,000/- towards loss of leaves in his profession and Rs.1500/- towards making correspondence with the opposite parties and Rs.50,000/- towards damages. 2. On being received the notice, the opposite party No.1 appeared through its counsel and filed counter by denying the averments as mentioned in the complaint. The opposite parties No.2 & 3 called absent. 3. In the counter, the opposite party No.1 admitted the issuance of policy bearing No. C 320444294 dated 18-10-2004 and also submitted that the said policy was due on 06-04-2009, which was intimated to the complainant through a letter dated 08-03-2009 by requesting to pay an amount of Rs.4,667.19/- towards the policy loan Plus interest and the policy was lapsed due to non receipt of premium amount within grace period, which was also intimated to the complainant. The opposite party requested the complainant to provide the information regarding the payment of premium to whom it was made through the drawee bank or sent a copy of deposit slip to help them for investigating the matter and they also sent a format for getting details of the drawee bank. In response to the said letter the drawee bank sent a certificate by mentioning the information regarding the particulars of savings bank account and cheque, after receiving the same the opposite party No.1 investigated the matter and came to know that they have not received the cheque bearing No. 774171 for an amount of Rs.3788/- and also not received any amounts under D.D. bearing No.178962, with regard to the same, which was also intimated to the complainant vide letter dated 26-11-2009. The opposite party No.1 further submitted that, due to non-receipt of premium amount for the alleged period, the policy is in lapsed condition and as such there is no liability on the part of them and prayed to dismiss the complaint. 4. In support of his averments, the complainant filed his affidavit and written arguments by reiterating the averments as mentioned in the complaint and Exs.A1 to A20 marked on his behalf. 5. Along with the counter, the legal manager of opposite party No.1 filed his affidavit and on behalf of opposite parties Exs.B1 to B9 marked. 6. In view of the above submissions, now the point that arose for consideration is, whether the complainant is entitled to the relief as prayed for? Point: It is the case of the complainant that the opposite parties received the cheque bearing No.77417, dt.12-10-2007 and the same was deducted from the account of the complainant on 5-11-2007 and the agent of the opposite parties issued premium payment certificate, dt.26-11-2007 for the financial year 2007-08 in that regard, which was marked as Ex.A.20 and as per the said payment certificate issued by the authorized signatory of the opposite parties, clearly shows that they received the premium amount for the due period i.e. November, 2007 and as such in view of the above admission it cannot be said that the policy was lapsed due to non payment of premium. Therefore, the point is answered accordingly in favour of the complainant by holding that the policy was not lapsed as alleged by the opposite parties and as the opposite parties caused inconvenience to the complainant on the guise of lapsed policy, the complainant undergone lot of mental agony and sufferance and as such the opposite parties are liable to pay damages and costs of the litigation to the complainant as there is deficiency of service on their part. 7. In the result, the complaint is allowed in part, directing the opposite parties to pay Rs.1000/- towards damages for causing inconvenience and mental agony on the guise of lapsed policy and also directed to pay Rs.500/- towards costs of the litigation. Typed to my dictation, corrected by me and pronounced by us, in this Forum on this 12th day of November, 2010. President Member Member District Consumers Forum, Khammam Appendix of evidence Witnesses examined for complainant: -None- Witnesses examined for opposite parties:-None- Exhibits marked for complainant: Ex.A1:- Premium receipt bearing No. R 6509531 Ex.A2:- Bank Account Sheet for the period 31-08-2004 to 15-12-2004. Ex.A3:- Letter dated 23-02-2010 addressed by the Manager- Grievance Redressal Cell of opposite parties. Ex.A4:- Policy data Ex.A5:- Letter dated 31-03-2009 addressed by the complainant. Ex.A6:- Bank A/c sheet from 16-10-2007 to 28-12-2007 Ex.A7:- Letter dated 26-03-2009 addressed by the Branch Manager, SBH, Aswapuram Branch Ex.A8:- Letter dated 11-05-2009 addressed by the Manager, Custom Services of opposite parties. Ex.A9:- Letter addressed by the complainant to the Manager, Custom Services of opposite parties. Ex.A10:- Letter dated 23-06-2009 addressed by the Asst. Manager Customer Services Ex.A11:- Letter dated 29-07-2009 addressed by the Manager, Customer Services. Ex.A12:-Letter dated 25-08-2009 addressed by the Manager- Grievance Redressal Cell of opposite parties. Ex.A13:- Letter dated 14-10-2009 addressed by the complainant. Ex.A14:- Information of Demand Draft details, issued by the drawee Bank. Ex.A15:- D.D. bearing No.774171 dated 12-10-2007. Ex.A16:- Letter dated 26.11.2009. Ex.A17:- Letter dated 12.12.2009 addressed by the complainant. Ex.A18:- Letter dated 28-12-2009 addressed by the opposite party No.1. Ex.A19:- Representation dated 05-01-2010, made by the Aswapuram Consumers Society. Ex.A20:- Premium Certificate for the financial year 2007 2008. Exhibits marked for opposite parties: Ex.B1:- Proposal form of the policy. Ex.B2:- Policy data, which is already marked as Ex.A4. Ex.B3:- Premium payment notice. Ex.B4:- Letter dated 11-05-2009 addressed by the Manager, Custom Services, which is also marked as Ex.A8. Ex.B5:- Certificate issued by the SBH, Aswapuram Branch, which is already marked as Ex.A14. Ex.B6:- Letter dated 26-03-2009 addressed by the Branch Manager, SBH, Aswapuram Branch, already marked as Ex.A7. Ex.B7:- Letter dated 26-11-2009 addressed by the Manager Grievance Redressal Cell, already marked as Ex.A16.. Ex.B8:- Representation made by the Aswapuram, Consumers Society, already marked as Ex.A19. Ex.B9:-Letter dated 23-02-2010, addressed by the manager Grievance Redressal Cell, already marked as Ex.A3. President Member Member District Consumers Forum, Khammam
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