DIST. CONSUMER DISPUTES REDRESAL FORUM
NORTH 24 Pgs., BARASAT.
C. C. CASE NO. 129/2015
Date of Filing: Date of Admission Date of Disposal:
18.02.2015 02.03.2015 09.07.2015
PETITIONER = Vs. = O.Ps.
1.Bimal Chandra Adhikari, TATA AIG/ TATA AIA LIFE
S/o. Late Barada Kanta Adhikary, INSURANCE COMPANY LTD
284/3, Ratneswar Ghat Road, S. N. Banerjee Road,
P.O. Garulia, 1st floor Mall,
P.S. Noapara, 4/2, Barrackpore Chiriamore,
Dist- North 24 Pgs, Kolkata-700122.
Pin- 743133.
2.Swapna Adhikari,
D/o. Bimal Chandra Adhikary,
284/3, Ratneswar Ghat Road,
P.O. Garulia,
P.S. Noapara,
Dist- North 24 Pgs,
Pin-743133.
J U D G E M E N T
Facts of the case, in short, is that the complainants make a policy to name her daughter Swapna Adhikary from Tata AIG Life Invest Assure Care on September, 2008 the policy No. U017252650 the yearly instalment Rs. 20,000/- of the policy. The complainant also make a policy to same name from Tata AIG Life Health Investor on February, 2009, the policy No. 145962841 the yearly instalment Rs. 9,441/- of the policy.
The complainants stated that the complainant assured by Field Sales Officer, Sri Sabyosachi Majumder that if the complainant paid regularly his five premium till five years then he will be more benefitted. And if he will unable to pay his premium then he will get 10per cent interest of total amount of his saving amount.
Dictated and corrected Contd. …. 2/-
C. C. Case No.-129/2015
- :: 2 :: -
The complainants further stated that the complainant agreed the proposal of the F.S.O, Sri Sabyosachi Majumder and make the Tata AIG Life Assure Care on September, 2008 the policy No. U017252650 the yearly instalment of Rs. 20,000/- of the policy. He paid his premium of 2008, 2009 & 2010 total amount of Rs. 60,000/-.
The complainants also stated that the complainant also make a policy to same name from Tata AIG Life Health Investor on February, 2009, the policy No. 145962841 the yearly instalment of Rs. 9,441/- of the policy. This policy assured that they will provide a Health Card to the complainant for free medical treatment in selected nursing home/ hospitals.
The complainants further stated that the policy Tata AIG Life Health Investor on February, 2009, the policy No. 145962841 also assured that if the complainant did not take any medical treatment then he will get his total deposited money. After passing three months the company did not provide Health Card to the complainant.
The complainants also stated that the F.S.O of the company again told the complainant to pay two more premium. If the complainant paid the two premium then the company will provide him the Health Card. The complainant paid the premium of 2010 and 2011. The complainant paid total three premium of Rs. 28,323/-.
The complainants further stated that the complainant appealed before the Assistant Director of C.A & F.B.P, Barrackpore regional office for disposal the dispute and after the Barrackpore Office noticed the complainant and the O.P for hearing the matter and on 07.08.13 one tripartite hearing was held in the Barrackpore office.
The complainant also stated that the acts and activities of the O.P’s are gross negligence and deficiency in service towards the complainants and for the acts aforesaid the complainants are suffering from tremendous mental agony, pain, anxiety and unnecessary harassment. Hence the complaint.
The O.P did not turn up to contest the case.
Point for Decision:-
Whether the complainant is entitled to get any relief as prayed for?
Dictated and corrected Contd. …. 3/-
C. C. Case No.-129/2015
- :: 3 :: -
Decision with Reasons
Complainants submitted the documents in support of their claim. We have perused the documents. O.P did not turn up to controvert those documents. Hence, we are no hesitation to hold that complainants are entitled to get relief as prayed for.
As the O.P did not turn up to controvert those documents, we are of the view that the complainants are entitled to get the relief as prayed for.
Hence
Ordered,
that the complaint be and the same is allowed exparte against the O.P.
The O.P is directed to pay Rs. 68,000/- with 12 per cent p.a. to the complainant within one month from the date of this order.
The O.P is further directed to pay Rs. 5,000/- as compensation and Rs. 2,000/- as litigation cost to the complainant within one month from the date of this order, failing which O.P shall have to pay sum of Rs. 50/- per day from the date of this order till its realization, as punitive damages, which shall be deposited by the O.P in this State Consumer Welfare Fund.
Let copies of the order be supplied to the parties free of cost when applied for.
Member President
Dictated & Corrected by me.
