Tripura

West Tripura

CC/14/59

Ms. Bijita Roy - Complainant(s)

Versus

The Birla Sun Life Insurance And Others. - Opp.Party(s)

Mr. R.K. Das, Mr. U. Das

27 Jan 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSSAL FORUM
WEST TRIPURA : AGARTALA

    CASE NO:  CC-  59 of 2014

    Bijita Roy,
     W/o-Narayan Chandra Roy,
     B.K. Road, Banamalipur,
     Agartala, West Tripura.             …...........Complainant.
    
             ______VERSUS______

1. Birla Sun Life Insurance,
Registered Office:
One Indiabulls Center,
Tower 1, 15th & 16th Floor,
Jupiter Mill Compound, 
841, Senapati Bapat Marg,
Elphinstone,
Mumbai- 400 013.

2. Birla Sun Life Insurance,
Agartala Branch,
Hari Ganga Basak Road,
Shingpara, (opp. Sarkar Nursing Home),
Agartala, West Tripura.         …..........Opposite Parties.
            

                    __________PRESENT__________

 SRI A. PAL,
PRESIDENT,
  DISTRICT CONSUMER  DISPUTES REDRESSAL FORUM,
      WEST TRIPURA, AGARTALA. 

SMT. Dr. G. DEBNATH
MEMBER,
  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

SHR. B. BHATTACHARYA,
MEMBER,
  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

 

C O U N S E L

For the Complainant        : Sri Utpal Das and
                      Sri Ranjit Kr. Das,
                       Advocates.
    
For the Opposite Parties        : Niharendu Majumdar,
                       Advocate.    
          

                               
JUDGMENT  DELIVERED  ON: 27 .01.16

J U D G M E N T
          
        One Bijita Roy filed this complaint petition U/S 12 of the Consumer Protection Act,  stating that she had purchased policy on 31.03.13 on payment of Rs.50,000/-  but she did not receive the policy certificate. She waited but the policy certificate was not delivered to her. She approached the O.P. Insurance company but the O.P. stated that the policy repudiated as second premium was not paid. However, she is ready to revive the policy on payment of premium. 

2.        O.P. Birla Sun Life Insurance appeared, filed written statement denying the claim. It is stated that the petitioner can not raise such claim before this Forum. The Policy certificate was sent to the policy holder with welcome letter but it was not delivered. Half yearly premium of Rs.50,000/- was received but next premium was not paid with interest. She was asked to pay Rs.52,277/- but she failed to pay. So, the Insurance policy certificate was canceled and her  next premium was returned. 

3.        On the basis of rival assertion/ denial made by the parties following points cropped up for determination.
        i) Whether the policy certificate was issued and delivered to the petitioner?
        ii) Whether there was deficiency of service by Opposite party Insurance Company?
        
4.        Petitioner produced statement of accounts Exhibit- 1 Series. Copies of 2 letters, Exhibit-2 Series. Produced statement on affidavit of Bijita Roy, petitioner.
        
5.        O.P. on the other hand produced no evidence cross examined the petitioner and argued the case.

6.        Hearing  argument we shall now decide the above issue. 
    
  FINDINGS AND DECISION AND REASONS FOR DECISION ON THE POINTS:
7.        It is admitted and established that the petitioner, Bijita Roy purchased the policy 006042474 on 31.03.13 on payment of Rs.50,000/-. It is also admitted fact that she did not receive the policy certificate. Opposite party Insurance company admitted it. But it is contended that policy certificate was sent to her in time but it was not received due to negligence of the postal department. It was the duty of the Insurance company to arrange the delivery of policy certificate in any way or to take due care of it so that the insured can understand that her policy was opened. The petitioner's husband visited the office of the company but policy was not delivered to him and no information given. As per IRDA regulation 4(6) of IRDA (protection of Policy holders' Interests) Regulations, 2002 that all proposals shall be processed  by the Insurers with speed and efficiency and all the decisions thereof shall be communicated in writing within a reasonable period not exceeding 15 days from the date of receipt of the proposal by the insurer. From  perusal of the proposal form it is found that proposal was initiated on 25.03.13. In the written statement it is stated by the Insurance company that the policy certificate was returned or sent to the complainant through speed post on 03.04.13 but it returned undelivered on 28.04.13. After return admittedly the Insurance company did not take any step. This is definitely deficiency of service to a customer. It was informed on 31.01.14 after 9 months that duplicate policy will be processed  and policy will revived on payment of Rs.52,277/-. They issued the duplicate policy not given the original certificate. This is again deficiency of service by the insurance company. On appreciation of evidence on record we therefore, considered that the insurance company was under liability to issue the certificate first and then claim the premium. It was not done which amounts to deficiency of service. Therefore,  we direct the O.P. Insurance company to issue the policy  certificate immediately and deliver it to the petitioner. Petitioner is to take it from the office of the O.P., Birla Sun Life Insurance company, Agartala  and on receipt of the same she is to pay second  premium. No interest should be taken from  her  by the O.P. Insurance company who was at fault. We also direct the Insurance company to pay compensation of Rs.7,500/- to the petitioner for deficiency of service and cost of litigation and settle the dispute accordingly.  

8.        In view of our above findings this case is  partly allowed. Accordingly, we direct the O.P. Insurance Company  should revive  the policy, issue the policy document and receive the premium amount without interest. We also direct the Insurance company to pay compensation of Rs.7,500/- to the petitioner for deficiency of service along with cost of litigation. Accordingly the case is disposed.

9.               A N N O U N C E D

 

SRI A. PAL
PRESIDENT,
DISTRICT CONSUMER  DISPUTES 
REDRESSAL FORUM,
WEST TRIPURA,  AGARTALA.

 

 
SMT. DR. G. DEBNATH,
MEMBER,
 DISTRICT CONSUMER DISPUTES 
REDRESSAL FORUM, 
  AGARTALA, WEST TRIPURA.    SHRI. B. BHATTACHARYA,
MEMBER,
 DISTRICT CONSUMER DISPUTES 
REDRESSAL FORUM, 
  AGARTALA, WEST TRIPURA.