DATE OF FILING : 17-09-2013.
DATE OF S/R : 12-11-2013.
DATE OF FINAL ORDER : 08-09-2014.
Dr. Subrata Kumr Pal,
son of late Sadhan Chandra Pal,
residing at Pakurtala Andul Road, Duilya, P.S. Sankrail,
District – Howrah,
PIN – 711302. ------------------------------------------------------------------- COMPLAINANT.
- Versus -
1. The Branch Manager,
AVIVA Life Insurance Company India Limited,
having its branch office 5, M.G. Road, 1st floor HMC Stadium Complex,
Howrah Maidan,
Howrah – 711101.
2. The Manager,
AVIVA Life Insurance Company India Limited,
having its corporate office at
125/1, Park Street, Kolkata – 700 017.
3. The General Manager,
AVIVA Life Insurance Company India Limited,
having its registered office
at 2nd floor, Prakash Deep Building,7, Tolstoy Marg,
New Delhi – 110 001. --------------------------------------------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 instant case was filed by complainant U/S 12 of the C.P. Act, 1986 wherein the complainant has prayed for direction upon the o.ps. to refund Rs. 77,124/- against the policy as described in schedule ‘A’ and to pay compensation to the tune of Rs. 10 lakhs together with litigation costs for practising unfair trade practice in making the policy being no. WLG 1381044 in the year 2006 and for compelling to make other two policies being nos. APB 0027006 and APB 0026966.
2. The o.ps. in their written version stated that the complaint is filed only to harass the o.ps. and that he willfully decided to surrender his first policy and as such no question of unfair trade practice does arise.
3. Upon pleadings of parties two points arose for determination :
i) Is there any deficiency in service on the part of the O.Ps. ?
ii) Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
4. Both the points are taken up together for consideration. Admittedly the complainant purchased a policy in the year 2006 vide no. WLG 1381044 with the annual premium of Rs. 30,000/- through agent of o.p. no. 1 to be paid for consecutive three years. Subsequently he came to learn that it was a long life policy and he was required to pay premium for long 30 years. Thereafter he was compelled to switch over to another policy and was required to pay a single premium of Rs. 1,01,546/- which would be refunded to him by E.C.S. the amount was split into two policies, premium being Rs. 50,773/- each. The complainant got the refund of Rs. 1,02,876/- by NEFT on 24-01-2012 out of total premium already paid being Rs. 1,80,000/-. But the complainant was unwilling to such arrangement and demanded full refund i.e,. Rs. 77,124/- more lying in the custody of the o.p.
As the o.ps. in spite of filing evasive written version did not ultimately appeared in the Forum we have no other alternative than to pass the decree. Both the points are accordingly disposed of.
Hence,
O R D E R E D
That the C. C. Case No. 322 of 2013 ( HDF 322 of 2013 ) be and the same is allowed on contest with costs against the O.Ps.
The O.Ps. be directed to refund the balance amount of Rs. 77,124/- to the complainant within 30 days from the date of this order failing the amount shall carry interest @ of Rs. 10% p.a. till full satisfaction.
The o.ps. do further pay a sum of Rs. 50,000/- to the complainant as compensation for causing mental pain and prolonged harassment and Rs. 5,000/- as litigation costs.
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.
( T.K. Bhattacharya )
President, C.D.R.F., Howrah.
