BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

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Surinder Kaur w/o Pritam Singh r/o village Jihurherhi, P.O. Bhabat, Distt. Mohali.

….…Complainant

V E R S U S

The Branch Head, Aviva Life Insurance Co. Ltd., SCO No.181-182, Sector 9, Chandigarh.

                                   ..…Opposite Party

CORAM:        SH.RAJINDER SINGH GILL, PRESIDING MEMBER

              MRS. MADHU MUTNEJA, MEMBER

Argued by: Sh. Gurvinder Singh, Adv. for Ms. Adarshpal Kaur, Adv. for complainant.

OPs exparte.                      

PER MRS. MADHU MUTNEJA, MEMBER

             The instant complaint has been filed by Surinder Kaur, complainant under Section 12 of the Consumer Protection Act. 

2.        Briefly stated, the complainant had got a policy for Rs.50,000/- issued from the OP. As per the terms and conditions of the policy, the refund could be claimed within a free look period of 15 days.  The complainant made a request to the OP to refund the  amount within the free look period and returned the original policy to them.  After several requests the complainant received a letter dated 20.12.2008 from the OP intimating that cheque No.493613 for Rs.49,950/- drawn on Axis Bank had been issued in her favour by the OP.  The complainant has alleged that the cheque was actually never received by her. 

              The complainant represented this fact before the OP who informed her by their letter dated 17.3.2009 that the cheque had been dispatched to her on 26.9.2008 through speed post and as per their record the same has been encashed in account No.0090G64036-001 of Axis Bank in the joint name of Surinder/kesar. The complainant had not received the amount.

              The complainant then represented to the OP through legal notice dated 12.5.2009 that she did not have any joint account No. in the Axis Bank as stated by the OP and as such the amount refunded had not been received by her.  She requested the OP to refund the amount but the same has not yet been refunded to her.  Hence she has filed the instant complaint praying for refund of the amount alongwith interest and compensation.

3.        Initially Sh. Sandeep Suri, Advocate appeared on behalf of the OP and the case was fixed for their reply and evidence. However, subsequently neither the reply and evidence was filed nor anybody appeared on their behalf, hence they were proceeded against exparte.
4.        The complainant led evidence in support of her contentions.
5.        We have heard the ld. counsel for the complainant and have also perused the evidence placed on record. 
6.        It is clear from the letters dated 20.12.2008 and 17.3.2009 (Ex.C2 & Ex.C4)  that the OP sent cheque to the complainant through Axis Bank. The complainant has alleged that she does not have any account in the said bank. 
7.        At the time of arguments the ld. counsel for the complainant has submitted that they had even approached the Axis Bank to find out if the said amount had been received by the bank; and if yes, who had been the recipient as the complainant had not received the amount. The Axis Bank, however, refused to divulge any information to the complainant  stating that the information with regard to their customers could not be given to a third party. 
8.        In view of above it is obvious that the complainant has not received the cheque amount sent to her by Axis Bank and the OP have not come forward in response to the notice issued by this Forum to prove that the cheque amount in question has been credited to the account of the complainant. It seems that they are well aware that the complainant has not received the amount and the amount had been encashed by a third party.
9.        In view of the above discussion we allow this complaint in favour of the complainant and direct the OP to refund the amount of Rs.50,000/- to the complainant alongwith interest @ 12% per annum w.e.f. the date of request for cancellation of the policy till payment.  The OP shall also pay to the complainant Rs.10,000/- as compensation for mental and physical harassment and costs of litigation.

              This order be complied within thirty days from the date of receipt of its certified copy, which be sent to the parties free of charge.  After compliance file be consigned.