DIST. CONSUMER  DISPUTES  REDRESAL  COMMISSION

NORTH 24 Pgs., BARASAT.

C.C. case No. 70/2021

 Date of Filing:                     Date of Admission:             Date of Disposal:                

 09.03.2021                             12.03.2021                              20.04.2022

P R E S E N T              :-      Shri Debasis Mukhopadhyay…………President.

                                       :-      Smt. Monisha Shaw …………………. Member.

JUDGMENT / FINAL ORDER

            This is a complaint under Section 35 of the C.P. Act, 2019.

            The complainant stated that they were issued with a Jeevan Sarita (double accident benefit) policy certificate being policy No. 431350374 of sum assured of Rs. 2,25,000/- with date of commencement 28.08.1994 date of maturity 28.08.2019, plan of assurance 117-25 on payment of required premium at the rate of Rs.3,192/- half yearly by the Kharagpur Branch of the O.P. The complainants continued the said policy through Barrackpore Branch office of the O.P. After the date of maturity there was no intimation from the Barrackpore Branch office of the O.P regarding payment of maturity amount to the complainants. The complainants requested the O.Ps through e-mail on 19.06.2020 to redress their complaint and make payment of the maturity value of the policy. Then the Branch Manager of O.P by letter dated 13.07.2020 informed the complainant that due to master error in the schedule policy the option letter could not be sent and on investigation it was found that the policy master has a wrong policy and premium mis-matched with NCO and sum assured under the policy. The complainants were requested to arrange to deposit one year premium ( two half yearly premium of 3,192/- each) so that the master can be corrected and option letter can be generated. The complainants then made payment of Rs. 6,384/- by cash on 15.07.2020 as advised by the O.P. But even after making such payment there was no communication from the end of the O.P regarding the payment of maturity amount of the policy. The O.P failed and neglected to pay the maturity claim of the complainants regarding the said policy and this amounts to unfair trade practice and deficiency of service on the part of the O.P. Hence the complainants filed this case praying for a direction to the O.P to pay the sum assured amount of Rs. 2,25,000/- along with benefits as per the policy to the complainant along with interest from 28.08.2019 till realization and also to refund the amount of Rs. 6,384/- received by the O.P illegally on 15.07.2020 along with interest and to pay compensation and litigation cost.

            The O.P did not appear to contest the case in spite of service of summons and accordingly the case was heard exparte.

            The Ld. Advocate for the complainant by filing written notes of argument submitted that the O.P failed and neglected to pay the maturity value of the earlier and also illegally realized Rs. 6,384/- from the complainants and this amounted to unfair trade practice and deficiency in service for which the complainants are entitled to get the relief as prayed for.

Contd/-2

C.C. case No. 70/2021

:: 2 ::

            We have considered the written complaint, evidence of the complainants, the documents filed by the complainants and the submission of the Ld. Advocate for the complainant. It is found from the documents and evidence of the complainants on oath that the complainants have proved their case that they had the policy and the O.P failed and neglected to pay the maturity value of the policy along with benefits after the date of maturity. It is also proved by the complainants that the O.P illegally had taken Rs. 6,384/- to rectify the mistake in the computer but did not do anything and did not refund the money to the complainants. There is no evidence to the contrary by the O.P to disbelieve the complainants’ case and in absence of any evidence controverting the evidence of the complainants, we find that the complainants have proved their case. Therefore, the complainants are entitled to get the relief as prayed for.

            In the result, the case succeeds exparte.

             Hence,

                            it is Ordered,

            that the case be and the same is allowed exparte against the O.P – Life Insurance Corporation of India.

            The O.P is directed to refund the maturity value of Rs. 2,25,000/- of the policy in question along with all the benefits there under to the complainants along with 8% interest thereon from 28.08.2019 till realization of the amount to the complainants within two months from this date.

            The O.P is also directed to refund Rs. 6,384/- to the complainants along with interest thereon from 15.07.2020 till payment of the sum within 2 months from this date of judgment.

            The O.P is also to pay Rs. 5,000/- as compensation and Rs. 2,000/- as litigation cost to the complainants within two months.

In default of making payment of the decretal dues within the stipulated period the complainants shall be at liberty to execute the decree according to law.

Let plain copy of this order be given to the parties free of cost as per the CPR, 2005.

Dictated & Corrected by me                      

President                                                      

Member                                                                                                         President