Orissa

Rayagada

CC/113/2016

Sri Abhimanyu Sabar - Complainant(s)

Versus

The Branch Manager, Reliance LIFE insurance Co., Ltd., - Opp.Party(s)

Self

20 Oct 2018

ORDER

DISTRICT   CONSUMER  DISPUTES REDRESSAL    FORUM, RAYAGADA,

STATE:  ODISHA.

C.C. Case  No. 113 / 2016.                                Date.  20    .10.  2018

P R E S E N T .

Dr. Aswini  Kumar Mohapatra,                          President

Sri GadadharaSahu,                                        Member.

Smt.Padmalaya Mishra,.                                  Member

 

Sri  Abhimanyu Sabar, C/O: Buda Sabar,  Bada Sahi, Khaira, Meringi,    Dist:Rayagada  (Odisha). Pin No.765033 Cell No. 8895368592.                 

                                                                                    …. Complainant.

Versus.

1.The  Branch Manager, Reliance Life Insurance Co. Ltd., New Colony, Po/ Dist: Raygada, State:Odisha.

2.The  General  Manager, Reliance Life Insurance Co. Ltd., Regd. Office, H.B.Block, Ist. Floor, Dhirubai  Ambani  Knowledge  city,  Navi Mumbai, Maharastra State- 400710.                                                        … Opposite parties.

For the Complainant:-Self..

For the O.P 1 & 2:- Set exparte.

JUDGMENT

                The  curx of the case is that  the above named complainant alleging deficiency in service  against  afore mentioned O.Ps for non refund of the balance amount with bonus and interest for which  the complainant  sought for redressal of the grievances raised by the complainant. The brief facts of the case  has summarised here under.

That during the year 2009 the agents and officers of the O.P. had approached the complainant with a proposal  that they are having  an insurance  product with them by which the  insured will  get double the benefit within 7(Seven) years and all the insurance facility and obtained the signatures on some blank  papers on the dotted line.  The complainant was  to pay the  premium @ Rs.9,000/- annual premium  for the period from 06.02.2009 to  till its maturity  Dt. 06.2.2016 a sum of Rs.63,000/-.  After getting the policy bond  bearing policy No.13708171 he could know that there is no such thing in the said policy as promised by them.  According to  the complainant he  has  paid premium of Rs.63,000/- for 7(Seven) years continuously and after  Seven year asked for the refund with profit. The O.P. had paid an amount of Rs. 55,163/- only where as the complainant has paid  Rs.63,000/- and the said amount was not given any interest or bonus as promised by him. The complainant  therefore  prayed that the hon’ble forum be pleased to direct the O.Ps. to refund the  balance deposited amount  with interest,  bonus  and such other relief as the hon’ble forum deems fit and proper for the best interest of justice.

On being noticed Sri  Ram Prasad Patra and associates appeared before the forum and filed Vakalatnama and took adjournments.  There after the  O.Ps neither entering in to appear before the forum nor filed their  written version inspite of more than  19 adjournments has been given  to them. Complainant consequently filed his memo and prayer to set exparte of the O.Ps.  Observing lapses of around 2 years  for which the objectives  of the legislature of the C.P. Act going to be destroyed to the prejudice of the interest of the complainant.  Hence after hearing  the  counsel for the complainant set the case  exparte against the O.Ps. The action of the O.Ps is against the principles of  natural justice as envisaged  under section  13(2) (b)(ii) of the Act. Hence the O.P. set exparte  as the statutory period  for filing of  written version was over to close the case with in the time frame permitted by the C.P. Act.

          We therefore constrained to  proceed to dispose of the case, on its merit.  Heard from the complainant.   We perused the complaint petition and the document filed by the complainant.

         FINDINGS.

            During the exparte  hearing the complainant examined himself and proved the payment  of the  money  to the O.Ps  in the policy bearing No. 13708171 (copies of the  Reliance  cash flow plan policy schedule is in the file which is marked as Annexure-I). The complainant has also produced  the voucher enquiry report  relating to the above case. The complainant also argued  due to non payment balance amount and bonus against the  policy  the complainant suffered a lot of financial trouble  and mental agony. The complainant prays the forum as the  O.Ps  not heard any  grievance of the complainant till date   so the  O.Ps  be  directed to refund balance amount   along with  bank interest and bonus.

            On perusal of the record this forum found the complainant had paid a total premium of Rs. 63,000/- and since  it was a   money back policy he had  also received back from the O.Ps  a sum of Rs.25,050/- on Dt. 06.2.2013, and  Rs.30,113/- on Dt.06.2.2016 towards survival  maturity value . Thus the O.Ps have  made a total payment of Rs. 55,163/- against the payment of Rs. 63,000/- and  the  O.Ps have kept a sum of Rs. 7,837.00 while making final payment.

In  the absence  of any  denial  by  way  of  written  version  from the side  of the O.Ps. it is  presumed that the allegations  levelled against   the  O.Ps. deemed  to have  been  proved.    The  complainant   had  paid  the  amount   for the good service .  When the O.Ps  have failed to  give such service  as per policy bond  for   which  the O.Ps  have   received   the  amount.   It is  deemed that the  O.Ps   were   callous to the allegations  and it amounts  to deficiency  of service.

When a rural folk invest the money with the assurance of the agent in the insurance and when he came to know that the above investment is not yielding any profit even after years and as such the above investment brought by the agent and accepted by the O.P is not with any intention to give any economic protection but with an intention to grab the money of the rural folks..

In view of the discussion above, it is found to be  an unfair trade  practice made by the agent and O.Ps.  The O.Ps  have introduced the agent to do the unfair deal with the rural folk as seen from the counter and as such the complainant is entitled to get  refund of the entire amount deposited by the complainant in the said scheme so as to enable them to invest the same with their choice.

We have gone through the complaint petition and documents available in the record. This forum by relying upon a citation passed by National Commission, New Delhi in the New India Assurance Co. Ltd., Versus M/s Sukhadham India Pvt. Ltd.,2011(1) CPR 191 such as :- “ Insurance Company must settle claim without delay”. In the light of the above decision of law we allow the case.

Hence to meet  the  ends  of  justice,  the following   order is  passed.

                                                                       ORDER

            In  resultant the complaint petition is allowed on contest against the O.Ps

 

             The O.Ps  ordered  to refund the balance amount  a sum of Rs.7,837/-  with interest @  Rs. 6% per annum  from the date of respective deposit till  payment  besides  pay   compensation of Rs.1,000/-  for mental agony and harassment interalia litigation expenses.

            The O.Ps are directed to make the aforesaid payment within 30 days from the date of receipt of this order..

            Pronounced in open forum today on this      20^th. of    October, 2018 under the seal and signature of this forum.

            A copy of this order as per the statutory requirements , be forwarded to the parties    free of charge.

 

 

              Member                                    Member.                                                  President