SMT. BANDANA ROY, PRESIDENT
This is a complaint made by one Anup Kumar Das against the Branch Manager of Reliance Life Insurance praying for a direction upon the Opposite Party to return the premium of Rs. 45,000/-along with interest @ 10% from till the date of realization, compensation for a sum of Rs. 40,000/- and litigation cost of Rs.10,000/-.
In short, case of the Complainant is that he took a life insurance Policy from the OP being policy No. 14610201 on 31.05.2009 for an yearly premium of Rs.15,000/- for a assured sum of Rs. 75,000/-. The complainant paid the premiums for three years, totaling Rs. 45,000/- up to 2011. But later on due to the financial crisis the complainant could not pay further premiums for next years. Now, according to the terms of the policy the complainant wants to surrender the same after giving premiums for three years, but the OP did not give any response. Lastly on 02.05.2017 the complainant sent a letter to the OP demanding refund of the said premiums amount of Rs 45,000/- along with other benefits as per conditions of the said policy but till now the OP did not give any reply to his letter nor refunded the amount.
Hence, the complaint case has been filed by the complainant on the allegation of deficiency of service on the part of the OP.
Summons were issued upon the Opposite Party but in spite of repeated chance the OP does not appear to contest the case. So, the case is heard ex parte against the OP.
Point to be considered in this case is (1) whether the case is maintainable and (2) whether the Complainant is entitled to the relief(s) sought for by him.
Decision with reasons
We have carefully perused the affidavit of the complainant and all the documents filed by the complainant.
On perusal of the schedule of the life Insurance it appears that the complainant opted for the plan and paid a sum of Rs. 15,000/- per year for three years totaling Rs. 45,000/-. Although the plan condition speaks that the date of benefit expiry is 31st May 2024 but it also appears from the letter of the complainant addressed to the Branch Manager of the OP Reliance Nippon life Branch, Tamluk and also the HOD of Reliance Nippon Life Insurance dated 02.05.2017 that the complainant prayed for refund of said deposited amount of Rs. 45,000/- for his financial crisis as well he informed that he was unable to pay further premiums.
In spite of summons upon the OP, the OP does not come forward to take any defense as to whether there is any condition in the policy, contrary to the prayer of the complainant.
Considering the submission of the ld advocate for the complainant as well as considering the documents filed by the complainant it appears to us that the complainant has been able to prove his case ex parte and he is entitled to get the reliefs as prayed for.
Hence,
O R D E R E D
That CC/353 of 2017 be and the same is allowed ex parte against the Opposite Party.
The Opposite Party is directed to pay a sum of Rs. 45000/-along with accrued interest thereof, if any, till final realization and compensation of Rs. 2000/- and litigation cost of Rs. 1000/- within one month from the date of this order.
Let the copies of the judgment be supplied to all the parties free of cost.
