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Sri Bijaya Kumar Bag filed a consumer case on 22 Apr 2019 against The Branch Manager, Reliance Life Insurance in the Rayagada Consumer Court. The case no is CC/118/2016 and the judgment uploaded on 20 Jul 2019.
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, RAYAGADA,
STATE: ODISHA.
C.C. Case No. 118 / 2016. Date. 22 .4. 2019
P R E S E N T .
Dr.Aswini Kumar Mohapatra, President
Sri Gadadhara Sahu, Member.
Smt.Padmalaya Mishra,. Member
Sri Bijaya Kumar Baag, S/O: Late Basudev Baag, At/Po:Gumuda, Dist:Rayagada (Odisha). …. 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, DhirubaiAmbani Knowledge city, Navi Mumbai, Maharastra State- 400710. … Opposite parties.
For the Complainant:-Self..
For the O.P 1 & 2:- Set exparte.
JUDGEMENT
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. has 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 6(Six) 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 for the period from 12.2.2009 to till its maturity Dt. 07.8.2015 a sum of Rs.33,201/-. After getting the policy bond bearing policy No.13779249 he could know that there is no such thing in the said policy as promised by them. According to the complainant he had paid premium of Rs.,32,201.00 for 6(Six) years contineously and after sixth year asked for the refund with profit. The O.Ps. had paid an amount of Rs. 29,200/- only where as the complainant has paid Rs.33,200/- 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 10 adjournments has been given to them. Complainant consequently filed his memo and prayer to set exparte of the O.Ps. Observing lapses of around 3 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.13779249. 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 had 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. 33,201/- and since it was a money back policy he also received back from the O.Ps a sum of Rs.12,500/- on Dt. 12.2.2013, on Dt.09.3.2016 maturity value Rs.16,700/-. Thus the O.Ps have made a total payment of Rs. 29,200/- against the total payment of Rs. 29,200/- and the O.Ps have kept a sum of Rs. 4,000.00 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 stands allowed on exparte against the O.Ps
The O.Ps ordered to refund the balance amount a sum of Rs.4,000/- besides to 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. A copy of this order as per the statutory requirements, be forwarded to the parties free of charge.
Dictated and corrected by me.
Pronounced in open forum today on this 22nd. of April, 2019
Member Member. President
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