In the District Consumer Disputes Redressal Forum, Murshidabad
Berhampore, Murshidabad.
Case No. C.C/38 /2016
Date of filing: 14/03/2016 Date of Final Order: 08 /11/2016
Basudeb Ghosh.
S/O-Gour Chandra Ghosh
Vill.-Mamudpur, Near Durga Mandir.
P.O.-Juginda, P.S.- Domkal.
Dist- Murshidabad, (W.B.) ……………………………... Complainant
- Vs-
1). The Branch Manager.
Reliance Life Insurance,
3rd Floor, 3/20,K.K. Banerjeee Road,
P.O.& P.S.- Berhampore.
Dist.- Murshidabad.,Pin.-742101.
2). The Branch Manager H, block,
1st Floor, Dhirubhai Ambani Knowledge City,
Navi Mumbai Maharastra,400710.
3). The Branch Manager 9th floor/10th Floor,
Building No.-2, R- Tech Nirlon Compound,
Nent to Hub Mall behind,
I- Flex Build Goregaon ( East). Mumbai-400063. ………….….………… Opposite Party
Mr. Sougata Biswas. Ld. Advocate………………………….……… for the complainant
Ex-parte against the OP
Before: Hon’ble President, Anupam Bhattacharyya.
Hon’ble Member, Samaresh Kumar Mitra.
FINAL ORDER
Samaresh KumarMitra, Presiding Member.
This case has been filed by the complainant u/s 12 of C. P. Act, 1986 praying for an order upon the Ops directing them to grant the surrender of the three policies and pay the amount of Rs.84,974/- with an interest of 9% p.a. and to pay a sum of Rs.10,000/- as compensation and to pay a sum of Rs.5,000/- as cost .
The case of the complainant, in brief, is that the agent of the OP Company told the complaint about the different schemes of the Reliance Insurance and told the beneficiary of Reliance Insurance. The complainant was using a reliance policy from the year of 2012. But due to financial crunch, the complainant wants to surrender the policy. He informed the matter to the agent of the company over telephone. The agent of the OP Company informed that if the complainant purchases a new policy, he can surrender the previous policy and can get back the total amount of both the policies. On good faith, the complainant purchased a new policy so that he would get back the full amount of both the policies. Very next date the agent of OP came to the house of the complaint and collected the documents and a cheque amounting to Rs.14, 999.59 on 11.02.2015. After few days the complainant received all the relevant documents of the policy vide No. 52062219. Again the complainant received outbound call from the Reliance Company for a new insurance and the complainant informed that he wants to surrender the policy. The agent of the OP informed the complainant that if he opens a Saving Account in Reliance Insurance of Rs.49, 999.68 then he can get all the money back from the Company. The very next date the agent of the OP Company came to the house of the complainant and received all the documents and a cheque of Rs.49,999.68. The Complainant received all the documents of the policy vide No. 52162780. The complainant was astonished knowing that he was misled by the agent. The complainant went to the office of Reliance at Berhampore regarding the matter but the he was informed that they cannot do anything regarding this. The complainant again received the outbound call and he was misled. Again the complainant trusting on the agent purchased a new policy. With a few days the complainant got all the relevant documents from Reliance policy vide No. 50076493. Yearly premium was Rs. 19,976/-. The complainant being a middle class family and it was not possible for him to continue the Insurance Policies where premium is Rs.84,974/-. He wants to surrender all the policies as he cannot continue it. The OP did not disburse the amount of the complainant nor gave him the surrender value of the policies. Hence, the complaint case.
The complainant filed evidence by way of affidavit where he affirmed all the points which he narrated in his complaint petition.
From the discussion herein above, we find the following Issues/Points for consideration.
ISSUES/POINTS FOR CONSIDERATION
1).Whether the Complainant ‘Basudeb Ghosh’ is a ‘Consumer’ of the Opposite Party?
2).Whether this Forum has territorial/pecuniary jurisdiction to entertain and try the case?
3).Whether the O.Ps carried on unfair trade practice/rendered any deficiency in service towards the Complainant?
4).Whether the complainant proved his case against the opposite party, as alleged and whether the opposite party is liable for compensation to him?
DECISION WITH REASONS
In the light of discussions here in above we find that the issues/points should be decided based on the above perspectives.
(1).Whether the Complainant Basudeb Ghosh is a ‘Consumer’ of the opposite party?
From the materials on record it is transparent that the Complainant is a policy holder of OP so he being a consumer of the OP as provided by the spirit of section 2(1)(d)(ii) of the Consumer Protection Act,1986 is entitled to get service as a consumer from the service provider.
(2).Whether this Forum has territorial/pecuniary jurisdiction to entertain and try the case?
Both the complainant and opposite party are residents/carrying on business within the district of Murshidabad. The complaint valued within Rs.20,00,000/- limit of this Forum. So, this Forum has territorial/pecuniary jurisdiction to entertain and try the case.
(3).Whether the opposite party carried on Unfair Trade Practice/rendered any deficiency in service towards the Complainant?
The complaint was filed against the four OPs but subsequently the complainant by filing a petition prayed to struck off OP No.2 from this proceeding and vide order dated 26.5.2016 the name of the said OP No.2 has strucked off by this Forum.
The case of the complainant is that he purchased Insurance policy from the OP i.e.
Policy No.1 being Plan Name: Money Multiplier Plan (Rev.), date of commencement 28.2.2015, Policy Term-10yrs, Premium Rs.14, 999.00, sum assured Rs.91, 107.00 for 10 yrs.
Policy No.2 being Plan Name: Reliance Super Money Back Plan, date of commencement 31.03.2015, Policy Term-20yrs, Premium Rs.49, 999.68, sum assured Rs.164, 409.00 for 10 yrs.
Policy No.3 being Plan Name: Reliance cash Flow Plan, date of commencement 20.04.2012, Policy Term-16yrs, Premium Rs.19, 976.78, sum assured Rs.214,00.00 for 16 yrs.
The policy details in 3-4 pages out of 16 pages in Xerox copy reflects the payment of premium details, Policy schedule & filled up proposal form for life Insurance. These documents transpires the terms and condition in a nutshell but stated that if the policy holder wish to opt out of this plan, by stating the reasons of his/her disagreement in writing and return the policy kit to the company within 15 days of its receipt for cancellation. The policy holder is requested to take appropriate acknowledgment of your request letter and return of policy kit. In which event the company will refund the premium paid subject to a deduction of a proportioned premium for a period of cover less expenses incurred by the company on your medical examination, if any and stamp duty charges.
The complaint petition, evidence on affidavit and argument advanced by the agent of the complainant never whisper regarding free look period of 15 days. If the policy holder disagreed with the terms and conditions of policy then he may avail the period of free look period to surrender the same. In the complaint petition it is stated in several paras regarding outbound call from OP Company regarding different schemes and the complainant being lured accepted different schemes. The complaint is a serviceman having sufficient knowledge to assess the terms and conditions of those policies and accepted thereafter. So he should face the consequences if he stopped the premium voluntarily. He is fully aware of the benefits and fate of paying singly premium. All the policies are of different plans, different dates of commencements. So, it can be presumed that he took the policies after knowing the fate of paying single premium. Thereafter, tried to get redressed from this Forum. He should file petitions before the OP Company to get the premium proceeds. But not a single paper produced or whispered regarding that matter. Apart from doing so he filed this complaint for getting compensation and others.
So we are in a considered opinion to make direction upon the OP Company to pay the premium proceeds to this complainant within 45 days from receiving this order.
4). Whether the complainant proved his case against the opposite party, as alleged and whether the opposite party is liable for compensation to him?
The discussion made herein before, we have no hesitation to come in a conclusion that the Complainant failed to prove his case beyond reasonable doubt and the Opposite Party is not liable to pay any compensation for deficiency of service.
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Hence it is ordered that the complaint be and the same is allowed in part in ex-parte against the Opposite party with no order as to cost.
The OP No.1, 3&4 are directed to pay jointly and/or severally the premium proceeds of this complainant within 45 days from the date of receiving this order.
At the event of failure to comply with the order thse Opposite Party shall pay fine @Rs.50/- for each day’s delay, if caused, on expiry of the aforesaid 45 days by depositing the accrued amount, if any, in the Consumer Legal Aid Account.
Let a plain copy of this Order be supplied free of cost to the parties/their Ld. Advocates/Agents on record by hand under proper acknowledgement/sent by registered post forthwith, for information & necessary action.
Dictated and corrected by me.
Member, President.
