Hon’ble Mrs. Rumpa Mandal, Member.
The brief fact of the case is that the Complainant Md. Soleman Miya is a senior citizen and the OP is renowned Insurance Company under the name and style “Reliance Nippon Life Insurance Company Ltd., Cooch Behar” carrying on its business of insuring people with the general masses since long with unblemished career at the above mention address. On 11.07.2022 the Complainant, Md. Soleman Miya and his wife Zinnat Jehan being persuaded by the employee of the OP namely Asgar Ali and the Branch Manager Ankit Jaiswal purchased one Reliance Nippon Life Insurance bearing policy No.54138353, Plan name- Reliance Nippon Fixed Money Back Policy, date of commencement of policy dated 11.07.2022 from the OP. The Complainant paid the 1st premium on 11.07.2022 amounting to Rs.20,799.72/- (Annexure-A photocopy of first premium receipt dated 11.07.2022). The OP informed the Complainant that if he pays the 2nd premium of the said policy then he will get Rs.32,000/- of bonus prize then accordingly the Complainant in the month of October, 2022 paid the 2nd premium as per the information of OP but sadly he did not get the bonus prize even today. Meanwhile the Complainant learnt that the 2nd premium amounting to Rs.20,374/- was paid by the Complainant for the said policy to the OP was not deposited by the then Branch Manager Ankit Jaiswal which is illegal and done only to harass the Complainant (Annexure-B photocopy of 2nd premium receipt dated 01.08.2023). The Complainant also learnt that he has been deceived by the then Branch Manager Ankit Jaiswal that the money receipt issued by OP for paying the premium of the said policy is fictitious there is no such policy as such it is a fraud policy (Annexure-C photocopy of duplicate renewal premium receipt/ tax invoice). After this shocking discovery the Complainant became thunder struck and approached the OP for discontinuing the said insurance policy and also requested the OP to return the entire amount which he paid to the OP for the said policy i.e. Rs.59,974/-. The Branch Manager Ankit Jaiswal on 26.02.23 through a cheque bearing No.409471 paid Rs.39,600/- to the Complainant the amount which he paid to the OP for the said policy after several requests but unfortunately the said cheque was bounced (Annexure-D photo copy of bounced cheque dated 26.02.23). On 18.04.23 the Complainant sent an email to the Branch Manager, Reliance Nippon Life Insurance, Sevoke Road Gitanjali Complex Siliguri with a request for refund of Rs.39,600/- against policy No.54138353 but sadly the Complainant is still today abstained from getting back his bard earned money which he paid to the OP (Annexure-E photo copy of email to the Branch Manager Reliance Nippon Life Insurance, Sevoke Road, Gitanjali Complex). The Complainant on various occasions had been to the OP to get back the money for registering the policy. Being frustrated with the conduct of the OP the Complainant filed two written complaints to the then Branch Manager, Ankit Jaiswal dated 31.05.23 and 02.06.23 for discontinuing the said policy and also to refund the premium amount of Rs.39,600/- (Annexure- F photo copy of written complaints dated 31.05.23 and 02.06.23). In the long run, the Complainant finally to get his hard earned money i.e. Rs.39,600/- which he paid to the OP as premium for the said policy. The Complainant filed of a written complaint to the Assistant Director, Consumer Affairs & Fair Business Practices, Cooch Behar Regional Office on 12.06.23 (Annexure-G photo copy of written complaint filed to the Assistant Director, CA & FBP, Cooch Bear dated 12.06.23). The negligent and non co-operative attitude of the OP are pressing hard upon the Complainant giving his a persistent mental anxiety which he is unable to maintain himself at present due to their dilly-dallying manner its tantamount to deficiency in service. The Complainant is a senior citizen and due to the attitude of non co-operation and negligence of the OP the Complainant is in hardship.
Being compelled, the Complainant filed this case before the Commission for having proper justice against the negligence duties of the OP. The cause of action of the present case arose on 11.07.2022, when the Complainant and his wife Zinnat Jehan being persuaded by OP purchased the policy and when the Complainant paid 1st premium and on various occasion. The Complainant therefore prayed for an order against the OP to refund Rs.59,974/- alongwith interest, Rs. 2Lakhs compensation for mentally harassing, Rs. 5 Lakhs for deficiency in service, Rs. 5 Lakhs for compensation for mental pain, agony and unnecessary harassment and Rs. 15,000/- towards cost of proceeding.
As per Order No.05 dated 25.04.2024 the case is decided to be heard ex-parte against OP.
The Complainant in order to establish the case proved the following documents in evidence.
Annexure-A is the first premium receipt dated 11.07.2022.
Annexure-B is the 2nd premium receipt dated 01.08.2023.
Annexure-C is the duplicate renewal premium receipt/tax invoice.
Annexure-D is the bounced cheque dated 26.02.2023 drawn by Ankit Jaiswal to Md. Soleman Miya.
Annexure-E is the copy of an email sent by the Complainant to the Branch Manager, Reliance Nippon Life Insurance, Sevoke Road, Gitanjali Complex.
Annexure-F, F1 & F2 are the written complaint dated 31.05.2023 and 02.06.2023.
Annexure-G is the written complaint filed by Complainant to the Assistant Director, CA & FBP, Cooch Behar dated 12.06.2023.
The major allegation against the OP is that after paying the 2nd premium amounting to Rs.20,374/- to the then Branch Manager, Ankit Jaiswal i.e. OP for the policy being No.54138353, the OP has not deposited the premium amount and the money receipt issued by OP for paying the premium of the said policy is fictitious, there is no such policy as such it is a fraud policy. This allegation stands duly proved by oral and documentary evidence.
The entire oral and documentary evidence stands unchallenged and un-discarded in as much as the case is heard ex-parte.
As per terms and conditions of the first premium receipt and duplicate renewal premium receipt are categorically mentioned that these receipts are issued subject to the clearance of the cheque if payment is made by cheque.
In the light of the aforesaid discussion and observation made in the foregoing paragraphs a reasonable inference is drawn that the Complainant successfully proved the case as consumer against the OP. The OP informed the Complainant that if he pays the 2nd premium of the said policy then he will get Rs.32,000/- of bonus prize and accordingly the Complainant in the month of October, 2022 paid the 2nd premium as per the information of OP but sadly he did not get the bonus prize even today. Second premium amounting to Rs.20,374/- was paid by the Complainant for the said policy, but OP was not deposited. OP has committed unfair trade practice. So, the misdeed of the OP tantamount to unfair trade practice.
Perused the pleadings of the Complainant and the documents in the case record. Heard, the argument advanced by the Ld. Advocate for the Complainant. The statements made in the evidence on affidavit are absolutely in consonance with the averments made in the complaint petition.
The OP did not convert the specific allegation of the Complainant in his complaint, since the OP decided not to contest the case and did not file any written version, evidence on affidavit and written argument.
According to Annexure-D, the then Branch Manager, Ankit Jaiswal issued one cheque in favour of the Complainant Md. Soleman Miya bearing No.409471 drawn on Axis Bank amounting to Rs.39,600/-. But unfortunately, the said cheque was bounced. The OP did not submit any document against these documents. So, the OP has committed the unfair trade practice and it is also established from the Complainant’s document that a reasonable inference is drawn and it is successfully proved the case as consumer against the OP. The premium amount of the insurance policies was paid by the Complainant and the amount has been deducted from the account of the Complainant and premium receipt has been given by the OP. The OP i.e. Branch Manager did not deposit premium on behalf of the Complainant. OP did not register the actual policy of the Complainant. Because there is no such policy as such it is fraud policy and the premium receipt is also fictitious. According to Annexure-C, OP issued a duplicate renewal premium receipt/ tax invoice.
Accordingly, the complaint case succeeds ex-parte against the OP.
Hence, it is
Ordered
That the complaint case be and the same is allowed ex-parte with cost.
The Complainant do get an award for a direction to the OP to pay a sum of Rs.59,974/-. The OP directed to pay Rs.20,000/- as compensation for mental pain, agony and unnecessary harassment. The OP is further directed to pay Rs.20,000/- for unfair trade practice and cost of proceeding Rs.5,000/- total Rs.1,04,974/- (Rupees One Lakh Four Thousand Nine Hundred Seventy Four only) within 30 (thirty) days from the date of passing the Final Order to the Complainant failing which @ 6% interest will be paid by the OP on the awarded sum from the date of passing the order till the date of realization thereof.
D.A. to note in the trial Register.
Let a plain copy of this Order be supplied to the concerned party by hand/by Registered Post with A/D forthwith, free of cost, for information & necessary action as per rule.
The copy of the Final Order is also available in the official website: www.confonet.nic.in.
Dictated and corrected by me.
