BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM RAICHUR.
COMPLAINT NO. (DCFR) CC. 96/2012.
THIS THE 17th DAY OF APRIL 2013.
P R E S E N T
1. Sri. Pampapathi B.sc.B.Lib. LLB PRESIDENT.
2. Sri. Gururaj, B.com.LLB. (Spl) MEMBER.
3. Smt. Pratibha Rani Hiremath,M.A. (Sanskrit) MEMBER.
*****
COMPLAINANT :- S. Basavaraj Patil S/o. Late Shantangouda
(S.B. Patil) Major, Occ: Advocate, R/o. H.No. 10-1-103, Makthalpet, Raichur.
//VERSUS//
OPPOSITE PARTIES :- 1. The Branch Manager, Bajaj Allianz, Life Insurance Company Branch Office, Station
Road, Raichur.
2. Bajaj Allianz, Life Insurance Company Ltd., situated in Survey No. 32/3, Nagar Road, Viman Nagar, Pune- 411 014.
CLAIM :- For to direct the opposites to pay an amount of
Rs. 53,983.16/- p.s. with interest, at the rate of 12% along with compensation of Rs. 35,000/- and cost of the proceedings.
Date of institution :- 26-11-12.
Notice served :- 20-12-12
Date of disposal :- 17-04-13.
Complainant represented by Sri. B.P.H, Advocate.
Opposite Nos. 1 & 2 represented by Sri.Vishwanath Pattansetty, Advocate.
This case coming for final disposal before us, the Forum on considering the entire material and evidence placed on record by the parties passed the following.
JUDGEMENT
By Sri. Gururaj, Member:-
This is a complaint filed by complainant Sri. S.Basavaraj Patil, Advocate S/o. Late Shantangouda, against the opposite Nos. 1 & 2, under section 12 of Consumer Protection Act for to direct the opposites to pay an amount of Rs. 53,983.16/- p.s. with interest, at the rate of 12% along with compensation of Rs. 35,000/- and cost of the proceedings.
2. The brief facts of the complainant’s case are that, the complainant has obtained Bajaj Allianz Unit Gain Pension Plus RP with the opposite NO-2 to opposite No-1 under the policy No. 0041368836 which commencing from 04-03-2007 and maturity date is as 04-03-2012. Further it is the case of the complainant that, after maturity of the above said policy he has approached the opposites for to settle the claim but the opposites have directed the complainant to comply the following documents (1) Policy document, discharge form duly signed (3) Photo identity card and signature proof duly attested (4) ECS Form and cancelled cheque policyholder and (5) Annuity form accordingly, complainant has complied the same. It is the case of the complainant that, even inspite of submission of all the documents as asked by the opposites the opposites have not settled the claim and asked to complainant to invest the said maturity value in the mutual fund for deferred annuity product which is against the interest of the complainant. Hence, he has not showed any interest for to invest for that reason the opposites have not properly responded to the complainant and settle the claim as requested by the complainant. The complainant has made several efforts to settle the claim but for no reasons matter has been dragged upto six months by saying such delay the complainant in the month of June-2012 made a claim before the customer care Pune of the opposites as well as before the grievance redressal cell. But the said letters have been returned unserved. Even for the sake of curtsey there is no reply from the opposite for the legal notice issued by the complainant. Hence he has contended that, there is a deficiency in service on the part of the opposites and filed present complaint seeking the relief as sought by the complainant.
3. Opposite Insurance Company after receipt of the notice from this Forum appeared through their counsel and filed written version contending that, before the date of maturity i.e, on 09-09-2011 the opposites have sent the letter to comply the documents but the complainant has submitted the documents on 06-03-2012 i.e, after maturity date as such, the complainant has not complied the documents in time due to which as per the terms and conditions of the agreement the said policy has automatically went in to the pension plan. In this regard opposites are suitably answered vide letter dt. 09-08-2012 as such, question of deficiency in service on the part of does not arise at all. Further it is contended that, the complainant has not approached this Forum with clean hand and filed the present complaint with false and baseless allegations and further alleged that, the complainant has to go through the terms of the policy bond but he has not done so, hence sought for dismissal of the complaint.
4. In-view of the facts and circumstances stated above. Now the points that arise for our consideration and determination are that:
1. Whether the complainant proves that, there is a deficiency in service on the part of opposites as alleged, by the complainant ?
2. Whether complainant is entitled for the relief’s as prayed in his complaint.?
3. What order?
5. Our findings on the above points are as under:-
(1) In Affirmative
(2) As discussed in the body of this judgment and as noted in the final order.
(3) In-view of the findings on Point Nos. 1 & 2, we proceed to pass the
final order for the following :
REASONS
POINT NO.1 :-
6. To prove the facts involved in these two points, affidavit-evidence of the complainant was filed, who is noted as PW-1. Totally (9) documents Ex.P-1 to Ex.P-9 are marked. On the other hand, affidavit-evidence of Opposite No-1 was filed, who is noted as RW-1. Totally (15) documents were filed and they are marked as Ex.R-1 to Ex.R-15. Written arguments filed on behalf of the opposites. Heard the arguments on both sides and perused the records.
7. On perusal of the facts pleaded by the parties, their respective affidavit-evidences and documents filed in this case. We have noticed some of the following undisputed facts between the parties.
1. It is undisputed fact that, complainant S. Basavarj Patil obtained Bajaj Allianz Unit Gain Pension Plus RP policy bearing No. 0041368836 from the opposite No-2 through opposite No-1.
2. It is also undisputed fact that, the policy in question is matured on 04-03-2012.
3. It is also undisputed fact that, the complainant has to execute and hand over the annuity form duly filled by the complainant to the opposites for to settle the claim.
8. On perusal of the documents and arguments submitted by the both the counsel it is noticed that, the opposites have required only the annuity form which has been not submitted by the complainant at the time of submitting the documents and further noticed that, in case if, the complainant submitted the same they are ready to settle the claim of the complainant according to the terms and conditions of the policy. On the other hand, the counsel for the complainant who has accepted the contention of the opposites and submitted that, he is ready to give the annuity form as requested by the opposites and also agreed to given up the lumpsum claim as mentioned under the complaint and ready to accept the pension under the policy. Under such circumstances, we do not find any legal hurdles to allow the complaint in favour of the complainant under the following terms and condition. The complainant shall execute and hand over the annuity form duly filled to the opposites within 15 days from the date of this judgment along with original documents i.e, ID proof, address proof, photos and other documents as mentioned in the annuity form and obtained receipt for having submitting the documents. Further it is also directed to the complainant to mention the mode of option the pension made known in annuity form under the head of (a to f).
9. We have also directed the opposites shall settle the future pension half yearly if, pension amount is less then Rs. 1,000/- accrues, within the six months from the date of order and hand over the annuity form.
10. Further on perusal of the entire facts of the case of the parties, the opposites Insurance Company just because of non submission of annuity form withheld the process of settlement of the claim is uncalled for and unjustifiable hence, we have noticed some portion of deficiency in service on the part of opposites. However, the matter has been come to an end under the above said conditions which are accepted by the opposites and complainant. Hence, accordingly we answered Point No-1 in Affirmative.
11. As regards to the complainant claim is concerned, the complainant at later stage as agreed to given up the lumpsum claim and ready to obtain the pension as per the terms and conditions of the policy. hence, we are of the clear view that, there is no harm to direct the opposite to settle the claim of the complainant as pension instead of lumpsum amount under the policy and same has to be settled within six months from the date of receipt of this order and annuity form. Further, it is also directed to the opposites that, if the pension amount is fixed (accrued) Rs. 1,000/- or more same shall be paid each and every month to the opposites in case if it is less then Rs. 1,000/- same shall be paid half yearly or else as per the terms and conditions of the policy.
12. As regards to the deficiency in service and cost is concerned, the opposites are liable to pay global compensation amount of Rs. 5,000/- towards deficiency in service and cost of the proceedings. Accordingly, we answered point No-2.
POINT NO.3:-
13. In view of our findings on Point Nos-1 & 2, we proceed to pass the following order:
ORDER
The complaint filed by the complainant is partly allowed with cost.
The complainant is entitled to recover pension amount from the opposites in case if the pension is fixed/accrued on the policy Rs. 1,000/- or more then Rs. 1,000/- on each and every month, in case, if it is less then Rs. 1,000/- is entitled to recover the same half yearly i.e, twice in a year.
The complainant also entitled to recover Rs. 5,000/- form the opposite as global compensation
Opposite is given six months time from the date of the receipt of the annuity form to settle the pension under the policy and one month time is given to make the payment of the compensation amount from the date of the judgment.
Intimate the parties accordingly.
(Dictated to the Stenographer, typed, corrected and then pronounced in the open Forum on
17-04-13)
Smt.Pratibha Rani Hiremath, Sri. Gururaj Sri. Pampapathi,
Member. Member. President,
District Consumer Forum Raichur. District Consumer Forum Raichur. District Consumer Forum Raichur.
