By  ASISH DEB, PRESIDENT.

            Facts of the complaint case, in a nutshel ,is that the complainant purchased the Reliance Life Insurance Guaranteed Money Back Policy on 14.06.2011 and the installment premium was Rs. 24,999/- . he got first premium receipt on 19.06.2012 having policy No. or Contract No. 50189298.  The complainant  paid five premiums. As per terms at any time prior to 18th June 2027 on the death of the life assured Rs. 1,06,920.00 + maturity benefit will be payable . The complainant had paid last premium on 27.06.2016. Thereafter, the complainant has been trying to withdraw the paid amount but in vain. The complainant had been to the office of the OP Nos. 1 and 2 for redressal and requested to release the withdrawal, but the Ops deliberately neglected to pay the amount to the complainant.  The complainant sent legal notice upon the Ops on 04.12.2018 but the Ops did not care to comply the same.

            Under the above circumstances the complainant prays before this Commission for a direction upon the OPs to release Rs. 1,24,261/- in favour of the complainant with additional maturity amount of Rs. 1,35,000/- and loyalty bonus of Rs. 1,62,000/- and other reliefs.

            Summons were issued and served upon both the OPs.

            The Op no. 1 and 2  contested the complaint case and filed written version contending inter alia that the case is not maintainable and it would be dismissed for the following reasons.

            The complainant took an insurance for 15 years starting from 18.06.2012. The premium payment terms was for 5 years .  Money back benefit will start from the end of 11 th year  of the policy and shall continue till 15th year. As per terms of the policy no loan facility was available.  The complainant is an educated man and was aware of the policy conditions.  The complainant has paid full payment for five years. The contents of the complaint petition is not within any terms and conditions of the policy purchased by the complainant.  The allegations of the complainant is void of any logic .

Under the above circumstances, the OPs pray for dismissal of the complaint case with cost.

Points for Determination :-

I. Is the Complaint case maintainable in its present form?

II. Is the Complainant get the reliefs as prayed for ?

DECISION WITH REASONS

In Re:- points No. I & II

Both the points being inter related are taken up together for discussion for sake brevity and to avoid repetition.

We have given thoughtful consideration to the  rival contentions,facts and circumstances of the case reflected in the complainant on affidavit ,written version submitted by the ops, evidence and other materials on record. It appears that complainant is a consumer and the op Insurance Company acted as service provider. In Civil Appeal No. 3883 of 2007 the Hon’ble Supreme court has been pleased to observe in a dispute concerning a consumer that it is necessary for the courts to take a pragmatic view  of the rights of the consumer principally since it is the consumer who is placed at a disadvantage  vis a vis the supplier of service or goods. It is to overcome this advantage that a beneficent legislation in the form of Consumer Act was enacted by the Parliament. In view of the aforesaid decisions and on the basis of the  statement made in the complaint supported by affidavit, it is clearly established that the complainant is a Consumer .As such the instant case is maintainable in its present form. It is evident that indisputably complainant purchased the policy in question and paid the five premiums each of Rs.24.999/-   with the op Insurance Company without any default. It appears from the policy documents that there is a clause (10) for surrender benefits. If a consumer wants to surrender the policy for any cogent reason the service provider can not reject the prayer outright without assigning any sufficient  reason. This amounts to deficiency of service even the consumer did not reach up to the maturity  period of the policy certificate.

It is evident that the ops have not taken any positive step to refund the premium amounts alongwith eligible benefits even taking into account the matter of premature withdrawal  to the complainant, where as there is a clause for surrender benefits;  for which the complainant has come before this forum seeking reliefs ; to that extent it is a deficiency in service. The complaint case should succeed in part the complainant is entitled to get the paid  five premiums each having of Rs.24.999/-,after deducting service charges amount  along with interest in addition to compensation amounting to Rs.12,000/- and litigation costs of Rs.2000/-

In the  result the complaint case succeeds in part.

Both the points are answered accordingly.                    

Hence, it is

                          O R D E R E D

That CC  No.  107 of   2019 be and the same is allowed in part on contest against the OPs.

The above OP is directed to pay the complainant theamount Rs. 1,24,261/- in addition to compensation amounting to Rs.12,000/- and litigation costs of Rs.2,000/-

The complainant is also entitled to get interest @ 8%on the whole amount from the date of filing of this casetill realization.

The OPs are at liberty to collect the policy certificate which is deemed surrendered, from the case record.

The OPs are directed to issue a bank draft /bankers’ cheque for the said amount within 30 days from date of this order, in default the complainant would be at liberty to put the order into execution.

Let copy of this judgment be supplied to the parties free of cost.