Orissa

Rayagada

CC/115/2014

Sri Raghava Rao Nalla - Complainant(s)

Versus

The General Manager, Max Life Insurance Company Ltd., - Opp.Party(s)

02 Jun 2014

ORDER

DISTRICT   CONSUMER  DISPUTES REDRESSAL    FORUM, RAYAGAD

AT:  KASTURI  NAGAR, Ist.  LANE,   L.I.C.OFFICE BACK PO/DIST: RAYAGADA ,  STATE:

   ODISHA,  PIN  NO.765001,  PHONE/FAX                         

NO.06856-223025.

 

                                           C.C. Case  No..   115/ 2014.

                                                                       

 P R E S E N T .

Sri Pradeep Kumar Dash, LL.B,                            President.

Smt. Ch.  Nirmala Kumari Raju, LLB,                   Member

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                                                            Vrs.

1.  General Manager, Max Life Insurance Co. Ltd., Plot No.90 A,Sector-18,Gurugaon-122015,Haryana.
2.  Branch Manager,  Axis Bank Ltd., Gunupur, Po/Ps/Gunpur, the authorized agent of O.p. No.1,Dist.Rayagada.                                                                                                                                                                …..…..Opp.Parties

Counsel for the parties:

For the complainant: In person

For the O.P 1: Sri K.N.Samantray, Advocate, Jeypore.

For the O.P.2: Sri K.Ch.G.S.Kumudan,Advocate,Rayagada.

 

                                                            JUDGMENT

                        The facts of the complaint  in brief is that  the complainant is having his account with O.p 2 and he is partly blind  and hearing difficulties and he is in need of assistance from anybody to put his signature on the papers. The officers of the O.p 2  asked the complainant not to keep such money in S.B. account which will get only normal interest and  suggested to put the same in long term deposits but as the complainant  was in need of money for different purpose  he declined to the proposal  of the O.p 2 but the O.p 2  and his staff managed to obtain his  signature on some papers without explaining the reason for the same and ;simply stated that they need those signature for their official purpose but to the utter surprise  the complainant  could  know that a sum of aRs.85,000/-  was drawn by the O.p 2  and sent it to the O.p 1 towards the insurance ;which he never intended and the insurance papers received by the complainant is also not disclosed to him and whenever the complainant approaches they used to  say that  they will refund the same and again  deducted Rs.15,000/-  towards the insurance  and all these transactions were made without his consent and knowledge. On the demand of the complainant the O.p 2  given the policy particulars long after the policy and even gone to the extent of producing a medical fitness  and he has never attended before the said doctor at any time.  The complainant has ask for refund of the amount and given an application  which the O.p 2 received  but till now the amount has not been refunded.  Hence, prayed to direct the O.P to refund entire policy amount of Rs.1,00,000/-  and award compensation and ;such other relief as the forum deem fit and proper. Hence, this case.

 

                         On being noticed, the O.p 2 appeared through their Counsel Sri K.Ch.G.S.Kumudan  and  filed written version and denied the entire allegation on all its material particulars. The O.p  No. 1 appeared through their Counsel Sri K.N.Samantray but  not shown their interest to file any counter  in support of their claim as such  the O.p 1 was set exparte. It is submitted by the O.p 2 that  the complainant is an educated person and knows reading and writing English and he after knowing all the advantages of opening account in the O.p 2 ban k  under the scheme and category of SB Axis Wealth, he opened the account  which is ;mot privileged account  and the complainant has  been  given free ATM service. The complainant  after thoroughly going through the advantages and savings of Max life Insurance  and  also  the broachers, he has taken the policy and neither the bank staff nor the insurance people have influenced and insisted for taking the policy and after fully satisfaction and convenience of the advantages of Max Life Insurance the complainant has drawn DD Rs.85,000/-  on 24.12.13  in favour of the O.p 1 and another DD for Rs.15000/-  drawn on 31.12.13. Even after payment of the 1^st premium and submission of the application the insurance officers again contacted the complainant and sought his views whether he would  continue or withdraw but the complainant has not  informed  either to the insurance officers nor the bank officials  that he is not interested to continue the policy and he also never informed to any of them that he has not given any consent. It is further submitted that as per the written application  before the O.p 1 for ;cancellation of policy dt.14.5.14, the policy was cancelled and the complainant received back the amount of aRs.1,00,000/.- from the O.p 1  under his savings account No.913010054578081 dt.30.5.14. In view of the  aforesaid circumstances, the O.Ps are  not guilty for deficiency of service and hence prayed  dismiss the claim of the complainant with cost.

 

                        We perused the complaint petition and documents filed by both the parties. We perused the account statement filed by the Axis Bank and found that the O.p No.1 has already paid the claim amount of Rs.1,00,000/- to the account of the complainant on 30.5.2014  and since the Opp.Parties have   refunded the claim amount of the complainant  we do not feel it necessary to go into the merit of the case . The complainant has also admitted the receipt of insurance amount.  Hence, it is ordered.  

                                                                       ORDER

                         Since the O.ps have already paid the  claim amount of the complainant which was admitted by the complainant, we do not found any deficiency in service on the part of the O.ps and hence the complaint filed by the complainant  is dismissed having no merit. There shall be no order as to costs. Parties to bear their own cost.

 

                        Pronounced in open forum today on this 14^th  day of July,2015 under the seal and signature of this forum.

                         A copy of this order as per the statutory requirements , be forwarded to the parties    free of charge.

 

 

 

                   Member                                                                                       President

Documents relied upon:

By the complainant:

 

1. Letter to O.p for cancellation of policy
2. Policy cancellation form
3. Letter of O.p to the complainant
4. Policy document

By the O.Ps:

1.  Copy of Policy cancellation letter
2. Policy cancellation form
3. Bank statement

 

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