DATE OF DISPOSAL: 03.12.2024
PER: SRI SATISH KUMAR PANIGRAHI, PRESIDENT(I/C)
The fact of the case in brief is that the complainant has filed this Consumer complaint Under Section 35 of the Consumer Protection Act, 2019 alleging deficiency in service against the Opposite Parties (in short O.Ps.) for redressal of his grievance before this Commission.
2. During the month of January 2013 the O.P.No.1 convenience to complainant to deposit approx amount of Rs.18,000/- as yearly premium of a Reliance child plan ( a Life Insurance & Money Bank policy No. 50937791) which should deposit only for 10 years i.e. for Rs.1,80,000/- only for Base sum assured Rs.1,33,000/-. They have narrated its lucrative bonus amount i.e. after ten years one musts get an amount of Rs.1,20,000/- to Rs.1,50,000/- as bonus as well as money back amount of Rs.33,000/- X 3 times and after several pressure as well as request from O.P.No.1 Branch sale Managers side complainant deposited the said amount through the concerned sales team. As per provision the complainant deposited peacefully for ten years and get Rs.33,000/- X 3 times in aforesaid ten years duration as money back return. It is astonished completion of 10 years/maturity period i.e. after 10.04.2023 the complainant received an amount of Rs.72,019/- instead of commitment assured amount of Rs.1,50,000/- values as bonus. The complainant has deposited an amount of Rs.1,78,450/- for total period of ten years out of which he received an amount of Rs.99,000/- as money back (in three terms i.e. @ Rs.33,000/-) i.e. it is meant say that total the complainant received including money back and final bonus amount is less than deposited amount of Rs.7,400/- which harassment and cheating nature of O.P.No.1 company is not tenable in the eyes of law to its customer. The complainant sent legal notice on dated 21.06.2023 but all in vain. The O.P.No.1 credited an amount of Rs.16,375/- to the complainant’s bank account without issuing any letters of credit and narration for which the complainant is in doubt regarding the mischievous action of the O.P. complainant and continuously harassing by the O.P. company to the complainant. Alleging deficiency in service on the part of the O.P.No.1 the complainant prayed to direct the O.P.No.1 to pay an amount of Rs.50,000/- towards compensation for mental harassment in the best interests of justice.
3. The Commission admitted the case and issued notice to the Opposite Parties.
4. The O.Ps filed written version through their advocates. The complainant had applied as the proposer for the Reliance Child Plan through a duly filled and signed proposal form bearing Application No. D-5659699 for a sum assured of Rs.1,33,000/- with an installment premium of Rs.18,000/-payable on a yearly basis for 10 years with the policy maturing after 10 years as well. The company issued the insurance policy bearing number 50937791 on 10.04.2013 and the policy documents were successfully delivered to the registered address of the proposer on 20.04.2013. On 10.04.2023 the complainant received an amount of Rs.72,019/- from O.P. and after receiving of legal notice of the complainant by the O.P.No.1 dated 22.06.2023 the O.P.No.1 again credited an amount of Rs.16,373.63 on 23.06.2023 to the account of the complainant which crystal clear that the O.P. company has suppressed the material facts of the interest/bonus amount and after receiving the legal notice from the complainant the O.,P. has send some meager amount instead of full amount of bonuses/interest which is legitimate claim to the complainant and credited less amount denies just like a chocolate given to a child. It is a crystal clear about the cheating and harassment nature of the O.P. Company shown the exploiting nature in the name a big fame company name which is completely violation of justice and nature of trade practice. Neither has it been promised by the company at any point in time, either through the policy documents or otherwise, nor its there any occasions for the complainants to be under the impression, that the maturity amount paid to him on maturity of the policy would be equal to the total amount of premium paid by him. The survival benefit/fixed benefit shown in the policy schedule has been paid to the complainant as per clause No.2 of the policy term and conditions. Hence the prayer clause of the complaint is absolutely untenable. It is vehemently denied that the complainant is entitled to any further bonus, interest, costs, compensation, or any other amount whatsoever from the O.P. Hence the O.Ps prayed to dismiss the case.
5. On the date of hearing, the Ld. Counsel for the Opposite Parties and the Complainant in person were present and submitted their argument. The Commission heard at length on the point of issues from the parties and minutely verified the complaint, written versions, and evidence on affidavits, written arguments and documents available in the case record.
6. On examination of the evidences and documents adduced by the parties, it is comes to light that, the agent and Branch Manager of the O.Ps could able to convince the complainant about the benefits which will get after the maturity. The opposite party no.1 failed to substantiate that their agent and branch manager has not committed to provide lucrative returns on the said purchase of insurance policy. Further, the O.Ps have not provided such benefits to the complainant as committed earlier as the O.P. proved that said insurance policy services do not have any benefits as claimed by the complainant. Therefore, the complainant could able to bring the case under unfair trade practice - section 2(47) (1)(d) of the Consumer Protection Act, 2019 on the part of the opposite party no.1.
7. Considering the above statute, factual aspects and discussion the Commission allowed the complaint of the complainant against the O.P.No.1 and dismissed against the O.P.No. 2 & 3. The Opposite Party No.1 is directed to pay compensation and litigation cost of Rs.25,000/- to the complainant taking into consideration the great harm done to the complainant by the O.P.No.1 within 45 days from the dates of receipt of this order failing which all the dues shall carry 9% interest per annum till actual date of realization from the date of filing of this case i.e. on 21.08.2023 and the complainant is at liberty to take appropriate steps in accordance to the Consumer Protection Act, 2019 for realization of all dues. This case is disposed of accordingly.
The Judgment be uploaded on the www.confonet.nic.in for the perusal of the parties.
A certified copy of this Judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 2019.
The file is to be consigned to the record room along with a copy of this Judgment.
Pronounced on 03 December 2024.
