PER MR.B.S.WASEKAR, HON’BLE PRESIDENT
1) The present complaint has been filed by the complainant under section 12 of the Consumer Protection Act, 1986. According to the complainant, she purchased policy from the O.P. bearing No.000000206414 by paying premium of Rs.9,617/- dated 1st July, 2003. The policy was for Rs.1 Lakh and the last premium date was 1st July, 2012. Maturity date was 1st July, 2013. After maturity, the complainant requested the O.P. to pay the maturity amount. Instead of paying maturity amount, the O.P. insisted the complainant to invest the maturity amount in other plans. The complainant was not interested to invest the maturity amount in other plan of the O.P. In spite of several requests and correspondence, the O.P. failed to pay the maturity amount. Therefore, the complainant has filed this complaint for recovery of maturity amount of Rs.1,35,188/- with interest. She has also claimed compensation and cost of the proceeding.
2) The O.P remained absent though duly served therefore the matter was proceeded exparte against the opponent vide order 10th July, 2014. Heard Smt.Hemangi Pathare, Advocate for the complainant.
3) The complainant filed affidavit of evidence in support of the complaint. She has also produced copies of policy and correspondence. The evidence produced by the complainant remained unchallenged. The evidence on record is sufficient to show that the complainant purchased the policy and it was matured on 1st July, 2013. The maturity amount was Rs.1,35,188/-. In spite of several requests, the opponent avoided to pay the amount and insisted the complainant to invest it in other plan. The opponent can not insist the complainant to invest the maturity amount in other plan. The complainant has specifically refused to invest the maturity amount with other plan of the O.P. The complainant is a senior citizen. The opponent has unnecessarily harassed the complainant therefore the complainant is entitled for compensation for harassment.
4) Thus, the complainant is entitled for maturity amount of Rs.1,35,188/- with interest. We think compensation of Rs.10,000/- will be reasonable compensation for harassment. Besides this, the complainant is entitled for the cost of Rs.3,000/-. Hence, we proceed to pass the following order.
ORDER
- Complaint is allowed.
- The Opponent is directed to pay Rs.1,35,188/- (Rs.One Lakh Thirty Five Thousand One Hundred Eighty Eight Only) to the complainant with interest at the rate of 9% per annum from the date of maturity of policy i.e. 1st July, 2013 till realization.
- The Opponent is further directed to pay Rs.10,000/- (Rs.Ten Thousand Only) to the complainant as compensation for harassment.
- The Opponent is also directed to pay Rs.3,000/- (Rs.Three Thousand Only) to the complainant as cost of this proceeding.
- The above order shall be complied with within a period of one month from today.
- Copies of this order be sent to the parties free of cost.
Dictated & Pronounced on 3rd September, 2014