Smt. Sangita Paul, Member
This is a case was filed by Smt. Sabita Karmakar W/o. Tapan Kumar Karmakar of Village Mitraganj Bazar, P.O. & P.S. – Joynagar, Dist. – South 24 Parganas, Pin – 743 337 against the Manager, Bajaj Allianz Life Insurance Company Ltd., with a prayer for a direction upon the OP to refund the surrendered value of Policy No.0336620317 along with interest to complainant, to pay compensation to the tune of Rs.20,000/- for deficiency in service adopted by the OP and for causing harassment, mental agony and worries to the complainant.
The OP is the Manager, Bajaj Allianz Life Insurance Company Ltd. The address is Aviram Building, 1st Floor, Diamond Harbour, P.O. & P.S. – Diamond Harbour, Dist. – 24 Pgs (South), Pin – 743 331.
The complainant, by filing the case states that the agent of the OP approached the complainant for opening a policy at Bajaj Allianz Life Insurance Company Ltd. Being interested by the presentations of the agent the complainant opened a Life Insurance Policy being No:-0336620317. The Policy commenced on and from 08.08.2017. The complainant paid a sum of Rs.301033/- as first premium of the policy. The complainant received a receipt dated 09.08.2022.
Due to financial problem, the complainant could not be able to continue her policy.
Afterwards, the complainant prayed for refund of money. The complainant expressed her desire to surrender the same. The OP was reluctant to refund the complainant’s investment.
A lawyer’s notice was given to the Op on 28.01.2020.
That the cause of action arose on 28.01.2020 and it is still continuing.
Hence the complainant prays for a direction upon the OP to refund the surrender value of the policy being No.0336620317 along with interest to the complainant to pay compensation to the tune of Rs.20,000/- for deficiency in service, for harassment and mental agony and worries to the complainant and to pay the cost of litigation.
The OP, in the written statement states that the present complaint is wholly misconceived, groundless, frivolous, vexatious and scurrilous.
There is no specific allegations in regard to negligence or deficiency in service. The complainant is not a consumer as per C. P. Act, 2019. The complainant failed to explain the cause of action against the OP. Hence the complaint is liable to be dismissed.
OP states that there is no negligence on the part of the OP. Hence the complaint is not maintainable in its present form. That the present complaint is totally false, fabricated wrong and baseless. The complainant bought the Bajaj Allianz Life Insurance Policy on 08.08.2017. The date of maturity was 07.08.2034. The amount of premium was Rs.3,01,033/-. The sum assured was Rs.14,61,600/-. In the proposal form, the product name or plans and premium amount – everything was written. Everything was within the knowledge of the complainant at the time of filling up the proposal form.
Before taking the policy, a call was made to the complainant informing all the particulars.
The company issued policy bond to the complainant via speed post. The said policy was delivered to the complainant on 16.08.2017.
All the terms and conditions, benefits and maturity benefits were described categorically. A free look cancellation had been given to the complainant. But the complainant had not availed of this opportunity. Policy benefits are clearly defined in the policy terms. As only one premium is given, no surrender value is payable as per the policy terms and conditions.
As it was a life insurance policy, the policy was to give accident benefits if any unforeseen situation arose.
OP is not negligent in providing service. No fault of the OP has been detected.
It is denied and disputed that the complainant is entitled to get any relief as claimed for.
The OP prays for dismissal of the case.
That the case was filed on 20.02.2020 and the case was admitted on 04.03.2020. On 11.04.2022, the complainant files show cause and evidence on affidavit. The ground shown in the show case is found satisfactory. The evidence of complainant was also accepted. On 17.06.2022, the OP files questionnaire. On 27.07.2022, the complainant, by filing a petition prays for treating the evidence on affidavit as reply to the questionnaire. On 05.09.2022, OP prays for treating W/V as evidence on affidavit. The prayer of the OP was allowed. On 18.10.2022, the complainant files questionnaire. Copy served. On 06.06.2023, OP files reply. On 31.03.2023, both parties are present and filed BNA. Heard argument. Accordingly, we proceeded for giving judgement.
Points for consideration :-
- Is the complainant, a consumer?
- Is the OP guilty of deficiency in service and unfair trade practice?
- Is the complainant entitled to get relief as prayed for?
Decision with reasons :-
Point No.1:-
The complainant opened a policy at Bajaj Allianz Life Insurance Company Limited. It was a Life Insurance Policy. The policy was opened on 08.08.2017. The complainant paid a sum of Rs.3,01,033/- as first premium for her Life Insurance Policy. So it appears that the complainant is a consumer U/S 2(7) of the C P Act, 2019. So the first point is decided in favour of the complainant.
Point No:2 :
The complainant was approached by an agent of Bajaj Allianz Life Insurance Company Limited. The complainant wanted to make a Life Insurance Policy. On 09.08.2017, she paid sum of Rs.3,01,033/- as first premium of her Life Insurance Policy. The complainant got the requisite policy paper. The sum assured of the policy was 14,61,600/-. The complainant was supposed to give payment annually. The complainant paid the 1st premium in 2017. She was supposed to give the next premium on 09.08.2018. Due to financial hardship she could not pay the subsequent premiums. The complainant thought to give the premiums regularly, but unfortunately due to her disease, she could not continue the policy – premiums. The complainant was admitted to North City Hospital & Neuro Institute Pvt. Ltd in the month of February, 2022. She was discharged on 28.02.2022. She was suffering from second degree genital prolapse. Before being admitted to the hospital, she has been suffering from disease. Besides she had Type 2 Diabetes Mellitus and Hypertension. She was admitted for Gynaecological problem. She had undergone operations of Vaginal Hysterectomy Colponicaphy and posterior colopenneorrhaphy. Due to all these ailments, she had to spend a lot and could not continue the policy. She wanted to surrender the policy. Due to unfair trade practice and deficiency in service adopted by the OP, the complainant fails to get refund of the amount of Rs.3,01,033/-. So the 2nd point is decided in favour of the complainant and against the OP.
Point No.03 :-
The complainant was not ready for the unforeseen situation. The complainant hoped for continuing the policy. Due to financial hardship, she could not continue the same. The basic reason was also informed to the OP. But the OP is not in a position to refund the same. They told that no question of refund of policy appears. She sent a lawyer’s notice on 28.01.2020. The complainant also informed personally that she is unable to continue the policy. She wants to surrender the same. She is unable to give premium. The policy will be lapsed. So the complainant wants to surrender the Life Insurance policy. As the OP does not want to refund the deposited amount, the complainant spends time in mental agony and pain. Hence she is entitled to get relief as prayed for. So, the third point is decided in favour of the complainant and against the OPs.
In the result, the complaint case succeeds.
Fees paid is correct.
Hence, it is,
ORDERED
That the complaint case be and the same is allowed on contest against the OP with cost of Rs.10,000/- (Rupees ten thousand).
That the OP is liable and is directed to refund Rs.2,70,000/- (After deduction of 10% from the paid amount of Rs.3,01,033/-) along with simple interest @9% p.a. w.e.f. 08.08.2017 till realization within 45 days from the date of this order.
That the OP is liable and is directed to pay compensation to the tune of Rs.20,000/- (Rupees twenty thousand) for deficiency in service and mental agony caused to the complainant.
That the complainant is at liberty to put the order into execution if the orders are not complied with within 45 days from the date of this order.
Let a copy of this order be supplied to the parties concerned free of cost.
That the final order will be available in the following website: www.confonet.nic.in.
Dictated and corrected by me.
Sangita Paul
Member
