IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, MURSHIDABAD AT BERHAMPORE.
CASE No. CC/64/2017
Date of Filing: Date of Admission: Date of Disposal:
20.04.2017 16.05.2017 04.01.2023
Complainant: 1. Nirmala Das,
W/o Abani Kumar Das
Vill- Shaktipur Mahatapara
P.O.- Shaktipur, P.S.-Rejinagar,
Dist- Murshidabad,
Pin-742163
2. Abani Kumar Das,
S/o Anandi Das
Vill- Shaktipur Mahatapara
P.O.- Shaktipur, P.S.-Rejinagar,
Dist- Murshidabad,
Pin-742163
-Vs-
Opposite Party: 1.Reliance Life Insurance Company Ltd,
H Block 1st floor Dhirubhani Ambani
Knowledge City.
Navi Mumbai,
Maharastra-400710
2. The Manager
Reliance Life Insurance Co Ltd,
Berhampore Branch, 3/20 K.K. Banerjee,
Road 3rd Floor,
P.O. & P.S.- Berhampore
Dist- Murshidabad
Pin-742101
3. Subhajit Santra, (Expunged Vide Order No. 33, dt. 04.12.19)
agent of Reliance Nippon Life Insurance Co Ltd.
4th Floor Shri Manjari
B/1/A Sir Willam Jones Sarani,
Kolkata-700071.
Agent/Advocate for the Complainants : Subhas Saha
Agent/Advocate for the Opposite Parties : None
Present: Sri Ajay Kumar Das…………………………..........President.
Smt. Aloka Bandyopadhyay……………………..Member.
FINAL ORDER
SMT. ALOKA BANDYOPADHYAY, MEMBER
This is a complaint under section 12 of the CP Act, 1986.
One Nirmala Das and Anr. (here in after referred to as the Complainants) filed the case against Reliance Life Insurance Company Ltd & Anr. (here in after referred to as the OPs) praying for compensation alleging deficiency in service.
The sum and substance of the complaint case is as follows:-
The Complainant keeping faith upon the agent of O.P.s Mr. Subhajit Santra made one super investment assurance plan policy on 12.02.2009 having premium of Rs. 5000/- for 15 years and the O.P. issued the policy certificate 13760806 dated 12.02.2009.
The Complainant No. 1 continued the said policy for successive 5 years but due to some personal problems she was debarred from paying the further premium without any intention to discontinue the policy. In the month of March, 2016 the said Shubhajit Santra made a call to the Complainant No. 2 and requested to continue the aforesaid policy by paying Rs. 24999.52/- along with some identity proof. But surprisingly it was found that fresh policy was issued in favour of Complainant No. 2 having premium of Rs. 24999.52/- for a term of 15 years commencing from 15.03.2016 vide Policy No. 52548778. The said Subhajit Santra on contact replied not to worry and stated that Rs. 142000/- is required to be paid for getting in advance the matured amount of the Policy No. 13760806 but surprisingly it was found that a fresh policy was issued vide Policy No. 52620261 dated 18.04.2016 for a term of 15 years. The said Subhajit Santra in the month of May, 2016 further called the Complainant No. 2 and requested him to avail one Medi cliam Policy having premium of Rs. 25999.51/- with a view to take coverage of Rs. 50000/- as the Complainant No. 1 did not avail the same within 5 years from the date of commencement of first policy. Being a village rustic persons on good faith made payment of the said amount but like previous incidence one separate/fresh policy certificate was sent in the name of the Complainant No. 2 having Policy No. 52652847 commencing from 2152016 for a term of 15 years. The Complainants made several correspondence with the O.P. and their agent but of no result. On service of advocate’s notice the O.P.s stated that without any cogent ground except “freelook” period option refused to make refund of premium amount and interest thereon by serving a reply dated 05.10.2016.
As the Complainants are not receiving the premium amount paid by them filed the instant case before this Commission alleging deficiency of services against the O.P.s
Defence Case
After due service of the notice the O.P. No. 1 and O.P. No. 2 did not appear to controvert the plea and thus the case proceeded ex-parte against O.P. No. 1, O.P. No. 2 and on prayer of the complainant O.P. No. 3 was expunged vide Order No. 33 dated 04.12.2019.
On the basis of the complaint the following points are framed for proper adjudication of the case:
Points for decision
1. Are the Complainants consumers under the provision of the CP Act, 1986?
2. Have the OPs any deficiency in service, as alleged?
3. Are the Complainants entitled to get any relief, as prayed for?
Decision with Reasons:
Point no.1, 2 & 3
All the points are taken up together for the sake of convenience and brevity of discussion.
Complainant made one super investment assurance plan policy on 12.02.2009 having premium of Rs. 5000/- for 15 years and the O.P. issued the policy certificate 13760806 dated 12.02.2009. The Complainant No. 1 continued the said policy for successive 5 years but due to some personal problems she was debarred from paying the further premium without any intention to discontinue the policy. In the month of March, 2016 the Complainant No. 2 paid Rs. 24999.52/- along with some identity proof for continuation of the aforesaid policy. But surprisingly it was found that a fresh policy was issued in favour of Complainant No. 2 having premium of Rs. 24999.52/- for a term of 15 years commencing from 15.03.2016 vide Policy No. 52548778. On contact the agent of O.P.s namely Subhajit Santra replied not to worry and stated that Rs. 142000/- is required to be paid for getting in advance the matured amount of the Policy No. 13760806 ( 1st policy) but surprisingly it was found that a fresh policy was issued vide Policy No. 52620261 dated 18.04.2016 for a term of 15 years. The said Subhajit Santra in the month of May, 2016 further called the Complainant No. 2 and requested him to avail one Medicliam Policy having premium of Rs. 25999.51/- with a view to take coverage of Rs. 50000/- as the Complainant No. 1 did not avail the same within 5 years from the date of commencement of first policy. Being a village rustic persons on good faith made payment of the said amount but like previous incidence one separate/fresh policy certificate was sent in the name of the Complainant No. 2 having Policy No. 52652847 commencing from 2152016 for a term of 15 years.
The Complainants in the petition of complaint stated that all these false representation of actual fact has been done by the agent of the O.P.s The Complainants have/had no details knowledge of policy and naturally they have to depend upon the agent and taking the advantage low and education and belief the O.P.s had defrauded the Complainant.
At the time of argument the Ld. Advocate for the Complainant stated that it is not at all believable that one person within a short period will open polices involving such huge premium amount.
The O.P.s did not appear and the case proceeded ex-parte against the O.P.s and the agent of the O.P. i.e., O.P. No. 3 has been expunged on prayer of the Complainant.
Considering the facts and circumstances of the case and the argument advanced by the Ld. Advocate of the Complainants, we are of the view that if the Complainants are interested to surrender the policies even though the “freelook” period had been over, they may do so on depositing the original policy certificates and they should get the amounts as per norms of the policies issued by the O.P.s
Reasons for delay
The Case was filed on 20.04.2017 and admitted on 16.05.2017. This Commission tried its level best to dispose of the case as expeditiously as possible in terms of the provision under section 13(3A) of the CP Act, 1986. Delay in disposal of the case has also been explained in the day to day orders.
In the result, the Consumer case is allowed ex-parte.
Fees paid are correct. Hence, it is
Ordered
that the complaint Case No. CC/64/2017 be and the same is allowed ex-parte against O.P.s but without cost.
The O.P.s are directed to receive the original policy certificates if surrender by the Complainants and to pay the amounts as per norms of the policies.
Let plain copy of this order be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand /by post under proper acknowledgment as per rules, for information and necessary action.
The Final Order will also be available in the following Website:
confonet.nic.in
Dictated & corrected by me.
Member
Member President.
