Orissa

Rayagada

CC/240/2015

Smt.Rajeswari Kumabhar, - Complainant(s)

Versus

The Manager, Reliance Life Insurance Co. Ltd, - Opp.Party(s)

Sri Ganesh Kumar Pande

03 Mar 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, RAYAGADA

 

C.C. Case No.240/ 2015.

 

P R E S E N T .

Sri Pradeep Kumar Dash, LL.B                                     President.

                                           AND

Smt. Ch. Nirmala Kumari Raju, LLB                              Member 

 

Smt.Rajeswari Kumbhar, aged about 23 yars, Daughter of Gopal Kumbhar, W/o Raghunath @ Rabi Kumbhara, Resident of village: Bhaleri, P.O.Chalakambh, P.S. Gunupur, Dist. Rayagada, Odisha.                                                                                                                                                      …..Complainant

Vrs.

      Reliance Life Insurance Company Limited,(Regd.No.121) ,H.Block,1^st floor,             Dhirubai Ambani Knowledge City, Navi Mumbai, Maharashtra being         represented by its Branch Manager, Rayagada Branch Office, Kapilas Road,        Rayagada, Po/Ps/Dist. Rayagada                                     …..Opp.Party

For the Complainant:  In person

        For the O.P:   Sri Ram Prasad Patra & Associate Advocates, Rayagada.

                                                            JUDGMENT

                        The  facts of the case in brief is that  the complainant is the policy holder of Reliance Life Insurance Company Limited  and he has deposited Rs.30,000/- on 10.2.2010 at Rayagada branch office  under the plan Reliance Super Market Return Term 10 Plan(Single) through the agent of the company  and the company has issued a policy  bearing Client ID No.73774845 to the petitioner.  The complainant approached the Opp.Party  for surrender of the policy on 21.1.2015 at Branch Office ,Rayagada  but the Opp.Party  told that the amount in the above policy has been paid to the policy holder  but the petitioner has not received the said amount till today and due to such negligence of the company the petitioner has sustained heavy loss and mental agony  and hence prayed to direct the O.p to pay the matured amount  of the above policy  and to pay RS.20,000/- as compensation to the petitioner .                    On being noticed, the O.Ps  appeared through their Counsel  before this forum and filed their written version/objection inter alia denying the petition allegations on all its material particulars. It is submitted  by the O.P that   the policy was surrendered on 23.05.2014 and  the amount was transferred to her account No.33823714722 of SBI and an amount of Rs.40,549.98  was transferred  online vide HDFC NEFT Ref No.140529997325 dt.29.05.2014 and now after receipt of the surrender amount the complainant with manipulative gluttony  has again come up with this frivolous litigation and hence this complaint is liable to be dismissed . The complainant has wilfully voluntarily surrender the policy and accepted the surrender amount without any protest. The complainant  has failed to make out a prima facie case against the Opp.Party and hence the  relief sought for  buy the complainant  are denied as false, unsustainable and without any merits and hence, the complaint petition be dismissed with cost.                                     FINDING

                        It is the case of the complainant that  he has deposited  Rs.30,000/-  with the Opp.Party as a single premium and when he wanted to surrendered the Opp.Party replied  that the complainant has already surrendered the policy and has taken the amount with interest to which the complainant strongly opposed. In reply the Opp.Party  has submitted that the complainant has surrendered the policy on 23.05.2014 and  the amount was transferred to her account No.33823714722 of SBI and an amount of Rs.40,549.98  was transferred  online vide HDFC NEFT Ref No.140529997325 dt.29.05.2014. If it is so, to substantiate their claim the Opp.Party has not filed a single piece of papers regarding the payment of surrender amount to the complainant and simply they have  submitted that the complainant has already surrendered the policy and the policy amount was paid to the complainant to which we do not believe. If it is so, the Opp.Party would have filed the documentary evidence  to substantiate their case. But in the instant case the Opp.Party has not

not filed any document in support of their case. Hence, we do not believe the mere submission of the Opp.Party in absence of any documentary evidence.                                         In the above facts and  circumstances,  the  submission   of Opp.Party  is   quite unbelievable and the action of the O.P is  doubtful which amounts to unfair trade practice for which they are liable to pay the  deposited amount  along with compensation  and cost to  the complainant  towards  his harassment and mental agony. Hence, we pass the following orders.

                                           ORDER 

The Opp.Party  is liable to pay  the deposited amount of Rs.30,000/- with applicable benefit as per the term and conditions of the policy bond   from the date  of deposit  till its realization    to the complainant  along with compensation of Rs.5,000/- for harassment and mental  agony caused to the complainant. Further the O.Ps are liable to pay Rs.1500/-   towards cost of litigation to the complainant within one month from the date of receipt of this order , failing which the O.Ps are liable to pay   penal interest @. 12 % on the entire awarded amount till its realization.

                        Pronounced in open forum today on this  18^th day of February,2016 under the seal and signature of this forum.

                        Send the copy of order to the parities free of cost.

 

Member                                                                                               President

Documents  relied upon:

By the complainant: 

1. Copy of First Premium Receipt
2. Copy of Policy Schedule
3. Copy of application form

By the O.Ps:  Nil

 

                                                                                                            President