Orissa

Cuttak

CC/73/2018

Kanaklata Behera - Complainant(s)

Versus

The Manager,Bajaj Allianz Life Insurance Company Limited - Opp.Party(s)

N K Dash

19 Sep 2022

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

                                                                                   C.C.No.73/2018

Kanakalata Behera,

W/O:Pabitra Behera,

At/PO:Sunakhandi,Dist:Cuttack.                                                ... Complainant.

 

                                                Vrs.

1.        The Manager,

Bajaj Allianz Life Insurance Company Ltd.,

GE Plaza,Ground Floor,Airport Road,

Yerawada,Pune-411006.

 

2.        The Manager,

Bajaj Allianz Life Insurance Company Ltd.,

168B,Sisu Bhawan Square,Forest Park,

Bapuji Nagar,Bhubaneswar,Dist:Khordha.

 

3.       The Post Master,Sub-Post Office,

Sunakhandi,Salipur,Dist:Cuttack.

 

4.       The Post Master,

Salipur Post Office,Salipur,

Dist:Cuttack.                                                                                 ... Opp. Parties.

                       

Present:               Sri Debasish Nayak,President.

                                Sri Sibananda Mohanty,Member.

 

Date of filing:    13.07.2018

Date of Order:  19.09.2022

 

For the complainant:          Mr. N.K.Dash,Adv. & Associates.

For the O.Ps   1 & 2  :          Mr. G.P.Dutta,Adv. & Associates.

For the O.Ps 3 & 4    :           Mr. Amiya Kumar Pattnaik(C.G.C).

 

Sri Debasish Nayak,President                                                          

            The case of the complainant in short is that she had taken one LIC policy with effect from 18.12.2009 from the O.Ps with annual premium @ Rs.25,000/- for a period of 10 years.   Since because she could not deposit any further premium she opted to close the said policy and demanded the money which he had paid towards the premium for the said policy to the O.Ps.  When no result yielded he had filed this case claiming compensation to the tune of Rs.1,00,000/- and also for any other relief as deemed fit and proper.

            To further her case, the complainant has filed the policy copies.

2.         On the other hand, out of the four O.Ps, O.Ps no.1 & 2 have conjointly filed their written version while contesting this case and O.Ps no.3 & 4 have also conjointly filed their written version while contesting this case.  As per the written version of O.Ps no.1 & 2, the case being not maintainable is liable to be dismissed with cost.  They admit about the policy as opted by the complainant on 18.12.2009 whose maturity date was suppose to be 18.12.2009 but when the complainant did not pay any further premium and had requested for its foreclosure, a sum of Rs.24,594/- on 10.8.18 was sent back to the complainant through postal service bearing cheque no.054887 dt.20.12.14 drawn on Axis Bank Ltd.  The said cheque was received by the complainant and was deposited in her account bearing no. 46360100002996 at Bank of Baroda on 7.1.15 and the amount was thereafter duly cleared.  So, the money has already been credited on her account.  Thus, there were no deficiency in service or unfair trade practice adopted by them for which O.Ps no.1 & 2 have prayed to dismiss the case which is not maintainable with the cost.

            O.Ps no.1 & 2 have filed xerox copies of the documents vide Annexure-A showing the letter of the complainant dt.22.2.18 in order to get back her deposited sum of Rs.25,000/-.  Annexure-B showing the details of the policy as opted by the complainant.  Annexure-C is the cheque showing the payment made to the complainant for a sum of Rs.24,594/- drawn on Axis Bank vide cheque no.54887 dt.20.12.14 which was credited to the Bank of Baroda account of the complainant on 7.1.15 vide her account no.46360100002996(Annexure-D).

            O.Ps no.3 & 4 have also filed their written version wherein they have stated that the case of the complainant is not maintainable which is liable to be dismissed.  As it appears from the written version of these two O.Ps 3 & 4 they have absolutely no role in the present case which is mainly filed by the complainant claiming from O.Ps no.1 & 2.

3.         Keeping in mind the contents of the complaint petition and the contents of both the written versions, this Commission is of a view to settle the following issues in order to arrive at a proper conclusion here in this case.

i.          Whether the case of the complainant is maintainable?

            ii.         Whether the O.Ps were deficient in their service towards the complainant?

            iii.        Whether the O.Ps had practised unfair trade?

            iv.        Whether the complainant is entitled to the reliefs as claimed?

Issue no.i.

            Issue no.1 being the most pertinent issue is taken up first for consideration here in this case.  On perusal of Annexure-A,B,C & D as filed together with the written version of the O.Ps 1 & 2, this Commission comes to a conclusion that infact the money of Rs.25,000/- which was paid by the complainant to the O.Ps was returned back to her after deducting the processing charge and after due process of law.  The complainant after receiving the said amount of Rs.24,594/- has filed this case.  Thus, the case as filed by the complainant can never be said to be maintainable here.  Accordingly, this issue goes against the complainant.

Issues no.2,3 & 4.

            When the O.Ps no.1 & 2 had returned the money as due to the complainant after due process of law, it can never be said here in this case that there was any deficiency in service and if, the O.Ps had practised unfair trade.  As such, it can never be said here that the complainant is entitled to any of the reliefs as claimed.  Accordingly, all these three issues go against the O.Ps.  Hence it is so ordered;

                                                           ORDER

            The case is dismissed on contest against the O.Ps and as regards to facts and circumstances of the case without cost.

Order pronounced in the open court on the 19^th day of   September,2022 under the seal and signature of this Commission.           

                                                                                                                                Sri Debasish Nayak

                                                                                                                                            President

                                                                                                                                                              Sri Sibananda Mohanty

                                                                                                                                Member