Apurba Kumar Ghosh, President.

FINAL ORDER/ JUDGEMENT

The complainant has files this case under the provisions of the C.P. Act. 2019 and praying for following relief/order:

1. Direction against the OP to hand over the statement of account to the complainant
2. Direction against the OP to pay appropriate interest on Rs. 40,000/- only for 10 years to the complainant.
3. Direction against the OP to pay a sum of Rs. 50,000/- to the complainant for mental pain and physical harassment.
4. Direction against the OPs to pay a sum of Rs. 30,000/- to the complainant for unfair trade practice.
5. Direction against no. 1 & 2 to pay a sum of Rs. 30,000/- to the complainant towards legal expenses.
6. Any other relief/reliefs which the complainant is legally entitled.

Brief fact of the complaint

1. The complainant is a law abiding citizen who is a consumer under the provision of C.P. act 2019.
2. The complainant took one life insurance policy from the OP on 26.03.2010 and the said life insurance was for 10 years with a coverage of Rs. 2,00,000/- and there was one time premium of Rs. 40000/- .
3. That after completion of 10 years on 26.03.2020 the OP paid an amount of Rs. 42,685 to the complainant.
4. That the OP had paid a sum of Rs. 2685/- only as interest on Rs. 40,000/- after 10 years.
5. That after receiving the said sum of money from the OP the complainant went to the OP asking for giving statement of account to which the OP asked the complainant to send e-mail to Mumbai head office of the OP.
6. That the complainant sent e-mail the head of the OP on 11.06.2020, 16.06.2020, 24.06.2020 and 25.06.2020 but did not get any positive result.
7. That again on 09.07.2020 the complainant gave an application to the OP asking for supply of statement of account but the OP told that the statement will be supplied to his home.
8. That no statement of account was received from the OP then the complainant made an application for mediation through the CA & FBP Siliguri RO on 23.12.02020, notice was sent to the OP on 13.01.2021, 19.02.2021 and 17.03.2021 but the OP did not appear on any date.
9. That the cause of action arose on 26.03.2020 when the complainant got the maturity amount and the same continues as the OP did not provide him the statement of account and also continued as on the date of mediation the OP did not appear there, the same is still continuing as the OP has not provided any explanation till today.

Notice was sent from this commission on the OP which was duly served. On receipt of notice the OP appears before this commission on 30.01.2023 and took time for filing written version. Time was given for filing W/V on 02.03.2023 and due to non filing of W/V by the OP next date was fixed for ex-parte hearing.

In support of the complaint Ld. Advocate of the complainant files the following documents:

1. Photo copy of policy bond
2. Copy of email
3. Photo copy of received copy of application dt. 09.07.2020
4. Photo copy of application to CA & FBP Siliguri RO
5. Photo copy of mediation notices

Having heard the Ld. advocate of the complainant and on perusal of the complaint, documents filed by the complainant in original the following points are to be decided by this commission.

POINTS FOR CONSIDERATION

1. Whether the complainant is a consumer as per the provision of C.P. Act. ?
2. Whether the case is maintainable in its present form and prayer under the provision of the C.P. Act. ?
3. Whether there is any cause of action to file this case by the complainant?
4. Whether there was deficiency in service on the part of the OP as alleged by the complainant?
5. Is the complainant has able to prove this case and entitled to get any relief as prayed for?

DECISION WITH REASONS 

All the points are taken up together for discussion to avoid unnecessary repetition and for the sake of convenience and brevity of this case.

Ld. advocate of the complainant was given opportunity to prove its case through evidence either by way of filing written evidence in the form of an affidavit or by filing documents in support of this case.

To prove the case the complainant has filed written evidence in the form of an affidavit. They also filed the above stated documents along with policy certificate in original.

Ld. advocate of the complainant in its written evidence has specifically corroborated the contains of the complaint and has stated on which day he purchase the policy from the OP and he also stated how much amount he gave the OP for purchasing the policy. He also specifically corroborated the date of its maturity and he praying for relief as per the prayer of his complaint.

Ld. advocate of the complainant files WNA. In the WNA he also specifically stated how the complainant was deprived from the maturity amount though in the policy bond it is specifically stated about the entitlement of the policy holder/ complainant.

Having heard the Ld. advocate of the complainant and considering the unchallenged evidence of the complainant. It reveals that the complainant has been able to prove the fact that he purchased one insurance policy from the OP on 26.03.2010 by paying a sum of Rs. 40,000/-. It is also proved on the side of the complainant that the complainant had purchased the policy and the tenure of the policy was 10 years from the date of its purchase. The complainant has also proved before this commission that the OP after the date of maturity only gave a sum of Rs. 42,685/- though they received a sum of Rs. 40,000/- as the consideration amount of the policy bond. It is also proved on the side of the complainant that he sent several emails on 11.06.2020, 16.06.2020, 24.06.2020 & 25.06.2020 to the OP but despite receiving emails the OP make no reply to the complainant. Moreover despite receiving notice of this commission the OP did not file any written version before this commission to contest this case. From the said unchallenged evidence of the complainant we are of the view that the complainant has been able to prove its case to the effect that there was clear deficiency in service on the part of the OP as well as restrictive trade practice who did not bother to make payment of the matured amount to the complainant on maturity of the policy.

Hence, it is therefore,

O r d e r e d

That the instant consumer being No. 42/2022 is allowed on ex-parte against the OP but in part.

The OP is directed to pay interest @7% per annum on Rs. 40,000/- with effect from date of purchase of the policy i.e. since 26.03.2010 after deducting 42,685/- (which the OP has already paid).

The OP is also directed to pay a sum of Rs. 20,000/- to the complainant towards mental pain, physical harassment, deficiency in service as well as restrictive trade practice on the part of the OP.

The OP is also directed to pay a sum of Rs. 5000/- to the complainant towards cost of legal proceedings.

The OP is further directed to pay a sum of Rs. 10,000/- to the Consumer Legal Aid Account bearing A/C No. 34984097090 of this Commission.

The OP is directed to pay the awarded amount within 45 days from this day failing which the complainant is at liberty to file execution case and the OP will have to pay interest @ 7% per annum till making payment of the entire amount.

Let a copy of this order be given to the Complainant free of cost.