Today is fixed for hearing on the point of admissibility of this complaint.

Ld. Counsel for the complainant is present who has advanced argument on the point of admission of this complaint.

We have carefully perused the petition of complaint as also the documents as available in the record.

It is seen by us that in the complaint petition the complainant has prayed for direction upon the Op Insurance Company to accept the annual premium to the tune of Rs. 32,087/- and issuance of a renewed policy in favour of the complainant It is evident from the paragraph no. 11 of the petition of complaint that admittedly the complainant was insured under the coverage of an insurance policy with the Op for the period from 15.07.2020 to 14.07.2021. Before expiry of the said Policy the complainant deposited the annual premium with the Op for renewal of the Insurance Policy for the period from 15.07.2021 to 14.07.2021. After depositing the renewal amount to the tune of Rs. 32,087/- the Op had received the said renewal amount but surprisingly the complainant received the entire renewal amount as paid by her towards refund though online bank transfer. The Op had refund the annual premium amount on 04.09.2021. Admittedly no reason was assigned by the Op for such refund of the renewal amount and being aggrieved with such refund by the Op arbitrarily without assigning any forwarding letter the complainant has approached before this Ld. Commission by filing this complaint praying for abovementioned prayer along with to reimburse the total claim submitted before them for the treatment of the complainant to the tune of Rs. 4,17,629/- along with penal interest @ 18% p.a. together with compensation for Rs. 4,00,000/- for mental agony, punitive damage Rs. 3,00,000/- for adopting unfair trade practice and litigation cost of Rs. 50,000/-.   

It is apparent from the prayer portion of this Complaint that the complainant has prayed for reliefs on two counts ie. one for acceptance of the annual premium and issuance of renewal policy and another for reimbursement of the total amount submitted by her along with interest.

In this connection we are to say that admittedly before expiry of the earlier policy which was due on 14.07.2021 the complainant deposited annual premium amount to the Op for issuance of insurance policy for the next year. Record reveals that the premium amount acknowledged by the Op on 11.07.2021. But after holding the said amount the Op had transferred the annual premium amount of Rs. 32,087/- in the account of the complainant through online, as paid by the complainant without assigning any reason for such refund. Therefore it is crystal clear that after expiry of the earlier policy which was ended on 14.07.2021, no insurance policy with the Op in the name of the complainant is not in force. As the annual premium amount has already been refunded by the Op to the complainant, we cannot say that the premium amount is still under the custody of the Op. Therefore after expiry of the earlier policy on 14.07.2021 there is no privity of contract by and between the complainant and the Op. At this juncture the complainant is not a consumer of the Op and simultaneously the Op is not a service provider of the complainant. The complainant has prayed for direction to the Op for acceptance of the annual premium amount and issuance of an Insurance policy in her favour but the Consumer Commission cannot pass such order to this effect. In this regard the complainant can approach before the competent Court for redressal of her grievance.

Regarding the second prayer as made out by the complainant the same is tanable before this Consumer Commission under the CP Act, 2019, but at this juncture the said prayer cannot be accepted as the complainant has cloubed together two different reliefs in a single complaint.

Going by the foregoing discussion hence it is ordered that the CC-295/2021 is hereby dismissed without being admitted. There is no order as to cost.

As the Consumer Complaint is not admitted the MA being no. 54/2021 filed by the complainant is accordingly dismissed.

In respect of the first prayer the complainant is at liberty to approach before the Appropriate Court for redressal of her grievance, if not barred otherwise.

In respect of the second prayer the complainant is at liberty to approach before the Appropriate Commission/Court for redressal of her grievance after removing the abovementioned defect, if not barred otherwise.

The complainant is also at liberty to get return the copy of the complaint and the documents from the appropriate authority of this Commission as the complaint is not admitted. In this respect the complainant is further directed to submit a separate application praying for return of the abovementioned documents. The appropriate authority of this Commission is hereby directed to take necessary step upon receipt of the application from the complainant so that the complainant can get return of the aforementioned without any further delay.

Let plain copy be given to the parties free of cost, as per CPR.

    Dictated and corrected by

[HON'BLE MR. Lakshmi Kanta Das]
                     PRESIDENT