Ld. Advocate(s)
For Complainant: Tathagato Biswas
For OP/OPs : None.
Date of filing of the case :25.02.2022
Date of Disposal of the case : 21.06.2023
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Final Order / Judgment dtd.21.06.2023
Complainant above named filed this complaint u/s 35 of the Consumer Protection Act, 2019 against the aforesaid opposite party praying for payment of Rs.4,00,000/-, interest, damages for harassment and physically injury and mental agony amounting to Rs.2,00,000/-, cost of the case and other reliefs.
He alleged in the petition of complaint that he and the OP entered into an agreement for Insurance. The representative of OP company approached before the complainant and projected several schemes of OP company and upon persuasion of such representative, complainant showed interest in one of the plans of Insurance and being customer of OP obtained plans namely Exide Life Star Saver and Exide Life Assured Gain Plus being policy no.03382624 and 03382667 respectively. Complaint has made total sum assured of Rs.4,00,000/- in respect of aforesaid plans on 26.07.2016 and OP received the same. Said premium certificate has annexed with the petition of complaint with marked A. Thereafter, OP Company neither made any communication to the complainant. Complainant is suffering with mental pain and agony. He is apprehending that his money may be forfeited out of such apprehension. Complainant sent a legal notice through his Ld. Advocate to the OP on 09.11.2021 directing the OP to share the status of policy within 7 days. Copy of the same has annexed with the petition of complaint with mark C. OP company gave a reply to the complainant which has annexed with the petition of complaint with marked D. OP company being in their reply admitted the receipt of aforesaid amount but they pointed some facts. Even no statement was given to the complainant. Complainant apprehending that his aforesaid fund may be forfeited. Hence, he filed this case.
On perusal of order dated 27.06.2022, we find that case is running ex-parte against the OP.
Trial
During trial complainant filed affidavit in chief of the complainant.
DOCUMENTS
Complainant filed following documents viz:-
- Premium paid certificate for the financial year, 2016-2017 dated 20.11.2019...........(One sheet).........(Net copy)
- Statement of accounts .........(One sheet)..........(Net copy)
- Postal Receipt dated 09.11.2021.......(One sheet)........(Original)
- Legal Notice........(Two sheets)..........(Original)
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- Reply of OP in respect of legal notice dated 09.11.2021........(Three sheets).........(Original)
Brief Notes of Argument
Complainant filed BNA.
Decision with Reasons
We have carefully gone through the petition of complaint filed by the complainant, documents filed by the complainant, affidavit in chief filed by the complainant and BNA filed by the complainant. We have considered the same.
On careful perusal of Annexure-A and documents filed by the complainant during trial, we find that OP No.2 had issued receipt in respect of Rs.1,99,999.48 in respect of Exide Life Star Saver 114NO80V01. He also issued receipt amounting to Rs.1,99,999.48 in respect of Exide Life Assured Gain Plus 114NO73V01. They mentioned that complainant paid Rs.3,99,998.96.
So, it is clear before us that complainant deposited the aforesaid amount before the OP in respect of aforesaid two plans. Complainant filed statement of account. From which it appears that aforesaid amount has transferred in favour of the OP on 26.07.2016. We find that on 26.07.2016 complainant paid aforesaid amount of Rs.4,00,000/- and said Rs.4,00,000/- has deducted from his account lying at ICICI bank.
On perusal of original legal notice dated 09.11.2021, we find that Ld. advocate for the complainant stated that he is suffering with mental pain and agony and mental trauma and complainant is apprehending that his money may be forfeited. OP Company gave a reply in respect of the said Advocate’s letter. They stated that the policy no.03382624 where the basic sum assured was Rs.6,39,183/- for each premium to be paid annually @ Rs.1,92,752/- for a premium paying term of 5 years. Policy term is 10 years. He further stated that complainant also submitted another proposal for another policy vide no.03382667 on 25.07.2016, where the basic sum assured on maturity was Rs.7,67,765/- and premium to be paid annually @ Rs.1,92,752/- for a premium payment term of 5 years but policy term is 10 years. Complainant after understanding the terms and conditions made the said proposal. Complainant had the option to cancel the policy by stating the reason for his objection within 15 days from the date of receipt of policy bond. But complainant after receipt of said policy did not raise any objection. He further stated that policy documents are lying under the custody of complainant. He further stated that complainant did not follow the condition of the policy. Ld. Advocate
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for the complainant argued at the time of hearing that the contentions of the reply of OP are not true. OP never issued any policy in favour of the complainant. Complainant never received any policy from the OP which has stated in the aforesaid reply. So complainant is totally in dark about the aforesaid contention of the OP. He further argued that if the complainant received those policy then he would raise objection. He further argued that intention of the OP is very much clear. They want to grab the money of the complainant by aforesaid method.
I have stated earlier that it has been established that OP had received Rs.4,00,000/- from the complainant. It has also established that OP not yet issued any policy in favour of the complainant as per the reply of his Ld. Advocate.
In view of the aforesaid discussion it has been established that OP did not issue any other documents in favour of the complainant except the premium paid certificate for the financial year, 2016-2017.
In the reply of OP, it has mentioned that yearly premium of the aforesaid two schemes was Rs.1,92,752/- each. But premium paid certificate does not state any such contention that premium of both the scheme were at the rate of Rs.1,92,752/- each. In the premium paid certificate, there is no such note that it is a policy where premium payment tenure is 5 years at the rate of Rs.1,92,752/-.
From the aforesaid discussion, it is clear before us that complainant is a consumer and OP is a service provider.
Having regard to the facts and circumstances to this case, documents on record, we are of the firmed view that the act which has been done by the OP are nothing but deficiency in service and complainant has established his grievance against the OP and complainant is entitled to relief as per his prayer.
In the result present case succeeds.
Hence,
It is
Ordered
that the present case be and the same is allowed on contest against the OP with cost of Rs.3,000/- (Rupees Three thousand) to be paid by OP in favour of the complainant.
OP is directed to refund Rs.4,00,000/-(Rupees Four lakh) in favour of the complainant along with interest at the rate of 9% per annum from 26.07.2016 to till the date of actual payment within one month from this
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date failing which complainant shall have liberty to put this order into execution.
OP is further directed to pay compensation amounting to Rs.30,000/- (Rupees Thirty thousand) in favour of the complainant within one month from this date failing which aforesaid amount shall carry interest at the rate of 9% per annum from this date and complainant shall have liberty to put this order into execution.
Let a copy of this final order be supplied to both the parties as free of costs.
Dictated & corrected by me
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PRESIDENT
(Shri DAMAN PROSAD BISWAS,) ..................... ..........................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
I concur,
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MEMBER
(NIROD BARAN ROY CHOWDHURY)
