West Bengal

Rajarhat

CC/161/2021

Smt. Bharati Sinha Roy W/o B.N Sinha Roy - Complainant(s)

Versus

The Sandeep Ghosh, Managing Director and CEO. Bharti AXA Life Insurance Co. Ltd. - Opp.Party(s)

Mr. Tarasankar Bhattacharjee

12 Aug 2021

ORDER

Additional Consumer Disputes Redressal Commission, Rajarhat (New Town )
Kreta Suraksha Bhavan,Rajarhat(New Town),2nd Floor
Premises No. 38-0775, Plot No. AA-IID-31-3, New Town,P.S.-Eco Park,Kolkata - 700161
 
Complaint Case No. CC/161/2021
( Date of Filing : 22 Apr 2021 )
 
1. Smt. Bharati Sinha Roy W/o B.N Sinha Roy
Residing at IA-93, Sector-III, Purbachal, Saltlake, Kolkata-700097, P.O- Purbachal, P.S- Bidhannagar (South)
2. Smt Amrapali Sinha Roy D/O B.N. Sinha Roy
Residing at IA-93, Sector-III, Purbachal, Saltlake, Kolkata-700097, P.O- Purbachal, P.S- Bidhannagar (South)
...........Complainant(s)
Versus
1. The Sandeep Ghosh, Managing Director and CEO. Bharti AXA Life Insurance Co. Ltd.
Registered office Unit 601 and 602 6th Floor, Raheja Titanium off Western Express Highway, Goregoan (E) Mumbai- 00063
2. The Manager, Bharati AXA Life Insurance Company Ltd. Kolkata
Office 1st Floor, Kankaria Mansion , 7 Kyd Street , Kolkata-700016.P.S- Parkstreet.
3. The Manager Bajaj Capital Insurance Broking Ltd.
7 Dr. M.L.K Sarani Mullick Bazar, Elgin Kolkata-700017, P.S- Shakespeare Sarani.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Lakshmi Kanta Das PRESIDENT
 HON'BLE MRS. Silpi Majumder MEMBER
 
PRESENT:
 
Dated : 12 Aug 2021
Final Order / Judgement

The record is taken up for hearing pursuant to the request of Ld. Advocate of the Complainant. The case is pre-poned from 31.12.2021 to this day (i.e. 12.08.2021). After hearing the Ld. Advocate of the complainant and perusing the material available on record we find that the complainant had some insurance- related grievances against the Ops. It is apparent from the record that those grievances were taken up by the complainant with Insurance Ombadsman who, - after considering the facts and circumstances of the case and material on record , - passed issued award on 28.08.2020. The Award was in favour of the complainant. Neither party has preferred an appeal challenging the said award. Needless to say that insurance Ombadsman is an alternative dispute redressal Forum. This Commission is also a dispute redressal Forum. The grievances of the complainant were met up and the insurer was directed by the Ombudsman for cancellation of policy mentioned therein and also for revival three insurance policies. The said award remains unchallenged. It is submitted by the Ld. Advocate of the complainant that in view of dearth of scope for execution of the award of the Ombudsman, the complainant has filed this case under CP Act for reliefs. Obviously the insurer has abstained from taking steps in compliance with the award. Three months time which was available to the insurer for the aforesaid compliance has also elapsed. As per Law IRDAI is authorized to take appropriate action against the insurer in case of non-compliance with the award passed by the Ombadsman. The complainant has also omitted to take taking the matter with IRDAI. The reason for which the complainant has taken such a stance is best known to him. Rather, he has sought for an award from this Commission. But the cardinal principle of Law is that none should be vexed twice for the same cause. In spite of having got award from insurance ombudsman the complainant has sought for similar award from this Commission . This is not warrant-able in Law. Therefore the case is not admitted. Hence it is ordered that- the case be and the same is dismissed without being admitted. But there will be no order as to costs.

Let plain copy be given to the parties free of cost as per C.P.R.

 

Dictated and corrected by

 

HON’BLE Mr. Lakshmi Kanta Das

PRESIDENT

 
 
[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT
 
 
[HON'BLE MRS. Silpi Majumder]
MEMBER
 

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