Date of filing : 31-12-2013
Date of order : 28 -05-2014
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.318/2013
Dated this, the 28th day of May 2014
PRESENT:
SMT.P.RAMADEVI : PRESIDENT
SMT.K.G.BEENA : MEMBER
SMT.SHIBA.M.SAMUEL : MEMBER
Mohammed Kunhi.H, S/o.Hassainar, : Complainant
Fairoos Manzil, Udma.Po.,
Kasaratod Taluk and District.
(In Person)
1 Zulfikar Ali.E.M, S/o. Moosa Kunhi, : Opposite parties
Eriyal, Kasaragod Taluk and District.
2 The Branch Manager,
Birla Sun Life Insurance Co.Ltd, 1st floor,
Goldern Arcade, Near New Bus Stand,
Kasaragod taluk and District.
(Ops 1 & 2 exparte)
O R D E R
SMT.P.RAMADEVI, PRESIDENT
The brief facts of the complaint is as follows:
That is the month of August 2009 the 1st opposite party approached the complainant and introduced the insurance policy of the 2nd opposite party and accordingly the complainant subscribed a BSLI policy for a face value of Rs.11 lakhs and paid Rs.99,840/- as premium and the 1st opposite party stated that the premium is for the period up to 21-08-2013 and he promised that he will collect further premium from his residence as and when it is due. But the 1st opposite party has not come to the residence to collect the premium and the 2nd opposite party failed to send any reminder to pay the premium. The complainant further submits that in the month of August 2013 the 2nd opposite party sent a cheque for an amount of 3950.60 along with a letter to the complainant stating the termination of policy and on receipt of the notice the complainant contacted the 1st opposite party and enquired about the matter then the 1st opposite party told him that termination is effected due to the clerical mistake and he will rectify the same but he did not do so. Then the complainant approached the 2nd opposite party and 2nd opposite party issued a statement of his policy and in the statement it was stated that the policy has been terminated for non-payment of the premium and also stated that the complainant failed to fulfill the requirements for revival of policy. In such circumstances the complainant filed this complaint for necessary relief.
2. After admitting the complaint on file the Forum issued notice to the opposite parties. Both parties duly served the notice but they did not turned up. Hence name of opposite parties called absent and set exparte.
3. The complainant filed proof affidavit and Exts A1 to A5 were marked.
4. Here the specific case of the complainant is that at the instance of the 1st opposite party he subscribed the policy and at the time of joining the policy the 1st opposite party promised that he will come and collect the future premium. But the 1st opposite party failed to collect the premium and moreover, the 1st opposite party made believe the complainant that the 1st premium which he paid on 22-08-2009 is for the period up to 21-08-2013. On believing the words of the 1st opposite party the complainant has not enquired about the date of payment of 2nd premium and the 2nd opposite party without intimating the complainant straightaway terminated the policy. According to the complainant he is and was ready to pay the premium and to revive the policy. But the 2nd opposite party is not ready to revive the policy.
5. After considering all facts of the case nothing to disbelieve the complainant. Usually while joining the policy the agents of the insurance company will make somany promises inorder to canvas his business. Failure to perform such promises amounts unfair trade practice or deficiency in service. Here also the agent of the 2nd opposite party failed to perform the promises made by him at the time of joining the policy. Here the opposite parties not even headed to respond the notice issued by this Forum. That itself shows that the opposite parties have admitting the allegations made by the complainant against them. Here the act done by the 1st opposite party the agent of 2nd opposite party is treated as the act done for and on behalf of the 2nd opposite party and therefore the 2nd opposite party vicariously liable for the acts done by the 1st opposite party. No contra evidence is adduced before this Forum by the opposite parties.
Therefore the complaint is allowed directing the 2nd opposite party to refund Rs.99,480/- with 10% interest per annum from the date of complaint till payment and 2nd opposite party is further directed to pay Rs.3000/- as compensation and Rs.2000/- as cost of the proceedings. Opposite party No.1 is exonerated from the liabilities. Time for compliance is 30 days from the date of receipt of copy of the order.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exts.
A1. Copy of receipt issued by OP to complainant for an amount of Rs.99,480/-
A2. 18-2-2013 copy of premium paid certificate.A3.
A3. 26-09-2012 copy of cheque for an amount of Rs.3,950.60.
A4. 26-09-2012 letter issued by OP to complainant.
A5.Copy of policy details.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Pj/ Forwarded by Order
SENIOR SUPERINTENDENT
