BEFORE THE DISTRICT CONSUMER DISPUTES, REDRESSAL FORUM, SOLAN, H.P.



Complaint No: 70/2007

Presented On: 19.07.2007

Decided On: 13.03.2009.



Shyam Sunder Gupta presently working as Reader in the Court of Additional District Judge (FTC) Chambaghat, Tehsil and District Solan (H.P.). ..Complainant.



Versus



1. The HDFC, Standard Life Insurance Company Ltd. Through its Managing Director, Roman House HT Parekh Marg, 169, Back Bay,Reclamation, Church Gate, Gate, Mumbai



2. The HDFC, Standard Life Insurance Company Ltd. Through its Aithorized Signatory/ Manager Ground Floor SCO No. 139-140, Sector 9-C Madhya Marg, Chandigarh.



..Opposite Parties.



Coram

Shri Pritam Singh (District Judge) President.

Shri Virender Thakur, Member (Male)

Smt. Arun Bala Sharma, Member (Female)



For the complainant: Mr.J.S Parmar, Advocate.



For the Opposite Parties: Ex-parte

………………………………………………………

ORDER:

Per, Arun Bala Sharma, Member (Female):-

This order shall dispose off complaint filed under section 12 of the Consumer

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Protection Act, 1986. The complainant alleged that he took endowment assurance policy schedule (single life) vide No. 73612 on dated 09.09.2002 on the basis of assurance benefit of Rs. 50,000/- and made payment of Rs. 3176/- and Rs. 2600/- and other charges total amounting to Rs. 5800/- on 05.08.2002 vide cheque No. CH002603 and OP sent the provisional policy. That after some time, the agent of the endowment assurance policy intimated him about termination of of policy in question by OP and sending of letter and cheque of Rs. 2600/- to him which in fact were not received by him. That he contacted the OPs and made request to them either to revive the policy or refund the entire amount i.e Rs. 5,800/- but of no avail. That on his personal visit in December 2005, at Chandigarh office of OPs, he was told that instructions for revival of policy will be received from Bombay office and he will be intimated within 10 days, but after a lapse of considerable time when he did not hear anything, he

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got issued legal notice to the OPs on 10.10.2006 who also sent the reply through their counsel but there after the OPs did not do anything regarding his claim. Hence feeling dissatisfied and aggrieved by the act of the OPs the complainant perforce to filed this complaint against the OPs.

2. The notice of this complainant was issued to OPs who resisted the complaint by filing detailed reply on 23.11.2007 and look some preliminary objections regarding maintainability of complaint limitation etc. On merit they also refuted the claim of complainant. Subsequently, the case was fixed for amicable settlement between the parties for 27.11.208, On which date none appeared on behalf of the OPs. As such the complaint was ordered to be heard ex- parte against the OPs. We have heard the Ld. Counsel for the complainant at length and have also scanned the entire record of the case.

3. The complainant in support of his claim has placed on record copy of Endowment Assurance

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Policy Schedule ( Single Life ) Annexure – C/1, receipt of Rs. 3,175/- Annexure-C/2, first duplicate premium receipt Annexure -C/3, original premium receipt Annexure – C/4 and acknowledgement receipt of Rs. 2,600/- Annexure- C/5, legal notice dated 10.10.2006 (Annexure – C/6 ). He also filed affidavit in support of his complaint.

4. As such from the combined and harmonious reading of the aforesaid documents placed on record by complainant , it is proved on record that OPs terminated the policy in question without any just and reasonable cause. There after they neither revived the policy nor refunded the entire amount paid by complainant to them, which act on the part of OPs will amounts to deficiency in service.

5. For the foregoing reasons, we allow this complaint and direct the OPs jointly and severally to refund the amount of Rs. 5,800/- to complainant along with interest @ 9% per annum from the date

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of filing the complaint, i.e. 19.07.2007 till making full payment of aforesaid amount. The OPs are also saddled with damages of Rs.2000/- for causing unnecessary harassment to the complainant. The litigation cost is quantified at Rs.500/- payable by the OPs to the complainant. This order shall be complied with by the OPs within a period of forty five days after the date of receipt of copy of this order. The Ld. counsel for the complainant has undertaken to collect the certified copy of this order from the office, free of cost, as per rules, whereas the certified copy of this order be sent to the OPs through UPC. The file after due completion, be consigned to the record room.

Announced on this 13th day of March 2009.

(Pritam Singh)

President



(Varinder Thakur) (Arun Bal Sharma)

Member Member