Karnataka

Bangalore 4th Additional

CC/1876/2017

Anil Kumar.S, - Complainant(s)

Versus

Aegon Life Insurance Company Ltd., - Opp.Party(s)

16 May 2019

ORDER

Complaint filed on: 04.07.2017

                                                      Disposed on: 16.05.2019

 

BEFORE THE IV ADDL DISTRICT

CONSUMER DISPUTES REDRESSAL FORUM, BENGALURU

 1^ST FLOOR, BMTC, B-BLOCK, TTMC BUILDING, K.H.ROAD, SHANTHINAGAR, BENGALURU – 560 027    

 

 

CC.No.1876/2017

DATED THIS THE 16^th MAY OF 2019

PRESENT

 

 

SMT.PRATHIBHA R.K, BAL, LLM, PRESIDENT

SMT.N.R.ROOPA, B.A., LLB, MEMBER

 

	Complainant/s	V/s	Opposite party/s
	Anil Kumar.S, S/o Late H.S.Subhas Chandra, Aged 43 years, Advocate, M/s Legal Aid Forum, No.131, Thimmaiah Road, Kadirenahalli Circle, BSK 2nd Stage, Bangalore-560 070.   In person		Aegon Life Insurance Company Ltd., Formerly known as Aegon Religare Life Insurance Company Ltd., (Registered under Company Act) Having Office at 2nd Floor, Rear Wing, Skip House, Plot No.25, Museum Road, Near Brigade Tower, Bengaluru-560 025. Rep by its Authorized Signatory.   By.Adv.H.K.Revanasiddappa

 

SMT.PRATHIBHA. R.K., PRESIDENT

1.        This complaint is filed by the complainant against the Opposite party (herein after called as OP), under section 12 of the Consumer Protection Act, 1986. The complainant prays to direct the OP to pay Rs.32,799/-, to pay interest at 2% per month on Rs.32,799/- from 14.3.2017 till the date of realization, to pay Rs.20,000/- as compensation, to pay Rs.15,000/- towards expenses incurred for issuing legal notice and litigation expenses and to pass any such appropriate orders.

2. The brief fact of the complaint is as under.          

            The complainant submitted that the complainant had obtained an insurance policy bearing No.120213450502 with the OP by paying premium amount of Rs.2,500/- per month. The complainant was paying the monthly premium regularly from 2012. On 28.2.2017, the complainant had requested the OP for partial withdrawal of fund amount. On 2.3.2017, the OP had replied stating that he is eligible to withdraw of Rs.32,799/-.

            2a.      The complainant further submitted that on 6.3.2017, the complainant sent all the documents along with the application form for partial withdrawal of Rs.32,799/-. The complainant further submitted that on 7.3.2017, the OP sent an email stating that the payment will be made within 7-10 days time since the complainant was in need of urgent money, requested to process within 3-4 days time, which the OP has rejected. On 15.3.2017, the OP sent an email stating that the payment will be made through NEFT to the complainant’s account within a day, but till date, the complainant has not received the amount.

            2b.      The complainant further submitted that since from 15.3.2017, the complainant had approached the OP on several times and sent mails. The OP has given vague answer. Hence, the complainant has issued legal notice dt.23.3.2017 calling upon the OP to pay Rs.32,799/- through NEFT along with interest and compensation for undergoing the hardship and the mental agony. The Notice was duly served on the OP on 25.3.2017. Inspite of service of notice, the OP has failed to comply with the demand in the said legal notice. Hence, the complainant has filed this complaint.     

            3.        The notice was issued to the Opposite Party. The Opposite Party has appeared and filed their version by denying the contents of the complaint filed by the Complainant.   The OP has submitted that the complainant is having an insurance policy bearing No.120213450502 named Rising Star Plan. The OP further submitted that the OP is ready to settle the case amicably.

3a.      The OP further submitted that as per the policy, Clause 4 (1) and 6 (2) of the Insurance Regulatory and Development Authority (Protection of Policy Holder’s Interests) Regulations, 2002, every policy document sent by the OP is accompanied with a copy of the proposal form signed by the applicant and a forwarding letter which clearly mentions that incase policyholder is not satisfied with the features or the terms and conditions of the policy, he can withdraw/return the policy within 15 days i.e., under the “Free Look Period”. That this provides an opportunity to the proposer to review the answers provided by the proposer in policy form and approach the company for discrepancy/rectification/cancellation. Since no such request was received by the company, the policy continued as per the terms and conditions.   

3b.      The OP further submitted that the OP was in receipt of request of partial withdrawal of fund value for the subject policy vide E-mail dt.28.2.2017 which was registered on 7.3.2017, accordingly, the OP processed and dispatched the cheque of Rs.32,799/- as the partial withdrawal of fund value within the 6 working days to the complainant’s registered address.

3c.      The OP further submitted that even after several attempts, the dispatched cheque was returned back on 27.3.2017 to the OP’s office and the same was communicated and also requested the complainant to provide the correct mailing address to the complainant vide E-mail dt.29.3.2017 and 6.4.2017 so as to deliver the cheque at the correct address. The OP also informed vide the E-mail dt.29.3.2017 stating that the transaction vide NEFT would apparently take more time than the transaction vide cheque as all the transactions related to cheque will need to be reversed before doing the NEFT which will take more 10 days. It is also pertinent to mention that the complainant never bothered to revert back on the same. Hence, there is no deficiency in service on the part of the OP and prays for dismissal of the complaint.

4. In the course of enquiry into the complaint, the complainant and the OP have filed their affidavit and reproducing what they have stated in their respective complaint and objections. Both parties have filed written arguments. The complainant and OP have produced documents which were marked. We have heard the arguments of both sides and we have gone through the oral and documentary evidence of both parties scrupulously and posted the case for order.  

5.        Based on the above materials, the following points arise for our consideration;  

1) Whether the Complainant prove the deficiency in service on

                the part of the OPs, if so, whether he is entitled for the

                relief sought for?

 

           2) What Order?

 

6. Our findings on the above points are as under:

Point No.1: In the affirmative

 

Point No.2: As per the final order for the following

REASONS

7. POINT NO.1:      On perusal of the pleadings, objections, evidence and documents of both the parties, it is an admitted fact that the complainant had obtained an insurance policy “Rising Star Plan” bearing No.120213450502 from the OP by paying premium amount of Rs.2,500/- per month. The complainant was paying the monthly premium regularly from 2012. The contention of the complainant is that the complainant was in need of urgent money, hence, requested for partial withdrawal of fund amount from the OP on 28.2.2017. The OP had given an approval on 2.3.2017 stating that the complainant is eligible to withdraw of Rs.32,799/-. Hence, the complainant sent an application form for partial withdrawal of Rs.32,799/-along with documents. On 7.3.2017, the OP sent an email stating that the payment will be made within 7-10 days. On 15.3.2017, again the OP sent an email confirming that the payment will be made through NEFT to the complainant’s account within a day, but till date, the complainant has not received the amount from the OP.

8.        Per contra, the OP has submitted that on 17.3.2017, cheque of Rs.32,799/- has  been dispatched through Blue Dart and the same was returned back on 27.3.2017. The same was communicated to the complainant on 29.3.2017 and 6.4.2017 and requested the complainant to provide a correct address of the complainant. The OP further submitted that the OP also informed vide E-mail dt.29.3.2017 stating that “the transaction vide NEFT would apparently take more time than the transaction vide cheque as all the transactions related to cheque will need to be reversed before doing the NEFT which will take more 10 days and the complainant never bothered to revert back on the same.”

9.        On perusal of E-mail dt.2.3.2017/Ex-A4, it is seen that the OP had agreed for partial withdrawal amount of Rs.32,799/- as on day and thereafter, the complainant had submitted a form on 6.3.2017 as per Ex-A2. On 7.3.2017, the OP had sent an email to the complainant which reads as hereunder:

We wish to inform you about partial withdrawal so we had taken the request for your policy as per your request.

Request will complete in next 7 to 10 working days.

Thereafter, on 15.3.2017, the OP had sent an email which reads as hereunder:

We wish to inform you about your request for partial withdrawals so it will done by NEFT in your account so kindly check from your account. It will refund in today or may be tomorrow to your given bank account.

Hence, on the above two mails, it is clear that the OP had agreed to send the above said amount through NEFT to the complainant’s account.

10.      Admittedly, the cheque was dispatched on 17.3.2017 for an amount of Rs.32,799/- through Blue Dart and it was returned back on 27.3.2017. Further, the same was communicated to the complainant on 29.3.2017 and 6.4.2017 for furnishing the correct address. The only fact which remains to be decided is that the fund amount is received by the complainant or not. In the instant case, the OP has sent the cheque for an amount of Rs.32,799/-, but the same was returned back. It is not the case of the OP that they have refused to issue the cheque. Under the facts and circumstances of the case, it is appropriate to direct the OP to pay an amount of Rs.32,799/- along with interest at 9% p.a. from 27.3.2017 to till the date of realization. Further, we also propose to fix litigation cost of Rs.5,000/- . Accordingly, we answer the Point No.1 in the affirmative.

11.      POINT NO.2: In the result, we pass the following:

ORDER

The complaint filed by the Complainant is allowed. The OP is directed to refund an amount of Rs.32,799/- to the complainant along with interest at 9% p.a. from 27.3.2017 to till the date of realization. Further, the OP is directed to pay an amount of Rs.5,000/- being  cost of the litigation.

The Opposite Party is directed to comply this order within 6 weeks from the knowledge/receipt of this Order. Failing which, the Complainant is at liberty to take proper steps as per law.

Supply free copy of this order to both the parties.

(Dictated to the Stenographer, got it transcribed, typed by her/him and corrected by me, then pronounced in the open Forum on 16^th May 2019).

 

(ROOPA.N.R)     MEMBER

(PRATHIBHA.R.K)    PRESIDENT

 

 

1. Witness examined on behalf of the complainant/s by way of affidavit:

Anil Kumar.S, who being the Complainant was examined. 

 

Copies of Documents produced on behalf of Complainant/s:

 

Ex-A1	Copy of insurance policy
Ex-A2	Copy of partial withdrawal form
Ex-A3	Copy of the cancelled cheque
Ex-A4	Copy of the Email correspondence
Ex-A5	Copy of the legal notice dt.23.3.2017
Ex-A6	Postal acknowledgements for service of notice
Ex-A7	Copy of the corporation bank statement
Ex-A8	Copy of the address confirmation letter
Ex-A9	Copy of the credit card bill

 

2. Witness examined on behalf of the Opposite party/s by way of affidavit:

 

Ashish Ovalekar, Authorized Representative, who being the Opposite Party/s was examined.

 

Copies of Documents produced on behalf of Opposite Party

 

Ex-B1	Copy of the E-mail dt.29.3.2017 and 6.4.2017
Ex-B2	Copy of the E-mail dt.6.4.2017
(ROOPA.N.R) MEMBER		(PRATHIBHA .R.K)       PRESIDENT