Adv. For the Complainant: -    Self

        Adv. For O.P:-                              Mrs Bidyut  Prava PANDA AND OTHER                           

         Date  of filing of the Case  :-15.07.2019

         Date of Order :-    16.12.2022

JUDGEMENT

Smt. Jyotsna Rani Mishra, Member

Facts of the case in nutshell:-

                Complainant is an insurance policy holder being No. 12440503 of the Ops and the proposal  has been accepted and the insurance has been issued . The Xerox copy the policy is attached herewith . The acceptance letter it has been agreed by Ops that in case complainant is not agreeable to any of the provisions stated in policy and the details in the proposal form complainant have the option of returning the policy to Op stating the reasons there of , within 15 days from the date of receipt of the policy on the receipt of complainant letter along with the original policy documents, Op shall arrange to refund  the premium paid by complainant , subject to deduction of the proportionate risk premium for the period on cover and the expense incurred by Op on medical examination and stamp duty charges . A  policy once withdraw shall not be revered   reinstated at any  point of time and a new proposal will have to   be made a for a new policy.

                The complainant  has deposited the insurance premium as follow-

1. 1st  premium receipt 23.01.2009- Rs 2000 (Premium adjusted from 12^th Dec. 2008)
2. 04.04.09 Rs 2250.00 vide  D.D  No.22408 1 Dt.03.04.09 at SBI  Sambalpur .
3. 08.06.09 Rs 3000.00 vide DD No.003895 dt.07/06/09 PNB
4. 24.03.10- Rs 8630.00 Vide DD No.62 626 Rourkela 
5. 30.06.2010 Rs 2000/- dt . 23.03.10 PNB  Rourkela
6. 01.04.11- Rs 7350. 00 paid to one staff of Bolangir

Branch namely Sahani Babu . he has not given the money receipt to complainant . The total amount comes to Rs 25,230/-

                Since the staff Mr. Sahani  did not handover the money receipt to the complainant  she discontinued to deposit the premiums with a doubt  whether the Ops  will grant whether the Ops will grant further money receipts or not.  The complainant approached several times to the Branch Manager. Bolangir to refund the deposited amount but Branch Manager refuse to refund any amount to the petitioner. Although the petitioner has deposited the aforesaid amount of Rs,25,230/- with the Ops they are libel to refund the amount.

To Subs tainting his case has relied up on following Document:-

1. HDFC Money back Assurance.
2. 1^st Premium Receipt.
3.  HDFC Money Back Assurance policy.

The rivalcontention as per their version.It is denied all the contents to counter the complaint , the OP stated that the complain not maintainable-

• Because complainant files within the period of 2 years from the date of accrual of the cause of action that is when be last received the policy revival notice from the OP on 21/01/2012 as from that date be got accrual of the cause of action.
• Complainant not filed any limitation petition along with his complainant to condone the delay showing paper grounds for the same.
• Complainant himself has taken no steps for Redressal of his grievance if any after receipt of the written renewal notice from the  OP for payment of insurance premium under the policy and after a gap of 7 long years finally he raised from his sleep.

                                                                  ORDER

                In the view of above in detail I observed that the cause of  action of the case in a continuing one as the policy is valid up to 2023 and since the policy has not yet been satisfied. In my opinion the said contention is correct. So Ops liable to refund the amount along with interest because of alleging deficiency in service  so I directed order against the Ops to refund  the aforesaid amount of Rs,25,230/-

 (Rupees twenty five thousand two hundred and thirty)only

                 I further directed to pay Rs 30,000/-  for mental agony and physical harassment and Rs.1000/- for litigation expenses.

           This order may compiled within one month from the date of receipt of its certified copy.  Failing which shall make payment of amount mentioned above within 12% interest per annum from of filing the present complainant till realization.

PRONOUNCED IN THE OPEN COMMISSION TO-DAY  16^th  day of   December‘2022.

                    (R.K.TRIPATHY)                                                              (J.MISHRA)                                                                   

                   PRESIDENT(I/C)                                                                            MEMBER