Orissa

Cuttak

CC/150/2015

Bikram Keshari Sahoo - Complainant(s)

Versus

Branch Manager,Bajaj Allianz Life Insurance Corporation - Opp.Party(s)

S K Behera

26 Oct 2016

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

                                                                                    C.C. No.150/2015

 

Bikram Keshari Sahoo,

Vill:Yunus Patana,

PO:College Sauae,P.S:Malgodown,

Town/Dist:Cuttack.                                                                                            … Complainant.

 

                Vrs.

 

Branch Manager,

Bajaj Allianz Life Insurance Corporation,

Plot No.2332, Ward No.23, Shantikunj Building,

Link Road,Arunodaya Market,Cuttack.                                                                … Opp. Party.

 

 

Present:               Sri Dhruba Charan Barik,LL.B. President.

Sri Bichitra Nanda Tripathy, Member.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:   21.12.2015

Date of Order: 26.10.2016.

 

For the complainant:           Mr. S.K.Behera,Adv. & Associates.

For Opp.Party.           :                Exparte.

 

 

Sri Dhruba Charan Barik,President.

The complainant has filed this case against the O.P on the allegation of deficiency in service on the part of the latter and seeking appropriate relief against the O.P in terms of his prayer in the complaint petition.

1. The brief facts of the complainant’s case are that the complainant had obtained a Life Insurance Policy under Money Back Plan from the O.P in respect of the period from 26.2.10 to 26.2.2025.  That policy was issued in favour of the complainant under the scheme “Bajaj Allianz Cash Gain Economy” bearing No.0154280280.  According to the terms and conditions of the said policy, the complainant is to receive a sum of Rs.10,316/- in every three years until the date of maturity of the policy.  Copy of the said policy has been filed and marked as Annex-1.
2. The complainant has been regularly paying the premium to the O.P under the said money back policy.  The first money back due under the said policy fell due on 26.2.13.  The complainant had also sent the discharge voucher signed by him for payment of the money back due.  But he did not receive the amount from the O.P on the said date. On enquiry he came to know that such amount due under Money Back Policy in shape of cheque has been encashed by some other person having a different bank account number.  Thereafter, the complainant requested the O.P to pay his legitimate due under the said policy but of no avail.  Having no other alternative, the complainant issued notice through his advocate on 30.10.14 calling upon the O.P to pay his legitimate dues under the said policy contract to him forth with or else he would be constrained to take shelter of law.  The copy of the said notice dt.30.10.14 along with the postal receipt have been filed and marked as Annexure-2 & 3 respectively.  In spite of it no payment was made to him.  It has caused a lot of mental agony and harassment to him.  Accordingly he has prayed to pay him the money back dues of Rs.10,316/- with interest @ 9% per annum from the date when it fell due till the date of realization together with compensation of Rs.25,000/- and cost of litigation of Rs.2000/- in the interest of justice.
3. The O.P. has neither entered appearance nor filed written version of his case.  As such he was set exparte.
4. We have gone through the case record and the Annexures submitted by the complainant which are self-explanatory.  In absence of anything to the contrary, the prayer of the complainant is allowed exparte against the O.P.

 

ORDER

                                The O.P is hereby directed to pay money back dues of Rs.10,316/- to the complainant together with interest @ 9% per annum from 26.2.2013 till the date of realization together with cost of litigation of Rs.2000/- within 45 days from the date of receipt of copy of this order.

Typed to dictation, corrected and pronounced by the Hon’ble President in the Open Court on this the 26^th     day of October, 2016 under the seal and signature of this Forum.

                                                                                                                                                  

    (   Sri D.C.Barik )

                                                                                                                      President.

                                                             

 

                                                                                                   (Sri B.N.Tripathy )

                                                                                                                        Member.

 

                                                                                                              (Smt. Sarmistha Nath)

                  Member(W)