Chandigarh

StateCommission

A/216/2017

PNB Metlife India Insurance Co. Ltd., - Complainant(s)

Versus

Kuldip Kaur - Opp.Party(s)

Vaibhav Jain Adv.

22 May 2018

ORDER

The appellants/Opposite Parties have filed this appeal against order dated 15.05.2017 passed by District Forum-II, U.T., Chandigarh in Consumer Complaint No.37 of 2016, ordering refund of amount of Rs.2,92,700/- alongwith interest @6% p.a. and also ordered payment of litigation cost of Rs.10,000/-.

                   It is coming out from the record that the respondents/complainants took six number of policies. It is their case that they opted for one-time payment policy whereas policy issued was for the period of 15/14 years with continuous payment every year. Respondent No.1 (Kuldip Kaur) is 71 years of age, respondent No.3 (Prit Pal Kaur) is 55 years of age and one respondent No.2 (Shagun Arora) is 21 years old. It is stated by them in their complaint that when they received the policy document, the next date, it was taken away by the person of the appellants/opposite parties, with a promise to make some changes. Therefore, they continued to meet corporate agent/officials of the Company, however, they failed to get any positive response. Those facts asserted in the complaint have not been denied specifically. Denial given is vague. Further from the record, it is apparent that the respondents/complainants are not interested in continuing with the policies. We have also seen some letters written by them.

                   In view of above, we are of the opinion that the respondents/complainants are not entitled to get any interest and other expenses granted to them by the Forum.

                   Under above circumstances, we dispose of this appeal. Order, under challenge, is modified, ordering refund of amount of Rs.2,92,700/- by the appellants/opposite parties to the respondents/complainants without any interest. Litigation expenses awarded by the Forum are also waived of.

                   However, by above order, the appellants have saved around Rs.80,000/-.

                   As per report made by office, an amount of Rs.2,92,700/- is lying deposited with this Commission.

                   We order that the aforesaid amount of Rs.2,92,700/- be released in favour of the respondents/complainants in equal share, after lapse of 30 days from today.

                   If the appellants/opposite parties wish to file any appeal and stay order is passed, immediately intimation be given to this Commission.

                   Certified copy of this order be sent to the parties free of charge.

                   Certified copy of this order be also sent to the Forum concerned.

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