Delhi

New Delhi

CC/23/2017

Vinod Kumar - Complainant(s)

Versus

M/s Max New York Life Insurance Company Ltd - Opp.Party(s)

29 Oct 2018

ORDER

 

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

                                                 (DISTT. NEW DELHI),

                                                  ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

                                                                                   NEW DELHI-110001

 

 

Case No.C.C.23/2017                                                  Dated:

           In the matter of:

Sh. Vinod Kumar,

             R/o R-32, West Patel Nagar,

              New Delhi-110008.

…… Complainant

 

Versus

Max New York Life Insurance Co. Ltd.,

Through its Branch Manager/Sr. Manager,

Having its office at

Himalaya House,

Connaught Place, New Delhi-01

 

……. Opposite party.

 

ARUN KUMAR ARYA, PRESIDENT

 

O R D E R

 

The complainant has filed the present complaint against the O.P u/sec. 12 of Consumer Protection Act, 1986. The facts as alleged in the complaint are that the complainant was issued the policy bearing No.354371817 by OP Co. and the complainant has deposited a sum of Rs.66,436.28/-. It is alleged that he request OP Co. to continue the above said policy but the OP Co. has refused to do so.  It is alleged that OP Co. despite receiving insurance premium did not agree to return deposited amount, hence this complaint.

 

2.     Notice was issued to the OP for 11.9.17.  Despite service none appeared on behalf of OP, hence it was proceeded as ex-parte vide order dated 11.9.2017.

 

3. Complainant has filed his affidavit in evidence

 

4. We have carefully gone through the record of the case and have heard submissions made by the complainant.

 

5.       Complainant has placed on record the copy of letter dated 19.5.2016 addressed to Insurance Co. regarding the refund of the premium amount deposited by him. for the period from 17.07.2008 to 18.08.2015. He has placed on record the copy of the premium paid certificate in support of his case. 

6.       From the un-rebutted testimony of the complainant and the documents placed on record, we are the view that the complainant has paid the premium for the period 17.07.2008 to 18.08.2015 the policy was in terminated position.  The complainant failed to pay the further premium.  Despite his request neither OP refund the money nor has replied to his letter nor allowed him to pay the balanced premium with the penalties as incorporated in the terms and conditions of the policy.  The act of OP amounts to deficiency in services.  We therefore, hold OP guilty of deficiency in services and directed as under:

1. Refund to the complainant a sum of Rs. 66,436.28/-

 

2. Pay to the complainant sum of Rs.1,000/- towards compensation for mental torture and agony suffered by him which will also include the cost of litigation.

 

The order shall be complied  within 30 days of the receipt of the copy of the order. If the said amount is not paid by the OP within a period of one month from the date of receipt of this order, the same shall be recovered by the complainant along with simple interest at the rate of 9% per annum from the date of this order till recovery of the said amount. This final order be sent to server (www.confonet.nic.in ).

A copy  of this order be sent to both parties free of cost by post.  File be consigned to Record Room.

Announced in open Forum on 29/10/2018. 

 

 

           (ARUN KUMAR ARYA)

                      PRESIDENT

 

                    (NIPUR CHANDNA)                                                  (H M VYAS)

                           MEMBER                                                                MEMBER