Delhi

New Delhi

CC/640/2013

Brigadier (Retd) Udai Mehta - Complainant(s)

Versus

M/S. ING Life Insurance Company Ltd. - Opp.Party(s)

13 Nov 2019

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./640/2013                                                Dated :

 

Brigadier Udai Mehta

146, Vijyant Enclave, Sector 29

Noida - 201301                                                            ……Complainant

 

        Versus

Ing Vygsa Life Insurance Company

Kanchanjunga Building, Barakhamba Road,

New Delhi                  

                            …….Opposite Party

            H.M. VYAS – MEMBER

 

                                                                        ORDER

 

Initially, the complaint was filed praying for cancellation of the policies and refund of Rs. 4,53,000/- alongwith  interest, and penalty for mental harassment. The brief facts in the case are that the complainant made a payment of Rs. 4.53 Lacs  through  various cheques to the OP for acquiring  certain policies. Neither the policies were received nor the amount was refunded  by the  OP. After continuous persuasion and follow up no action was taken by the OP and the complainant requested for cancellation of the policy with the above prayer.

During the pendency of this complaint case, the OP paid Rs. 4,05,000/- in the savings accounts of the complainant as per the proceedings dated 24/07/2014. The OP has disputed the receipt of the amount of Rs. 48,000/- paid by the complainant through demand draft . The OP had filed written statement/ version but did not file the  evidence despite repeated opportunities and even after imposition of the cost of Rs. 1,000/- and finally the defense of OP was struck off on 25/11/2016.

The complainant filed evidence by way of affidavit reiterating the texts of the complainant and also addressed oral arguments. The OP also addressed oral arguments.

The issue for consideration before us is regarding Rs. 48,000/- paid by the complainant to the OP and the interest component of Rs. 4,05,000/- from March 2012 to July 2014 when the said amount was refunded  by the OP to the complainant during the pendency of the present case.

We have perused the record and the submissions of both the parties. The complainant  has placed on record encashment report of the demand draft worth Rs. 48,000/- in favour of the OP. The bare denial for the said amount by the OP deserves rejection. It is also not in dispute that the  amount Rs. 4,05,000/- remained with the OP during the period from March, 2012 to July, 2014.

In view of above and that the defense of the OP stood struck off on 25/11/2016, we hold the OP to be deficient in service and direct as under :-

1. To refund the amount of Rs. 48,000/- with @9% Simple Interest  from the date of filing of this complaint i.e. 16/07/2013 till realization.
2. OP to pay interest  on Rs. 4,05,000/-  @ 9%  simple interest per annum from the date of filing of complaint i.e. 16/07/2013 till realization.
3. Litigation cost of Rs. 10,000/- including mental agony and harassment.

The order shall be complied within 30 days of the receipt of the copy of this order.

Copy of the order may be forwarded to the parties to the case     free of cost as statutorily required. 

            Announced in open Forum on 13/11/2019.

               The orders be uploaded on www.confonet.nic.in

               File be consigned to record room.

 

 

 

                                                               (ARUN KUMAR ARYA)

                                                                         PRESIDENT

 

               (NIPUR CHANDNA)                                                                 (HM VYAS)

                      MEMBER                                                                               MEMBER