BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR.
Consumer Complaint No. 626 of 2017
Date of Institution: 8.9.2017
Date of Decision: 20.11.2017
Sukhwinder Kaur W/o S. Ravinder Singh, aged 32 years, Resident of H. No.16, Shaheed Nagar Chheharta, Amritsar, Punjab M- 7986575743
Complainant
Versus
TATA AIA Life Insurance Company Ltd., through its Branch Manager/Authorized Person having its branch at 3rd Floor, SCO 25, District Shopping Complex, Ranjit Avenue, Amritsar, Punjab - 143001
Opposite Party
Complaint under section 11 and 12 of the Consumer Protection Act, 1986
Present: For the Complainant: S/Sh.Kapil Dev & Ravinder Singh, Advocate
For Opposite Party : Sh. Mohan Arora,Advocate
Coram
Sh.Anoop Sharma, Presiding Member
Ms. Rachna Arora,Member
Order dictated by:
Ms.Rachna Arora, Member
1. Sukhwinder Kaur complainant has brought the instant complaint under section 11 & 12 of the Consumer Protection Act, 1986 on the allegations that opposite party approached the complainant through its agent Ms. Parminder Kaur, who persuaded the complainant to obtain a non ulip Life Insurance policy from the opposite party. The complainant opted to obtain a non ulip life insurance policy bearing No. C206283430 from the opposite party and paid Rs. 49,500/- by cheque and Rs. 300/- by cash on 27.6.2017 . Despite receiving the policy premium from the complainant , opposite party failed to deliver original policy documents to the complainant till date. In this regard complainant raised matter with the opposite party through e-mail. Opposite party sent e-mail to the complainant on 18.8.2017 that the policy documents are lying at the office of the opposite party. The complainant received welcome call on her telephone on 30.8.2017 from the opposite party and they explained the terms and conditions of policy. That the terms and conditions explained to the complainant by customer care officer of the opposite party were different which explained by agent of the opposite party at the time of selling the policy. The complainant did not agree with the terms and conditions of policy, so she want to cancel her policy under freelook cancellation provision. The complainant has requested on the customer care number 18602669966 for cancellation of policy on 31.8.2017. But the opposite party intentionally and deliberately not processed the genuine request of the complainant. Vide instant complaint, complainant has sought for the following reliefs:-
(a) Opposite parties be directed to immediately cancel the policy and refund Rs. 49800/- to the complainant alongwith interest @ 12% without any further delay ;
(b) Compensation to the tune of Rs. 30000/- alongwith litigation expenses to the tune of Rs. 10000/- may also be awarded to the complainant.
Hence, this complaint.
2. Sh.Ravinder Singh,Adv.counsel for the complainant made a statement that he has received a cheque bearing No. 552113 dated 24.10.2017 for Rs. 49800/- . However, he pressed for compensation and litigation expenses. In our considered opinion, complainant is entitled for compensation as well as litigation expenses because opposite party made the complainant to file the instant complaint and her grievance has been redressed after receipt of notice of the complaint by the opposite party. Moreover, complainant had to engage a counsel for filing the complaint besides incurring expenses for counsel fee as well as expenses on lodging the complaint. When the grievance of the complainant were not met with, she had also suffered mental pain, harassment & inconvenience as well. However, complainant has made a request for grant of compensation to the tune of Rs. 30000/- vide instant complaint which in our opinion appear to be quite exorbitant and excessive. It is settled principle of law that compensation has to be granted in order to set off the loss occasioned by the complainant and no exorbitant or excessive compensation is to be granted to enrich a party at the cost of the other . In our considered opinion the grievance of the complainant shall be fully met with if she is granted compensation to the tune of Rs. 1000/- and we grant the same accordingly. Litigation expenses are assessed at Rs. 500/-. Compliance of the order be made within 30 days of the receipt of copy of this order ; failing which, complainant shall be entitled to get the order executed through the indulgence of this Forum. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.
Announced in Open Forum
Dated : 20.11.2017
