DISTRICT CONSUMER DISPUTES REDRESSAL FORUM MYSURU No.1542 F, Anikethana Road, C and D Block, J.C.S.T. Layout, Kuvempunagara, Kuvempunagara, (Behind Jagadamba Petrol Bunk), Mysuru-570023 Complaint Case No. CC/1514/2016 1. Bharath Kumar Vasani S/o Tulasidas J.Vasani No.523 Ashoka Road Lashkar Mohalla Mysore MYSORE KARNATAKA ...........Complainant(s) Versus 1. Universal Sampo General Insurance Co.Ltd. Unit No.401 1st floor sangam complex 127 Andheri Kurla Road, Andheri East Mumbai 400059 MYSORE KARNATAKA 2. M/s. Indian Overseas Bank Ashoka Road Mysore Mysuru KARNATAKA ............Opp.Party(s) BEFORE: HON'BLE MR. M S RAMACHANDRA PRESIDING MEMBER HON'BLE MR. Y S THAMMANNA MEMBER For the Complainant: For the Opp. Party: Dated : 02 Jan 2018 Final Order / Judgement BEFORE THE ADDITIONAL BENCH DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT MYSURU. Consumer Complaint (C.C.)No. 1514/2016 Complaint filed on 13.10.2016 Date of Judgement.02.01.2018 PRESENT : 1. Shri Ramachandra M.S., B.A., LL.B., PRESIDENT 2. Shri Thammanna,Y.S., B.Sc., LL.B., MEMBER Complainant/s : Bharath Kumar Vasani S/o Tulasidas J Vasani Aged about 55 years, R/at 523, Ashoka Road, Lashkar Mohalla, Mysuru. (Sri. Shashidhar., Advocate) V/s Opponent /s : 1.M/s. Universal Sampo General Insurance Co, Ltd., Unit # 401, 1 Floor, Sangam Complex, 127, Andheri Kurla Road, Andheri(East), Mumbai-400059. Represented by its Managing Director (Sri. Jaganath Sureshkumar., Advocate) 2. M/s Indian Overseas Bank, Ashoka Road, Mysuru -570001. Represented by its Senior Manager (Sri. N.Parameshwar., Advocate) Nature of complaint : Deficiency in service Date of filing of complainant : 13.10.2016 Date of Issue notice : 06.12.2016 Date of Order : 02.01.2018 Duration of proceeding : 1 year 2 month 19 days SHRI RAMACHANDRA . M.S., PRESIDENT JUDGEMENT The complainant filed the complaint Under Section 12 of Consumer Protection Act, 1986 against the opposite party seeking for relief of refund deposited amount and also alternative relief and other reliefs as prayed in the complaint. 2. The brief facts of the complainant had taken IOB Health Care Plus Policy vide no 2817/54185456/02/000 having his customer ID No. 101223687277 through the second opposite party who have worked as intermediatary for the purchase of the health care policy. 3. The second opposite has forwarded the policy proposal and in the policy proposal the complainant has given Mysuru address and he has not given the address of Chamaraja Nagar, District. The complainant further submits that he has not received the policy as on date showing the Mysuru address and the complainant has caused a legal notice narrating the above facts to both the opposite parties. The opposite parties have not taken care for making correction in the address of the complainant and in their records and policy is not sent to the complainant. By this attitude it can be inferred that the opposite parties are not rendering courteous service to their customers and they are showing arrogance to the complainant who has invested his money for taking the said policy. Thus the opposite parties are not providing the required service even after collecting money has resulted in decline in customer service, the complainant is filed for deficiency service and the complaint is within time. 4. Notice to the opposite party n. 1and 2 duly served represented by counsel they have filed version. 5. The complainant and opposite party no.1 and 2 filed chief examination affidavit and filed documents arguments heard, reserved for orders. 6. Heard arguments. 7. The points that arise for our consideration are; Whether the complainant proves that there is deficiency in service on the part of opposite party by not giving proper service at the time of obtaining policy and thereby proves that he is entitle for the relief sought? What order? 8. Our answer to the above points is as follows; Point No.1: In the affirmative Point No.2: As per final order for the following; REASONS 9. Point no.1 :- That there is no dispute between complainant and opposite party company with regard to obtaining policy. The only dispute the complainant has raised is that at the time of issuing insurance policy the opposite party company in its policy copy have wrongly mentioned the complainant address as Chamarajanagar instead of Mysuru this mistake is alleged to be made by the opposite party company at the time of issuing the policy in the name of complainant. Upon which even though the complainant at the earliest stage when the said mistake was brought to the knowledge of opposite party they did not rectify the mistake upon which the complainant has made best efforts to correct the same. Which did not give any result acting on the same the complainant has filed the complaint seeking for the relief of cancellation of policy and refund of deposited premium amount and also prayed an alternative prayer of rectification above said mistake. Further the opposite party company in his version para 3 and also in the affidavit para no.3 and 5 they have clearly and categorically admitted the alleged mistake and also undertakes to rectify the same. 10.In view of the above admission of opposite party company it is held that there is a deficiency in service on the part of opposite party . For which they are liable to pay the claims to the complainant. and at the same time complainant is also entitle to receive the same. Accordingly we answered point no.1 in the affirmative. 11. Point no.2:- From the above discussion we hereby proceed to pass the following :- ORDER The complaint is hereby allowed in part. The 1st opposite party is directed to make the necessary correction in the address of complainant and issue policy with correct address pertaining to (Policy No. 2817/54185456/02/000) within 30 days of this order failing which opposite party is liable to pay penalty of Rs.150/- per day from the date of order till the day order is complied. The opposite party no. 1 and 2 are jointly and severally liable to pay of Rs. 4,000/- towards deficiency in service and Rs. 3,000/- towards cost of proceedings to the complainant within 30 days of this orders. In default to comply the above order opposite party no.1 and 2 shall pay interest on the said amount of 7,000/- at the rate of 10% p.a. from the date of order till payment made. In case of default to comply this order, the opposite party shall undergo imprisonment and also liable for fine under section 27 of the CP Act, 1986. Give the copies of this order to the parties, as per Rules. (Dictated to the stenographer transcribed , typed by her, transcript corrected by us and then pronounced in open court on the 2nd January 2018) Shri Thammanna Y.S., Shri Ramachandra M.S., Member. President. [HON'BLE MR. M S RAMACHANDRA] PRESIDING MEMBER [HON'BLE MR. Y S THAMMANNA] MEMBER