SBI LIFE INSURANCE COMPANY LTD Vs. SURESH KUMAR

JUDGEMENT

(1.) THIS order shall dispose of three First Appeals bearing Nos. 183/2014 filed by opposite party No. 3, 185/2014 filed by the complainant and 187/2014 filed by opposite party Nos. 1, 2, 4 and 5, against the order dated 11.4.2014, rendered by the District Consumer Disputes Redressal Forum -I, U.T., Chandigarh (hereinafter to be called as the District Forum only), vide which, it allowed Consumer Complaint No. 117 of 2013, filed by complainant, qua the opposite parties, and directed them as under:

(2.) IT was further stated that on visiting SBI office, the complainant was told that the loan account would be closed only after closing the SBI Life Insurance Policy. It was further stated that on the asking of the Chief Manager of the Bank, the complainant gave letter on 19.8.2011 (Annexure C -5) and also wrote to Opposite Party No. 3 - SBI Life Insurance Company to close the Policy, but it (Policy) was not closed despite making request within the stipulated period of 10 days. It was further stated that, ultimately, the complainant, in RTI application, was informed that SBI Life Insurance had refunded a sum of Rs. 79,865 (Annexure C -10), but the reasons for forfeiting and non -refunding the balance amount of Rs. 1,38,435 were not explained. It was further stated that Opposite Party No. 1 deducted Rs. 28,816 from his account and paid the same into SBI Life Insurance Loan Account, which was illegally opened without his consent. It was further stated that, as such, the complainant further suffered a loss of Rs. 28,816 (Annexure C -11) on account of unfair trade practice.

(3.) IT was further stated that the aforesaid act and conduct of the opposite parties, amounted to deficiency, in rendering service and indulgence into unfair trade practice. When the grievance of the complainant, was not redressed, left with no alternative, a complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter to be called as the Act only), directing the opposite parties, to pay Rs. 1,38,435 withheld by SBI Life Insurance, Rs. 28,816 illegally deducted, Rs. 50,000 as compensation for mental agony and physical harassment and Rs. 11,000 as cost of litigation, was filed.