UNIT TRUST OF INDIA Vs. KAMALESH CHHABRA

JUDGEMENT

(1.) The present Revision Petition has been filed by Unit Trust of India, Navi Mumbai and 2 Others (hereinafter referred to as the Petitioners), under Sec. 21 of the Consumer Protection Act, 1986, against the Order dtd. 20/1/2015, passed by the Haryana State Consumer Disputes Redressal Commission at Panchkula (hereinafter referred to as the State Commission) in Appeal No. 97 of 2014 in First Appeal No. 900 of 2012. By the Impugned Order, the State Commission, while upholding the Order dtd. 31/5/2012, passed by the District Consumer Disputes Redressal Commission, Yamuna Nagar (hereinafter referred to as the District Commission) in Complaint Case No. 794 of 2009, filed by the Complainant/Respondent herein, has dismissed the Appeal, filed by the Petitioners herein. By its Order dtd. 31/5/2012, the District Commission had allowed the Complaint and directed the Petitioners herein to pay a sum of Rs.12578.00 as the balance amount of the Scheme plus Rs.2900.00 per year annuity (non-hospitalization expenses) for the period from 20/10/2004 to 4/3/2008, i.e. the date of closing of the Scheme, along with interest at the rate of 9% per annum from 4/3/2008 till its realization and also pay a sum of Rs.3300.00 as litigation expenses.

(2.) The facts, in brief, are that on 20/10/1999 the Complainant/Respondent had taken Units of Rs.32,000.00 under the Senior Citizen Unit Scheme (hereinafter referred as the Scheme) offered by the Petitioners and was provided Medical Insurance Cover, the premium of which was to be deducted from her policy/account. As per the documents given to the Complainant/Respondent, 7 installments of the premium were to be deducted, i.e. maximum sum of Rs.5625.00 for first four years and maximum sum of Rs.4975.00 for the next three years. The Complainant/Respondent received her account statement dtd. 7/1/2008 and found that the premium of October 2006 was deducted at the rate of Rs.8655.11 and a sum of Rs.13274.30 as additional premium for the period from 2001-2005 whereas a sum of Rs.4975.00 was to be deducted from October 2005 and no intimation was given to her. In this way, the Petitioners had deducted a sum of Rs.16954.41 in excess with the balance amount of Rs.12578.00, which was not paid to the Complainant/Respondent on account of Residual Amount. Further, the annuity amount of Rs.2900.00 per annum, which was to be paid to the Complainant/Respondent to take care of non-hospitalization expenses after attaining the age of 58 years was also not paid to her. She took up the matter with the Petitioners and sent three registered AD letters dtd. 2/2/2008, 10/1/2009 and 21/2/2009 as also legal notice dtd. 11/6/2009 to them, seeking refund of the amount illegally deducted, but of no avail. The Petitioners replied to the Complainant/Respondent that they had deducted the additional amount paid to New India Assurance Company (NIAC) on account of loan on the premium amount paid from the year 2001-2005, which was effected in the year 2006. Accordingly, the Complainant/Respondent filed the afore-noted Complaint before the District Commission, praying for certain reliefs, including a direction to the Petitioners herein to pay the amount of Rs.29532.41, i.e. Rs.16954.41 + Rs.12578.00, along with interest @ 24% per annum from the date of deduction till realization and a sum of Rs.2900.00 per annum from 15/11/2003 onwards along with the same interest from 15/11/2003 till realization.

(3.) Upon notice, the Petitioners herein contested the Complaint and filed their Reply before the District Commission. It was contended on their behalf that the prayer for refund of the aforesaid amount as also annuity with interest sought for was beyond the provisions of the Scheme and, therefore, the said claim subsequent to termination of the Scheme on 18/2/2008 was not only false but illegal. The premium was paid to the Insurance Company for providing hospitalization benefit. The Investor has to receive the benefits as per the provisions of the Scheme. The balance outstanding Units as on 18/2/2008 were 350.897 and accordingly the residual Units had been redeemed at the rate of Rs.23.2257 per unit and the redemption cheque dtd. 22/2/2008 for Rs.8149.00 was dispatched to the Complainant/Respondent, which stands paid on 4/3/2008. The Complainant/Respondent had filed the Complaint with false and non-existent claims and the same was liable to be dismissed.