UNIT TRUST OF INDIA Vs. KAMLESH CHHABRA

JUDGEMENT

(1.) This Revision Petition has been filed by the petitioner against impugned order dated 25/10/2012, passed by the State Commission Haryana in First Appeal No. 900/2012, Unit Trust of India vs. Kamlesh Chhabra, by which while dismissing appeal, order of the District Forum allowing complaint was upheld.

(2.) Brief facts of the case are that complainant/respondent had taken unit of Rs. 32,000/- as per scheme called SCUP of Unit Trust of India having membership Certificate No. SC0040610000050 on 20.10.1999 through the opposite party No. 3 and was provided medical insurance cover, the premium of which was to be deducted from the policy of the complainant and as per details provided to her, seven installments were to be deducted. As per offered documents, a maximum sum of

(3.) In spite of notice, amount illegally deducted was not refunded, alleging deficiency on the part of the opposite parties-petitioners, complainant filed complaint before the District forum. Petitioner appeared and contested the complaint. In the written statement the opposite parties took the plea that the complaint had been filed alleging excess deduction of premium payment of Rs. 16,954.41, residual amount of Rs. 12,578/- and annuity amount of Rs. 2,900/- and prayed for refunding of Rs. 29,532.41 and annuity amount of Rs. 2,900/- from 15.11.2010 together with interest @ 24% till date of payment, which was beyond the scheme provision of SCUP and the claim for refund was imaginary. The complainant had resorted to file the complaint with false and non existent claims and the same was liable to be dismissed in toto and investor was entitled to receive the benefits as per the scheme provisions. The balance outstanding units as of 18.02.2008 was 350.897 and accordingly, the residual units had been redeemed @