6IN THE TAMILNADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI.

 

Present: Hon’ble THIRU  JUSTICE R. SUBBIAH  :     PRESIDENT

                 THIRU R   VENKATESAPERUMAL         :      MEMBER

 

F.A. No. 276 of 2018

[Against the order passed in C.C. No.11 of 2017 dated 19.04.2018 on the file of the D.C.D.R.F., Ariyalur].

 

Tuesday, the 30^th day of May 2023

 

M.G.Balasubramanian

S/o. M.Gurusamy

No.4/284 Mela Veethi

Thirumanur,

Ariyalur - 621 715.                                      .. Appellant/Complainant

 

 

- Vs –

 

 

1.  The Area Sales Manager

     Kotak Mahindra Life Insurance

     I Floor, A2 Sambasivam Pillai Street

     Ariyalur.

 

2.  The Senior Vice President

     Kotak Mahindra Old Mutual

         Life Insurance, 7th floor

     Zone 4, No.21, Infinity Park

     General A.K.Vaidya Marg

     Malad (East), Mumbai-400 097.             ..  Respondents/

                                                                             Opposite Parties

 

For the Appellant/Complainant            :       Party-in-person 

 

Counsel for the Respondents/

                        Opposite Parties         :  M/s.A.S.Kailasam & Associates

                                               

        This appeal came before us for final hearing on 08.02.2023, and on hearing the arguments of the Appellant, in person and the counsel for the Respondents and on perusing the material records, this Commission made the following :-

O R D E R

R.SUBBIAH J., PRESIDENT

                Not being satisfied with the quantum of compensation awarded by the District Consumer Disputes Redressal Forum, Ariyalur in its order dated 19.04.2018 in C.C. No.11 of 2017, the present appeal has been filed under Section 15 of the Consumer Protection Act, 1986, by the complainant for enhancement of the compensation.

 

 

         2.  The case of the complainant before the District Forum is that on 21.06.2013 at about 01.40 pm, he received a call on his mobile from the office of the 2nd opposite party informing that on account of opening of their new branch at Ariyalur, they are granting certain offers such as free insurance policy and interest free loan.  On 22.06.2013 at about 11.43 pm, again the same lady called the complainant and asked him to come to their office.  When the complainant along with his wife went to the 1st opposite party office the said lady filled up a form and informed the complainant that they are issuing a life insurance policy for a sum assured of Rs.1 lakh.  She further informed that if the complainant avails a policy for an annual premium of Rs.30,000/- he can enjoy 5 offers and one among them is 80% interest free loan of Rs.2,40,000/-.  The complainant agreed for the same and paid a sum of Rs.500/- as service charges and received Receipt No.1623.  On 26.06.2013, the complainant had also given a cheque for Rs.30,000/- drawn on Canara Bank towards the premium amount and obtained a receipt for the same.  The opposite parties had informed that after a period of 6 months they would sanction the interest free loan.  They had also given a document of Reliance General Insurance policy terming it as life insurance policy for Rs.1 lakh and had stated that he would get Rs.82,000/- after a period of 5 years.  On perusal of the said document, the complainant found lot of errors and hence he wrote a letter to the 1st opposite party requesting them to rectify the errors.  But there was no response.  The interest free loan was also not sanctioned by the opposite parties.  Hence, the complainant lodged a complaint before the Collector on 06.06.2014.  Based on the said complaint, the Ariyalur police called both the parties for enquiry on 24.06.2014, where the opposite party gave an assurance that they would grant loan if the complainant submits a written requisition.  Since the opposite parties had agreed to grant interest free loan, the complaint was closed.  Thereafter, on 01.07.2014 the complainant had sent a letter to the opposite parties r

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