A consumer is entitled to interest on an admitted maturity amount from the date it became due, regardless of subsequent document submissions, if the service provider already possessed essential details, as withholding such funds constitutes a deficiency in service.

Present : Counsel for the appellant Counsel for the respondent.

PER : HON’BLE MS. PINKI, MEMBER (JUDICIAL)

JUDGMENT

1. By this judgment, we shall dispose of the appeal filed by the Appellant against the impugned order dated 02.08.2017, passed by Consumer Disputes Redressal Forum, (District North), Room No.2, Old Civil Supply Building, Tis Hazari, Delhi (hereinafter referred to as District Forum), in Complaint Case no. CC-225/2015 titled as Mrs. Neelam Malhotra vs. HDFC Standard Life Ins. Co. Ltd.

2. While the Appellant was Complainant before the District Forum and the Respondent was Opposite Party before the District Forum.

3. The facts of the case as per the District Forum, record are as under:

“1. ………..the complainant had purchased a HDFC Saving Insurance Plan vide policy NO.10096579 from local Delhi Branch office at Ring Road which has been shifted to Asaf Ali Road, Delhi. It is alleged that the aforesaid policy was having a date of commencement as 11.10.2004 and last date of payment as 11.10.2013 and date of maturity as 11.10.2014. It is further alleged that the annual premium of the aforesaid policy was Rs.25,000/- p.a. It is alleged that the complainant had been paying the annual installments regularly and all the installments of Rs.25,000/- each plus service tax, as applicable, stand fully paid on time. It is further alleged that on maturity of the said policy the office of O.P was supposed to refund the total due amount with interest and bonus etc. in favour of the complainant which comes to Rs.3,19,366/- as on 11.10.2014 as per calculation sheet retrieved from the Office of O.P-1. It is alleged that the office of respondents/ O.P failed to make/ release the maturity amount of the said policy in almost a period of one year despite requests and reminder as well as the regular follow up by the complainant. The complainant has also sent legal notice dated 10.08.2015 but to no avail. On these facts complainant prays that O.P be directed to pay the maturity amount alongwith interest on late paid days @ 2% p.m. which comes to Rs.3,96,014/- in favour of the complainant and also to pay cost and compensation as claimed.”

4. The District Forum after taking into consideration the material available on record passed the judgment dated 02.08.2017, whereby it held as follows:

“4. During the course of proceedings both parties expressed their desire to get the matter amicably resolved. Counsel for O.P submitted that is the necessary documents are supplied the claim can be settled. Upon intervention of the forum the requisite documents were supplied to the counsel for O.P Sh. Shyam Babu on 03.05.2017. Thereafter, the principle amount as admitted by counsel for complainant has been received by the complainant. The counsel for complainant, however, submitted that he should be reasonably compensated for payment of interest on delayed payment and also for harassment and litigation expenses.

5. We have carefully perused the pleadings of the parties which clearly depict that the complainant in this case has un-necessarily been dragged into litigation on account of inaction and lethargy for payment of maturity amount by O.P. Not only this inspite of supply of documents sought by O.P which were infect furnished on 03.05.2017, O.P was not prompt in making payment of the maturity amount to the complainant and thus caused delay of months together.

6. Keeping in view of the discussion stated above, we are of the opinion that complainant needs to be reasonably compensated for payment of interest and compensation towards harassment and mental agony etc. We are, therefore, of the opinion that ends of justice would be met if O.Ps are directed to pay interest @ 6% on the principle amount/ maturity amount already given to the complainant during court proceedings w.e.f. 03.05.2017 till actual payment made by O.P. The complainant is further awarded compensation for a sum of Rs.15,000/- towards harassment, mental agony and