Haryana

Sonipat

412/2013

AMIT BANSAL - Complainant(s)

Versus

1. THE BRANCH MANAGER HDFC BANK,2. THE GENERAL MANAGER HDFC BANK,3. HDFC LIFE INSURANCE CO. LTD. - Opp.Party(s)

J.K. ROHILLA

23 Jan 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

SONEPAT.

               

 

                                Complaint No.412 of 2013

                                Instituted on:03.10.2013

                                Date of order:15.04.2015

 

Amit Bansal House no.A/98, Inder Lok, Gurmandi, Rohtak road, Sonepat.

 

                                                      ...Complainant.

 

                        Versus

 

1.The Branch Manager,HDFC SL Karnal Branch Haryana Plaza SCO 778-779 Kunjpura road, Opp. Mahavir Dal, Karnal.

2.The General manager HDFC Standard Life Ins. Col. Ltd., Roman House BT Frakh Marg 169 Balkbay Reclamation Church Gate, Mumbai-400020.

3.The HDFC Life Ins. Co. Ltd. through its Branch Manager, Ist Floor Vardhman Complex Delhi road, Opp. Civil Hospital, Sonepat.

                                                      ...Respondents.

 

COMPLAINT UNDER SECTION 12 OF       

THE CONSUMER PROTECTION ACT,1986

 

Argued by: Sh.  JK Rohila Adv. for complainant.

           Sh.  Joginder Kuhar, proxy counsel for

Sh.  Vikas Bakshi, Adv.for respondents.                

 

 

BEFORE     NAGENDER SINGH, PRESIDENT.

          PRABHA WATI, MEMBER.

          D.V. RATHI, MEMBER.

 

O R D E R

 

          Complainant has filed the present complaint against the respondents alleging therein that one Prabhat approached the complainant that his bonus amounting to Rs.4,62,000/- has been matured towards the policies and required four cheques amounting to Rs.30000/-, Rs.15640/-, Rs.28320/- and Rs.24000/-.  The complainant after some time contacted the said Parbhat about release of bonus amount, who informed that he had purchased three policies in the name of the complainant through the agent of the respondent namely Sunil code no.0031967.  After this, the complainant approached the respondents through written application dated 31.1.2013 that he is not in a position to continue or purchase any fresh policies, thus, the amount be released to him with interest.  Thereafter the complainant lodged a complaint dated 5.10.2012 before Insurance Ombudsman Chandigarh, but his claim was rejected by the respondents wrongly.   The complainant has also issued legal notice through his counsel but of no use. So, he has come to this Forum and has filed the present complaint against the respondents.

2.        In reply, the respondents have submitted that the complainant has concealed the material facts from the Hon’ble Forum.  The complainant himself has purchased the i8nsurance policies bearing no.15172455 dated 16.5.2012, 15007078 dated 14.3.2012 and 15070598 dated 27.3.2012 wherein all the terms and conditions were explained to him at the time of taking the policy in the year 2012. All the three policies were received by the complainant and he gave an application to cancel the same only on 31.1.2013 after a gap of more than 7 months.   The said cancellation request of the complainant was rejected vide letter dated 10.3.2013.  The respondents have denied the fact that the complainant did not receive the policy documents of policy no.15070598.   There is no deficiency in service or any unfair trade practice on the part of the respondents and thus, the complainant is not entitled for any relief & compensation and prayed for the dismissal of the present complaint.

3.        We have heard the arguments advanced by the ld. Counsel for both the parties at length and we have also gone through the entire relevant material available on the case file carefully & minutely.

4.        Ld. Counsel for the complainant has submitted that neither the complainant signed nor wished to purchase fresh policies nor he wished to continue the policies and the policies received by the complainants bears the signatures which clearly shows that those signatures are scanned and no where signed by the complainant at all.  The complainant wrote so many letters to the respondents, but the same has not brought any fruitful result.    It is also submitted that the agent of the company has told the complainant that his bonus will be issued by the company if he receives different cheque of Rs.30,000/-, Rs.15640/- and Rs.29320/-.  Surprisingly he received fresh insurance policies i.e.

Policy no.    Date      Name of plan            Amount

15172455      16.5.12   HdFC Saving Ass. Plan   Rs.15640/-

15007078      14.3.12   -do-                    Rs.30,000/-

15070598      27.3.12   -do-                    Rsw.29320/-.

         

          In the present case, opportunities were given to the respondents to produce before this Forum the original proposal form, original policies with terms and conditions.  But it is very sorry state of affairs that the respondents have failed to produce the above mentioned documents before this Forum.

          In the present case, the complainant’s stand is that he never signed the proposal form etc. and his signatures were scanned by the company.  In our view, this stand of the complainant has gone unrebutted since the respondents have failed to produce the original policies, proposal form and terms & conditions of the policies.  So, it is held that there is deficiency in service on the part of the respondents and thus, it is directed to the respondents to release the amount of Rs.15640/-, Rs.30,000/- and Rs.29320/- to the complainants  alongwith interest at the rate of 09% per annum form the date of filing of the present complaint till realization and further to compensate the complainant to the tune of Rs.10,000/- (Rs.ten thousands) for rendering deficient services, for causing unnecessary mental agony, harassment and under the head of litigation expenses.

 

 

 

          With these observations, findings and directions, the present complaint stands allowed.

          Certified copy of this order be provided to both the parties free of cost.

File be consigned to the record-room.

 

 

(Prabha Wati)        (DV Rathi)                 (Nagender Singh-President)

Member DCDRF        Member DCDRF                   DCDRF, Sonepat.

 

Announced:15.04.2015