Order No.18.
Dt.29.02.16. This day is fixed for Order.
The complainant’s case in brief is that he purchased one HDFC Life Insurance Policy in the year 2003 (the date of commencement being 26.08.2003) from the OP No.1, and the premium was Rs.5,726/- per annum through the corporate agent Union Bank of India i.e., Proforma Respondent No.3. The complainant was regular in payment of premium, but in the year 2007, the complainant was informed that Union Bank of India was no longer the corporate agent of OP No.1, and the complainant was required to pay his premium directly to OP No.1. Since the OP No.1 had no branch office at Siliguri at the relevant time, the complainant was unable to pay his premium to OP No.1 for the year 2007 onwards. The complainant enquired with OP No.1 where to pay his premium, but he did not receive any response. In January, 2010, the Branch Manager of OP No.1, Siliguri branch called the complainant, and asked him whether his policy is lying in paid up mode, and if the complainant agreed to reinstate the policy, he would have to submit one personal health statement, along with Rs.2,956/- towards reinstatement charges, and he would also have to pay Rs.17,458/- towards laps period premiums. The complainant paid all the charges on 06.01.2010 through a
check drawn on Proforma Respondent No.4, and he submitted all the necessary documents as asked for by the OP No.1. The OP No.2 issued renewal premium receipt on 07.01.2010. However, in the year 2011, when the complainant went to pay his policy premium, the OP no.1 refused to accept it on the ground that it was in paid up mode. The complainant claims that renewal premium receipt was issued in the year 2010, and he has paid all the reinstatement charges, and he sent a complaint mail to the OP No.1, and he had also ventilated his grievance before the IRDA. On 21.04.2011 customer service department of OP No.1 sent an apology letter to the complainant, and on receiving that the complainant again tried to pay his premium, but the officials of the Siliguri branch did not accept the premium, since the policy was in paid up mode. The complainant again requested the OP No.1 on 25.06.2013 to revive his premium. On 04.07.2013 the customer service department of OP No.1 wrote a letter to the complainant asking him to pay outstanding premiums, and other charges, all of which amounts to deficiency in service on its service. The complainant accordingly, filed this case praying that the OP No.1 be directed to reinstate the policy with effect from 2010, and he prays for compensation and for some other reliefs.
The complainant has submitted the following documents :-
- Photocopy of the Insurance Policy is annexed and marked as Annexure-‘A’.
- Photocopy of the Renewal Premium Receipt dated 07.01.2010 Annexure-‘B’.
- Photocopy of the cheque bearing No.134895 dated 09.02.2011 drawn on Bank of India, Siliguri Branch and Envelope are annexed and marked as Annexure “C’ & “C/1”.
- Photocopy of the mail dated 10.02.2011 is annexed and marked as Annexure-“D”.
- Photocopy of the Grievance mail dated 30.03.2011 annexure-‘E’.
- Photocopy of the letters dated 02.04.2011 Annexure ‘F’ & ‘F/1’.
- Photocopy of the mails dated 05.04.2011 Annexure ‘G’ & ‘G/1’.
- Photocopy of the letters dated 15.04.2011, 06.05.2011, 12.05.2011 & 30.05.2011.
- Photocopy of letter dated 21.04.2011 Annexure ‘I’.
- Photocopy of the letter dated 25.06.2013 Annexure – ‘J’.
- Photocopy of the letter dated 26.06.2013 Annexure-‘K’.
- Photocopy of the letter dated 04.07.2013 Annexure-‘L’.
Complainant has also filed written argument.
After going through the record and documents submitted by the
complainant, this Forum is of opinion that the complainant’s case is well proved from his unchallenged testimony, which has not been controverted by
the OPs.
The complainant is thus entitled to get order for reinstation of the complainant’s policy with effect from 2010. The complainant shall pay premium, revival charge, interest for the lapsed period as per policy schedule.
Although the complainant has prayed for Rs.10,00,000/- for the mental agony, Rs.5,00,000/- for unnecessary harassment gross negligence and deficiency in service on the part of the OPs. It appears that awarding compensation of Rs.10,000/- for mental agony and for unnecessary harassment, gross negligence and deficiency in service of Rs.10,000/- will serve the ends of justice.
The complainant is further entitled to get Rs.5,000/- towards litigation cost.
The case thus succeeds ex-parte, in part.
Hence, it is
O R D E R E D
that Consumer Case No.78/S/2014 be, and the same is, hereby allowed ex-parte, in part, with cost.
The OPs, who are jointly and severally liable, are directed to reinstate the complainant’s policy with effect from 2010 after taking premium, revival charge, interest for the lapsed period as per policy schedule within 45 days of this order.
The OPs, who are jointly and severally liable, are directed to pay Rs.10,000/- for mental agony by issuing an account payee cheque in the name of the complainant within 45 days of this order.
The OPs, who are jointly and severally liable, are further directed to pay Rs.10,000/- for unnecessary harassment, gross negligence and deficiency in service by issuing an account payee cheque in the name of the complainant within 45 days of this order.
The OPs, who are jointly and severally liable, are further directed to pay Rs.5,000/- for litigation cost by issuing an account payee cheque in the name of the complainant within 45 days of this order.
Failing which the complainant will be entitled to get interest @ 9 % per annum on the awarded sum of Rs.20,000/- from the date of such payment, till realization, and he will be at liberty to put the award into execution.
A copy of the order be given to the complainant free of cost.
