PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO.  98/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. SadanandaTripathy, Member,

Philip Burh,

S/O-Johan Burh,

R/O- Adarsh Marg, PO-Budharaja, Ps-Ainthapali

Dist-Sambalpur, Odisha-768004, Odisha.             .……….......Complainant.

Vrs.

1. Policy Bazar Insurance Brokers Private Limited,

Office At- Plot No. 119, Sector-44, Gurgaon, Haryana-122001,

2. Kotak Mahindra General Insurance Company Limited, 201-204, 301, 2^nd& 3^rd Floor, ChintamaniClassique, Vishweshwar Nagar, Near UdipiVihar Hotel, Goregaon (E), Mumbai-400063,

Email-

Counsels:-

1. For the Complainant      :- Sri. P.K.Kar & Associates
2. For the O.P. No.1                        :- Sri. D.K. Patel, Adv.
3. For the O.P. No.2                        :- Sri. B.K. Purohit, Adv.

Date of Filing:13.06.2023,  Date of Hearing :13.05.2024,  Date of Judgement :25.06.2024

Presented byDr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that the Complainant’s daughter purchased a vehicle insurance policy of O.P. No.2 through O.P. no.1 on dated 24.04.2023 for her TVS Scooty bearing No. OR-15L-6887. Payment made through ICICI Bank A/C No. 019401001963 for Rs, 843/-. O.P. No.2 issued policy No. PBT/000000630121 in the name of Complainant instead in the name of her daughter. Through e-mail complaint made on 24.04.2023. On 25.04.2023 the O.P. No.2 asked for PAN Card, Aadhar Card and RC Book. The documents were submitted but no communication made by O.P. No.2.

As daughter of the Complainant was in urgent need of fitness certificate from RTO, Sambalpur another policy was obtained from HDFC ERGO G.I.C. Ltd. vide policy No. 2301205392404900000 for the period 27.04.2023 to 26.04.2024.

Vide e-mail dated 30.04.2023 the O.P. No.2 was requested to refund Rs. 843/-but the O.P. No.2 through e-mail dated 05.05.2023 asked for certain documents and vehicle for inspection. On 06.05.2023 and 12.05.2023 the Complainant intimated that another policy has already been obtained from insurer and asked for refund. The O.P. no.2 started cancellation process and mailed dated 31.05.2023 offering Rs. 873/- -Rs. 674/- = Rs. 169/-. Policy proposal was submitted in the name of MS Seema Elina Burh whereas policy was issued in the name of Complainant.

Being aggrieved complaint has been filed.

2. The O.P. No.1 in reply submitted that policy Bazar Insurance Brokers Pvt. Ltd is an intermediately and facilitator. When a customer chooses a product, payment  is made to the insurer. The O.P. checked all the internal records and found that the Complainant never approached the O.P. to make changes in the policy regarding the name of the policy holder. The O.P.No.2 insurer is liable for all services related to insurance policy. The Complainant not paid any consideration to the O.P. and not a consumer of O.P.
3. The insurer, O.P. no.2 submitted that the Complainant availed policy No. PBT/000000630121 for TVS Scooty. The policy was issued in accordance with details filled by Complainant on the policy bazaar portal. The policy schedule was provided on 24.04.2023. On the same day request was made to change insured name in the policy to Seema Elina Bush. The Complainant was asked for PAN Card and address proof of Seema Elina Burh. On 24.04.2023. The Complainant submitted documents on 25.04.2023 and on 26.04.2023 requested for cancellation of policy and refund of premium without any justification. The O.P. registered the grievance of Complainant on 13.05.2023 and informed to return Rs. 674/- as per policy on the confirmation of Complainant @Rs. 20% premium deduction. Cancellation of insurance can be made within 7 days and retention of short period scale of rates for the period for which the cover has been in existence prior to the cancellation of policy.

This Commission has no jurisdiction to entertain the case. The Complainant has breached the utmost good faith and misrepresented the facts. The complaint is liable to be dismissed.

4. The Complainant filed the following documents:

1. Payment of Rs. 843/- for purchase of insurance policy.
2. Insurance policy papers issued by O.P. No.2
3. E-mail communication from 24.04.2023.
4. Insurance policy issued by HDFC Ergo GIC in the name of Seema Elina Burh.
5. RC book of vehicle OD-15L 6887.
6. Aadhar Card of Complaint.

The O.P. No.1 filed:

1. Copy of Board resolution dated 14.06.2021 and authority letter dated 09.08.2021.
2. Copy of legal Admin policies.

The O.P. No.2 filed:

3. Authority letter of Mr. Milind Mykal.
4. Copy of insurance policy obtained by Complainant
5. Copy of feed file provided by Complainant for issuance of policy.
6. Mail dated 24.04.2023 of Complainant.
7. Mail dated 24.04.2023 of O.P.
8. Mail dated 25.04.2023 and 26.04.2023 of Complaint.
9. Mail dated 13.05.2023.

5. Perused the documents and contention of the parties. It is the admitted case of Complainant and O.P. no.2 that policy No. PBT/000000630121 for vehicle No. OR15L-6887 was issued by O.P. No.2 on receipt of Rs. 843/- through O.P. no.1 insurance facilitator. The Complainant on 24.04.2023 mailed for correction of discrepancy in policy. On 24.04.2023 the O.P. No.2 sort for documents. The Complainant provided the documents on 25.04.2023. On 26.04.2023 the Complainant requested for cancellation of policy. The Complainant submitted that policy No. 2301205392404900000 for the period 27.04.2023 to 26.04.2024 was obtained from HDFC ERGO GIC Ltd.

Here question arises on whose part the mistake arose while filing the insurance policy proposal. It is admitted by the parties that policy No. PBT/000000630121 has been issued in the name of Mr. Philip Burh. From online proposal insurance form it reveals that name of the insured has been mentioned “ MR PHILIP.” When the foundation of the proposal form is defective deficiency can not be alleged against the O.P. No.1 and O.P. no.2 insurer as the proposal is forwarded by O.P. No.1 to O.P. No.2. Thereafter policy was issued.

6. Now the second point of consideration is that cancellation of insurance policy. The Complainant opted for cancellation of policy on 26.04.2023. It is within 7 days of issuance of policy  and as per policy term the Complainant is entitled for the premium deposited minus 20% if premium which comes to Rs. 674/-. The O.P. No.2 vide mail dated 13.05.2023 sort for willingness and filed the complaint on 13.06.2023.
7. From the facts and circumstances of the case it is clear that at the time of proposal  the Complainant not inserted the name of Seema Alina Burh and thereby the mistake continued. The O.P. no.1 forwarded the proposal to O.P. no.2 and the O.P. No.2 issued the policy in the name of Complainant. There is no any deficiency on the part of O.Ps.

This Commission is not inclined to go on other technicalities. The O.P. no.1 is an intermediary under the Information and Technologies Act, 2000. This Commission has jurisdiction to entertain the complaint to examine the deficiency in service to the parties as consideration of Rs. 843/- is paid to O.P. No.2.

Accordingly, it is ordered:

ORDER

The complaint is dismissed against O.Ps on contest. The O.P.No.2 is directed to refund Rs. 674/- with 12% interest w.e.f. 26.04.2023 within one month of this order.

No cost and compensation.

Order pronounced in the open court on 25^th day of June, 2024.

Supply free copies to the parties.