Haryana

Ambala

CC/97/2020

Gaya Dutt Semwal - Complainant(s)

Versus

Aditya Birla Sun Life Insurance Co ltd - Opp.Party(s)

In Person

18 Oct 2021

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

 

                                                                      Complaint case no.         :    97 of 2020

                                                          Date of Institution           :     20.04.2020

                                                          Date of decision     :     18.10.2021.

         

Gaya Dutt Semwal son of Sh. Mahima Nand, aged about 65 years, resident of House No. 108-109, Golden Park, Mahesh Nagar, Ambala Cantt, Tehsil and District Ambala, Haryana-133001

                                                                             ……. Complainant.

 

1.       Aditya Birla Sun Life Insurance Company Ltd. (Formerly Known as Birla Sun Life Insurance Company Ltd).

          Rai Market (First Floor of Super Market), Ambala Cantt (Haryana), through its Manager/Authorized Signatory.

2.       Aditya Birla Sun Life Insurance Company Ltd., (Formerly known as Birla Sun Life Insurance Company Ltd., G-Corp Tech Park, 5^th and 6^th Floor, Kasar Vadavali near Hypercity Mall, Ghodbunder Road, Thane (w) 400 601 (Mobile:-912261881000)

                                                                     ….…. Opposite Parties.

 

Before:        Smt. Neena Sandhu, President.

                   Smt. Ruby Sharma, Member,

Shri Vinod Kumar Sharma, Member.         

                            

Present:       Complainant in person.

Shri Puneet Sirpaul, Advocate, counsel for the OPs.

 

Order:        Smt. Neena Sandhu, President

Complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

1. To pay interest @ 18% per annum, on the amount of Rs.2,21,527/- for at least six years and further to pay interest, till the decision of the complaint.
2. To pay Rs.2,00,000/- as compensation for the mental agony and physical harassment suffered by him.
3. To pay Rs.25,000/- as litigation expenses.
382.  

Any other relief which this Hon’ble Commission may deem fit

                                          

2.           The brief facts of the case are that the complainant is a ex-serviceman and in order to invest some amount, he contacted the representatives of the OP no.1, Tarun Goyal, Manager and Umesh Pandaya (employee). On their assurance, complainant agreed to purchase one insurance policy, from the Ops, but later on he came to know that the above said persons, issued four policies in his name, which are as under :-

1. 006200084  with sum assured of Rs.1,17,740.00

2. 005831996 with sum assured of Rs.3,17,000.00

3. 005877396 with sum assured of Rs.5,10,000.00

4. 006211785  with sum assured of Rs._______

 During the month of March 2014, representative of OP no.1, came to the house of the complainant and demanded amount in cash with a plea that the cheque issued by complainant was not cleared by the bank. Complainant gave Rs.6500/- to the said representative and he returned the cheque, to the complainant. On seeing the said cheque, complainant came to know that self was written on the said cheque instead of Aditya Birla Sun Life Insurance Company. Complainant became suspicious and requested the OP No.1, to issue him the receipt. On his request, the OP No.1, issued the receipt but did not issue the policies. The officials of the OPs told him that they will not issue any policy in his name but will return the amount after five years, alongwith interest @ 18% per annum. However, on the repeated requests of the complainant, OP No.1, in the year 2019, refunded the amount of Rs.19,970/- and 64,750. Complainant again requested the OPs, for refund of the entire amount deposited by him with them but OP No.1, refused to accept the request of the complainant. On 22.10.2019, complainant filed a complaint before the Insurance Ombudsman, Chandigarh. On 10.01.2020, the learned Ombudsman passed the award and directed the OPs to pay Rs.1,36,807/-. The said amount was paid by the OPs on 02.03.2020, through cheque. By not refunding the amount in time, the OPs have committed deficiency in service. Hence, the present complaint.

3.           Upon notice, OPs appeared and filed written version and raised preliminary objections with regard to maintainability, cause of action, jurisdiction, bad for non-joinder of the parties and not come with clean hands, etc. On merits, it is stated that complainant approached the answering OPs and submitted various online proposals of different dates, for purchase of the insurance policy, the proposals were accepted and following policies were issued:-

Policy No.	005877396	005831996	006200084	006211785
Policy Issue Date	20.12.2012	22.11.2012	17.08.2013	27.08.2013
Plan type	BSLI Bachat	BSLI Vision	BSLI Bachat Money Back	BSLI Bachat Money back
	Money back plan-term 20 pay 20	Plan-GSB Pay 18	Plan Term 20 pay 20	Plan-term20 pay20
Sum Assured	Rs.1,50,000	Rs.3,17,000	Rs.2,17,740	Rs.3,71,340

 

Complainant opted for traditional policy plan namely BSLI Vision Plan & Bachat Money Back Plan, wherein the complainant was to pay the installment minimum for three years. However, complainant paid only first premium, in two policies and in one renewal policy.  Due to non-payment of further installments, policies got lapsed and terminated after two years. It is further stated that complainant for the first time had approached the answering OPs on 30.08.2019, alleging that agents Tarun Goyal and Umesh Pandaya had cheated him and mis-sold the policies, after approximately seven years from the date issuance of the policies. No contract exists between the answering OPs and the complainant. It is further stated that in compliance of the award dated 10.01.2020, of the Insurance Ombudsman, Chandigarh, the OPs have already refunded the premium amount to the complainant. Complainant had also issued a discharge voucher dated 02.03.2020, wherein it is stated that the amount of Rs.1,36,870/- had been received by him as full and final amount, in relation to the above mentioned policies and he has no further claims of any kind whatsoever on the company thereunder. Complainant has no arisen to file the present complaint against the answering OPs, therefore, same may be dismissed with heavy costs. 

4.           The complainant tendered his affidavit as Annexure C-A along with documents Annexure C-1 to C-11 and closed the evidence. On the other hand, learned counsel for the OPs tendered affidavit of Ms. Aakriti Manocha, Senior Manager-Legal in Aditya Birla Sun Life Insurance Company Ltd., SCO No.226-227, IInd Floor, Sector-34 Chandigarh as Annexure OP-A along with documents Annexure OP-1 to OP-7 and closed the evidence on behalf of OPs.  

     5.           We have heard the learned counsel for the parties and have also                                 gone through the record very carefully.

6.           Complainant has submitted that he had taken the insurance policies in question, from the OPs and had paid the premium amount. On seeing the behavior of the officials of the OPs, he got suspicious and requested the OPs, to refund the premium amount, paid by him. However, the OPs did not refund the entire amount, as a result whereof on 22.10.2019, he filed a complaint against the OPs before the Insurance Ombudsman, Chandigarh. On 10.01.2020, Insurance Ombudsman passed the award and directed the Ops to refund all the premiums collected therein without interest and without deduction of any amount. In compliance of the award dated 10.01.2020, of the Insurance Ombudsman, the Ops refunded the amount of Rs.1,36,870/-. Complainant had deposited the premium amount with the Ops in the year 2012 & 2013, whereas they had refunded the said amount in the year 2020, therefore, OPs are liable to pay interest on the said amount, from the date of deposits, upto 20.03.2020. On the contrary, the learned counsel for the Ops vehemently argued that the learned Insurance Ombudsman, passed the award with the direction to the insurance company to cancel the policies bearing Nos. 005877396, 005831996, 006200084 and 006211765, since inception and refund all the premiums collected therein without interest and without deduction of any amount. In compliance of the order of the Insurance Ombudsman, OPs refunded all the premium amount to the complainant. Complainant had executed Discharge Voucher dated 02.03.2020, Annexure OP-7, in favour of the OP. Complainant has no locus standi to file the present complaint. From the perusal of award dated 10.01.2020, it is evident that the Learned Insurance Ombudsman directed the insurance company to cancel the policies bearing Nos. 005877396, 005831996, 006200084 and 006211765 and refund all the premiums collected therein without interest and without deductions of any amount. Perusal of discharge voucher, dated 02.03.2020, reveals that same has been signed by the complainant, stating therein that an amount of Rs.1,36,870/- has been received by him as full and final amount towards the aforesaid Ombudsman complaint, in relation to the above-mentioned policy and that he has no further claims of any kind whatsoever on the company thereunder. It is not the case of the complainant that the OPs had obtained the discharge voucher from him, by exercise of undue influence or by misrepresentation or he had signed the discharge voucher under some pressure. Once the complainant has received the payment as full and final amount qua the above referred policies and had executed the discharged voucher in favour of the OPs, at own his sweet will. Therefore, the complainant has no occasion to file the present complaint. In the case of M/S. Eggro Paper Moulds Ltd. vs New India Assurance Co. Ltd., 1 (2016) CPJ 404(NC), the Hon’ble National Commission, New Delhi, has held that the matter finally stands settled between  the parties  and  the  Commission has no power to interfere with that settlement.

               In view of the aforesaid discussion, we hereby dismiss the present complaint, being devoid of merits. The parties are left to bear their own costs. Certified copy of this order be supplied to the parties, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

      Announced on: 18.10.2021.

 

 

 

          (Vinod Kumar Sharma)        (Ruby Sharma)                   (Neena Sandhu)

              Member                             Member                            President