Date of filing:19.04.2021

                                                              Date of Disposal:15.11.2022

BEFORE THE III ADDITIONAL BANGALORE URBAN

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

                               BENGALURU – 560 027.

DATED THIS THE 15^th DAY OF NOVEMBER, 2022

CONSUMER COMPLAINT NO.290/2021

PRESENT:

SRI.RAJU K.S,

SMT.REKHA SAYANNAVAR,:MEMBER

Mr. Raja Jondhle,

A 701, Keerthi Regalia,

Opp. Wipro Corp Office

Sarjapur Road,

Bengaluru 560 035

Karnataka State

Mobile: 8861836217……COMPLAINANT

In person.

Aegon Life Insurance Company Limited

Building No.3, 3^rd Floor,

Unit No.1, Nesco

IT Park Western Express Highway

Goregaon (East), Mumbai

Mumbai City MH 400063……OPPOSITE PARTY

(OPPOSITE PARTY- Exparte.)

*****

//JUDGEMENT//

BY SRI. RAJU K.S, MEMBER

The complainant has filed this complaint u/s 34(1), 34(2)(d), 35, 36, 39 of the Consumer Protection Act 2019 seeking refund of Rs.2,42,000/- insurance amount by cancelling the two insurance policies with compensation of Rs.40,000/-.

2. The complainant purchased Aegon Life Imaximize Insurance policy No.5190051116713 for monthly premium of Rs.11,000/- and Aegon Life Jeevan Riddhi Insurance policy No. 719051116446 for Rs.1,10,000/- annual payment premium. From the month of May 2019 the complainant has paid premium for a period of one year in total of Rs.1,31,000/-.

3.  At the time of inception of the policy the Opposite party’s agent assured that both the policies would give good returns irrespective of the ability if the complainant able to continue the policies.

4. Further the policies purchased by the complainant in May 2019 were sent to the address mentioned in Aadhar card wherein the complainant was not residing, even he had mentioned correct address in proposal form. Hence the complainant received policy document in the month of November –December 2019. At that time complainant had lost the free look period to make any corrections in the policy.

5. After collecting the policy documents from the old address of the complainant, the complainant came to know that inspite of instruction of the complainant to make the both policies unit linked, the Opposite party’s made Jeevan Riddhi Insurance Policy as non-market linked policy for which the complainant has made annual payment of Rs. 1,10,000/-. Another Rs.21,000/- was utilized as 2 months advance payment towards life iMaximize Insurance Policy. 

6. Further free look cancellation period was expired due to hard copies were sent to the incorrect address. In addition to that the Opposite party has charged double time ECs deduction in April, May, June 2020. Due to the false and vexatious assurance the complainant did not get any benefit as assured. The request of complainant to change the policies for unit linked has not at all heeded by Opposite party. The Opposite party officials acted negligently even they mentioned the wrong PAN number and due to their mistakes the complainant was forced to loss the monetary benefits and it amounts to deficiency in service. Hence prayed for the compensation.

7.  Upon issuance of notice, Opposite party remained absent. Hence placed exparte.

8.  To prove the case the complainant has filed affidavit in the form of his evidence in chief and got marked Ex. P1 to P9 documents.

9. On the basis of the pleading and documents, the points that would arise for consideration are as under:

i) Whether the complainant proves the deficiency of service on the part opposite party?

ii) Whether the complainant is entitled for the reliefs sought in the complaint?

iii) What order?

   10.   Our findings on the aforesaid points are as follows:

Point No.1 :  In negative  

Point No.2 :  In negative

Point No.3 :  As per the final order for the following;

REASONS

  11. POINT NO.1:- It is the case of the complainant that due to lured by the agent of Opposite party, he purchased two insurance policies from Opposite party i.e., Aegon Life Jeevan Riddhi Insurance Policy annual payment plan vide policy no. 719051116446 by paying Rs.1,10,000/- premium annually and Aegon Life IMaximize Insurance Plan No.5190051116713 monthly plan by paying Rs.22,000/- two months advance payment, totally Rs.1,31,000/- paid on May 2019. Inspite of mention of present address as shown in the cause title the hard copy of policy documents were delivered to the incorrect address which was shown in Aadhar card and other documents, even the representative of Opposite party is clearly known the present address of complainant. From sending of policy document to wrong address the complainant has lost the opportunity to review the policy conditions within the free look period of 30 days.

12.  The Opposite party agents neglected the instructions of complainant to opt both the policies as unit linked policies. The Opposite party opted Aegon Life Jeevan Riddhi Policy as non-unit linked for Rs.1,10,000/-. But the complainant would have got more profit if it was unit linked policy.  The request of the complainant to change the policy condition to unit linked policy was not heeded by the Opposite party. If the complainant had got converted both policies as unit linked policies then he would have got more profit compared to present. Now from the act of the Opposite party the complainant suffered monetary loss. In addition to that the Opposite party has made double deduction in ECS for the month of April, May, June 2020 two times i.e. for Rs.22,000/- instead of Rs.11,000/- per month. Hence the OP failed to give service as assured.

   13.  In Ex P2 proposal form the complainant had given two addresses. One address was for communication in which the complainant presently was residing and another one was his permanent address which is also appears in Ex P1 Aadhar card. As usual the Opposite party had  sent the hard copies to his permanent address. But the complainant had the earliest opportunity when he received OTP for confirmation. Here as per the say of  the complainant he forwarded the OTP to one Aishwarya B Nag agent of Opposite party who filled the online proposal form.  It is the duty casted on the complainant before proceeding to give consent has to confirm himself with regard to the information to be filled in the instruction form.  But here it was an online insurance policy (e-policy) and the OTP was sent to the registered telephone of the complainant. The complainant himself failed to confirm the details before providing OTP. In this complaint the complainant has failed to what type of deficiency caused to him by Opposite party.

    14.      The complainant failed to produce any documents in respect of the loss sustained and attributed to him from the present policies. The complainant should have to be produced the documents to show as to what was the loss sustained to him due to non-conversion of present policies in to an Unit Linked policy.  For his fault the Opposite party cannot be punished.  The complainant did not produced any iota of evidence except email conversation, to show that due to negligence of Opposite party the complainant suffered monetary loss. Even the complainant did not file any documents for the double deduction made in the ECS for the month of April, May, June 2020. Hence we came to the conclusion that the Opposite party is not liable for deficiency in service to the complainant. Hence we answer Point No.1 in Negative.

15. POINT NO.2:- In view of the discussion made in the above paras the complainant is not entitled to any relief as sought. Hence no order as to cost.

16. POINT NO.3:-  In view of the discussion made above, we proceed to pass the following;

Complaint is hereby dismissed. No order as to cost.

Supply free copy of this order to both the parties and return extra copies of the pleading and evidence to the parties.

Applications pending, if any, stand disposed of in terms of the aforesaid judgment.

  (Dictated to the Stenographer, typed by him, the transcript corrected, revised and then pronounced in the open Commission on 15^th day of November, 2022)                                            

• REKHA SAYANNAVAR)  (RAJU K.S)    (SHIVARAMA, K)    

MEMBER MEMBERPRESIDENT

//ANNEXURE//

Witness examined for the complainants side:

 Sri. Raja Jondhle, the complainant has filed his affidavit.

Documents marked for the complainants side:

2: Copy of proposal form towards purchase of Aagon Life Jeevan Riddhi Insurance Plan.

3: Copy of policy document of Aegon Life Jeevan Riddhi Insurance plan.

4: Copy of proposal form towards purchase of Aegon Life Imaximize Insurance plan.

5: Copy of the policy document of Aegon life IMaximize Insurance Plan.

6: Copy of Citi Bank statement of May 2019 for initial payment of Rs.1,31,000/-

7: Copy of the legal notice of complainant.

8: Registered postal acknowledgement.

9: Copies of email correspondences between complainant and Opposite party.

 Witness examined for the opposite party side:         

Documents marked for the Opposite Party side:

• REKHA SAYANNAVAR)    (RAJU K.S)         (SHIVARAMA, K)    
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