BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KAITHAL.
Complaint Case No.306 of 2017.
Date of institution: 16.11.2017.
Date of decision:08.05.2019.
Karambir S/o Sh. Gian Chand, V.P.O. Dhand, near I.T.I. Dhand, Distt. Kaithal.
…Complainant.
Versus
- Aegon Life Insurance Co. Ltd. Building No.3, Third Floor, Unit No.1, NESCO IT PARK WESTERN Express Highway Goregaon (E) Mumbai.
- Aegon Life Insurance Co. Ltd., 2nd floor, S.C.O.no.407, Sector-35C, Chandigarh.
….Respondents.
Before: Sh. D.N.Arora, President.
Sh. Rajbir Singh, Member.
Smt. Suman Rana, Member.
Present: Sh. Surender Kumar, Advocate, for the complainant.
Ms. Anita Chaudhary, Advocate for the OPs.
ORDER
D.N.ARORA, PRESIDENT
The complainant has filed the present complaint under Section 12 of Consumer Protection Act, 1986, with the averments that the complainant purchased five policies bearing Nos.140814185887, 140914214878, 140914209335, 150314382726 and 150314382758 from the Op company on 22.09.2014. It is alleged that the complainant got deposited the premiums of said policies and the Ops assured the complainant that they will provide the policy documents and F.P.R. of all the insurance policies within month. It is further alleged that the complainant requested the Ops several times to deliver/provide the insurance policies but the Ops lingered on the matter on one pretext or the other. The complainant also requested the Ops to cancel his insurance policies and to refund his amount but the Ops did not redress the grievances of complainant. So, it is a clear cut case of deficiency in service on the part of Ops and prayed for acceptance of complaint. Hence, this complaint.
2. Upon notice, the OPs appeared before this Forum and contested the complaint by filing their reply raising preliminary objections that the complainant had purchased six policies over a period of 6 months i.e. 150314382758, 140914209355, 140914214878, 150314382726, 514729545849 and 140814185887 from the Ops. Four policies are Unit Link Unit Linked Life Insurance Policy and it is made clear in the standard policy provisions that the policy of complainant is a regular premium Unit Linked Life Insurance Policy. The policy will participate in the investment performance of the funds of the company chosen by the complainant and all the said policies are different from traditional insurance policies and are subjected to different risk factor. It is submitted that the complainant had paid the renewal premium for the policy bearing No.140814185887 and the complainant had also availed another policy bearing No.514729545849 from the Ops company issued on 16.06.2014 wherein the renewal premiums are being paid regularly and the due date for the same is on 16.06.2018. This clearly shows that the complainant was in receipt of the policies and is fully aware about the terms and conditions of the policies. There is no deficiency in service on the part of Ops. On merits, the objections raised in the preliminary objections are reiterated and so, prayed for dismissal of complaint.
3. The complainant tendered into evidence affidavit, Ex.CW1/A and documents Ex.C1 to Ex.C4 and thereafter, closed the evidence.
4. On the other hand, the Ops tendered into evidence affidavit, Ex.RW1/A and thereafter, closed the evidence.
5. We have heard the learned Counsel for both the parties and perused the record carefully.
6. From the pleadings and evidence of the case, it is not disputed that the complainant purchased the five policies bearing Nos.140814185887, 140914214878, 140914209335, 150314382726 and 150314382758 from the Ops company on 22.09.2014. It is also not disputed that the complainant got deposited the premiums of above-said five policies on different dates. The grievance of the complainant is that the Ops did not issue the policy documents and he requested the Ops several times to cancel his insurance policies and to refund his amount but the Ops did not redress the grievances of complainant.
On the other hand, ld. counsel for the Ops contended that the complainant had purchased six policies over a period of 6 months i.e. 150314382758, 140914209355, 140914214878, 150314382726, 514729545849 and 140814185887 from the Ops. He further contended that the complainant had paid the renewal premium for the policy bearing No.140814185887 and the complainant had also availed another policy bearing No.514729545849 from the Ops company issued on 16.06.2014 wherein the renewal premiums are being paid regularly and the due date for the same is on 16.06.2018, so, it clearly shows that the complainant was in receipt of the policies and is fully aware about the terms and conditions of the policies. He further contended that the Ops had issued the policies in question vide speed post. He further contended that the complainant first approached the company for cancellation of the disputed policies vide letter received on 26.12.2015 which is much beyond the free look period.
7. We have considered the rival contentions of both the parties and perused the record available on the file. On perusal of letter dt. 10.12.2015 Ex.C1 it is clear that the policy bonds were not received by the complainant and the complainant requested the Ops to cancel the policies and refund the premium amount. In reply of said letter, the Ops wrote letters dt. 28.04.2016 to the complainant mentioning therein that the first free look request was received by them on 26.12.2015 which is beyond free look period. Thereafter, the complainant again wrote letter dt. 14.06.2017 Ex.C2 to the Ops and requested them to refund the premium amount deposited by him. The complainant also wrote letter dt. 20.07.2017 Ex.C3 to the Insurance Lokpal, Chandigarh regarding refund of policies amount but they did not take any action. We have perused the details of policies wherein it is clear that the policy namely “Aegon Life Term Plan” bearing number 514729545849, premium amount of Rs.16,992/- and policy status is in force, policy namely “Aegon Life Future Protect Plus Insurance Plan” bearing No.140914214878, premium amount is Rs.50,000/- and policy status is mentioned as terminated, policy namely “Aegon Life Future Protect Plus Insurance Plan” bearing No.140914209335 premium amount is Rs.1,00,000/- and policy status is mentioned as terminated, policy namely “Aegon Life Future Protect plus Insurance Plan” bearing No.150314382726, premium amount is Rs.1,00,000/- and policy status is mentioned as terminated and policy namely “Aegon Life Future Protect plus Insurance Plan” bearing No.150314382758, premium amount is Rs.1,00,000/- and policy status is mentioned as terminated.
So, from the facts and circumstances of the case, it is clear that out of five policies which the complainant has challenged in the complaint, only one policy is in force and remaining four policies mentioned above are not in existence as the same were terminated by the Ops and the total premium amount of four policies which the complainant has deposited becomes Rs.3,50,000/-. The complainant requested the Ops several times to refund the premium amount but the Ops have not listen the genuine request of complainant. The Ops have failed to produce any record which could prove that the Ops had issued the above-mentioned four policies in question to the complainant. Furthermore, many opportunities had been given to the Ops to produce the record from which it could be ascertained that the Ops had issued the policies in question i.e.No.140914214878, No.140914209335, No.150314382726 and No.150314382758 but the Ops did not produce any record. The Ops have only mentioned the dispatch date and receipt date of the policies in question but they have not produced any record on file. Hence, this Forum has no option except to accept the version of complainant that he has not received the above-said four policies and prayed for refund of the premium amounts paid in lieu of the four policies mentioned above and the same is genuine one. The Ops retained the hard money of the complainant in the shape of premium amounts which is tantamount to act of playing the act of unfair trade practice and it is clear that the Ops till now have not refunded the premium amounts to the complainant, which is gross deficiency in service on their part.
8. Thus, as a sequel of above discussion, we allow the complaint and direct the Ops to pay Rs.3,50,000/- to the complainant alongwith interest @ 9% p.a. from the date of deposit of premium amounts on different dates till its realization and further to pay Rs.5500/- as lump sum compensation on account of harassment, mental agony and litigation charges. Both the Ops are jointly and severally liable. Let the order be complied with within 30 days from the date of preparation of copy of this order. A copy of said order be supplied to the parties free of costs. File be consigned to record-room after due compliance.
Announced in open court:
Dt.:08.05.2019.
(D.N.Arora)
President.
(Suman Rana), (Rajbir Singh)
Member Member.
