BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH ======== Consumer Complaint No | : | 74 of 2011 | Date of Institution | : | 08.02.2011 | Date of Decision | : | 15.04.2011 |
Balwant Singh Sodhi, House No.438, Sector 44-A, Chandigarh. ….…Complainant V E R S U S Aegon Religare Life Insurance Co. Ltd., SCO No.2417-2418, Second Floor, Sector 22-C, Chandigarh through its Branch Manager. ..…Opposite Party CORAM: SH.P.D.GOEL, PRESIDENT SH.RAJINDER SINGH GILL, MEMBER DR.(MRS) MADANJIT KAUR SAHOTAMEMBER Argued by:Sh. Gaurav Bhardwaj, Adv. for complainant. OP exparte. PER P.D.GOEL, PRESIDENT The complainant namely Balwant Singh Sodhi has filed the present complaint under section 12 of the Consumer Protection Act (as amended upto date) “hereinafter referred to as the Act”. In short, the facts of the case are that agent of the OP visited the house of the complainant and offered saving plan. The complainant had to pay single premium of Rs.50,000/- on which the OP shall pay interest @ 16% for three years and thereafter he shall be getting Rs.70-75000/- and in addition to it, the insurance cover for Rs.5,00,000/- had to be provided to any of his relations as he could not be given that benefit as he had attained the age of 60 years. It is the grievance of the complainant that the blank forms were got signed from him and also from his son-Mr.Inderpreet Singh. The complainant was surprised to receive a call to deposit another sum of Rs.50000/-. The complainant read the policy schedule wherein it was mentioned that the policy term was 25 years and semi-annual premium of Rs.50000/- is to be paid. Thus, the complainant immediately contacted the agent of the OP who sold the policy and he was assured that one time premium was payable. The complainant also wrote letter to OP with a request to cancel the policy and refund the amount of Rs.50000/-. The said letter was duly received by the OP along with the original document on 9.11.2010. The complainant was also assured that policy would be cancelled and the amount would be refunded to him after few days. It is the grouse of the complainant that he was shocked to receive a letter dated 12.11.2010 (Annexure C-4) that the policy could not be cancelled and the amount of Rs.50000/- could not be refunded as the request had not been made within 15 days of free look period. Alleging deficiency in service and unfair trade practice on the part of OP, the complainant has filed the present complaint. 2. OP was duly served for 21.03.2011 but none appeared, hence proceeded exparte. 3. The complainant led evidence in support of his case. 4. We have heard the learned counsel for the complainant and have also perused the record. 5. The complainant has supported the averments contained in the complaint by filing his affidavit. The complainant wrote letter dated 09.11.2010 (Annexure C-2) to the OP with a request that his policy schedule may be changed to a single premium of Rs.50000/- and he should be allowed to withdraw the amount after three years along with interest as was assured by agent of OP. Otherwise the policy may be cancelled and the amount of Rs.50000/- may be refunded. OPs wrote letter dated 12.11.2010 (Annexure C-4) stating therein that as per the record the policy document was dispatched on 28.04.2010 and it was delivered on 30.04.2010. The cancellation was received on 09.11.2010 which is beyond the free look period. It has further been stated that the policy was issued strictly as per the offer made by the complainant in the proposal form and in case, the complainant was not satisfied with the terms and conditions of the insurance policy, he can opt to cancel the policy within 15 days only on receipt of the policy as per Regulation 6(2) of the IRDA (Protection of Policy Holder’s interests) Regulations, 2002. However, the policy documents were not received within the stipulated period of 15 days from the date of receipt of this policy, therefore, the request for cancellation of the policy is not acceptable. 6. The letter dated 12.11.2010 makes it clear that, in case, the complainant was not satisfied with the terms and conditions of the insurance policy, he could opt to cancel the policy within 15 days from the receipt of the policy. Admittedly, the OP despite service did not care to contest the case and as such it can be concluded without any hesitation that either the OP admits the claim of the complainant or has nothing to say in the matter. Moreover, the evidence led by the complainant has also gone un-rebutted and uncontroverted. 7. It will not be out of place to mention here that OPs inspite of the letter dated 12.11.2010 had neither produced the proposal form nor the terms and conditions of the insurance policy wherein it had been recorded that the complainant had to opt to cancel the policy within 15 days form the date of its receipt as per Regulation 6(2) of the IRDA (Protection of Policy Holder’s interests) Regulations, 2002. The matter does not rest here. The said letter is also not supported with any affidavit. Therefore, OP cannot be allowed to raise the defence that the complainant can opt to cancel the policy only within 15 days form the date of receipt of the policy. 8. As result of the above discussion, this complaint is accepted exparte and OP is directed to cancel the policy No.100411813508 and refund the amount of Rs.50000/- to the complainant along with interest @ 9% p.a. from the date of its deposit till realization. The OP is also directed to pay to the complainant a sum of Rs.5000/- as costs of litigation. This order be complied with by the OP within one month from the date of receipt of its copy. 9. The certified copies of this order be sent to the parties free of charge. The file be consigned. Sd/- sd/- sd/- 15.04.2011 | [Dr. (Mrs) Madanjit Kaur Sahota] | | [Rajinder Singh Gill] | (P.D.Goel) | Cm | Member | | Member | President |
| | DR. MRS MADANJIT KAUR SAHOTA, MEMBER | MR. RAJINDER SINGH GILL, PRESIDING MEMBER | , | | 
