Order-15.
Date-19/08/2016.
This is an application u/s.12 of the C.P. Act, 1986.
The case of the Complainant in short is that she was approached by the OP2 in some time in the 1st week of March, 2013 to take a policy of OP1. Such proposal was initially refused by her as she has no capacity to take such policy and her husband is a retired person aged about 73 years and she is earning Rs.12,000/- per month, but on repeated requests of OP2 she advised him that he could surrender one of her policies under this Company and for which five annual premium (Rs.50,000/- per year) has already been paid and that with the surrendered value this OP2 could go new single premium policy. Accordingly OP2 has taken her signature on the proposal form and also collected all necessary documents alongwith two photographs from her. She signed the form as per the instruction of the O.P.No.2. After two/three weeks when she was out of Calcutta alongwith her husband for some urgent work, O.P. sent the policy bond being no.FB10083702 and it was delivered to her minor child of ten years old. On return she saw the policy with regular premium of Rs.2,06,180/- p.a. for twelve years. The Complainant thereafter immediately talk to the Park Street Office of the OP1 for return of the policy but the said office refused to accept on the ground that the free look period was over. Hence this case.
OPs have contested the case contending, inter alia, that the case is not maintainable in fact and in law. It is stated that the Complainant had voluntarily applied a guaranteed policy and had opted for a swap of the previously issued policy with “Aviva Family Income Builder Policy” being the guaranteed policy after fully knowing well about the terms and conditions of the policy. It is also stated on 15-03-2013 the Complainant after completely understanding the terms and conditions of the product “Birla Vision Plan” had filled up the proposal form and signed it and offered to pay initial premium of Rs.2,06,180/- towards the premium under the said plan. It is also stated that the contents of the proposal form were explained to the Complainant. The policy documents were dispatched to the Complainant’s address on 20-03-2013 and was received by the Complainant on 21-03-2013. It is alleged that if she disagreed with the terms and conditions of the policy, she should have return the policy within 15 days of the receipt of the same and was entitled for cancellation available to the Complainant pursuant to the terms and conditions of the policy. The OPs have prayed for dismissal of the case.
Point for Decision
- Whether the case is maintainable in its present form and prayer?
- Whether complainant is entitled to get the relief as prayed for?
Decision with Reasons
We have browsed over the documents on record namely insurance policy, order of Insurance Ombudsman and different letters on different dates between the parties etc. etc.
It is a peculiar case where the head is at one place and the tail is lying elsewhere. From the documents on record it appears that the complainant approached Insurance Ombudsman alleging all the points incorporated in this case. We also find that award was passed to refund the entire premium amount of the policy to the complainant on cancellation of the same with the consent of the complainant. Thereafter, consent was also given by the complainant for complying the award wherein the complainant gave unconditional acceptance of the award. It appears that the OP Company has complied with the award as passed by the Insurance Ombudsman and we think that there is no more liability of the company whatsoever. It also appears that the complainant approached Insurance Ombudsman seeking appropriate relief and submitted ‘P’ Forms giving her unconditional and irrevocable consent for the Hon’ble Insurance Ombudsman to act as a mediator between the insurer and the complainant for resolution of the complaint. The complainant has given out the consent before the OPs stating “with reference to award no.IO/KOL/A/LI/0043/2015-16 of the Insurance Ombudsman forwarded to you, I hereby give my unconditional acceptance of the Award in full and final settlement in respect of my above complaint. Kindly arrange for the compliance of the ‘Award’ at the earliest”. It appears that the complainant accepted the Award and subsequently, has come before this Forum to claim interest. We find that the Insurance Ombudsman passed award of refund of entire premium with no deduction of any amount as non-standard basis and did not pass any order as to payment of interest as Hon’ble Insurance Ombudsman thought it fit and proper. Complainant did not agitate over the matter or move before any Appellate Authority.
This Forum is not supposed to calculate interest etc. Consumer Forum is supposed to take up the matter of deficiency of service. The complainant has not prayed for any substantive relief in this case but has prayed for interest. The matter has already been decided by Insurance Ombudsman and complainant accepted the Award. The case we find is barred by the principle of res judicata as well as estoppel. The complaint appears to be vexatious, frivolous and harassive. We accordingly, dismiss the complaint.
In result, the case fails.
Hence,
Ordered
That the instant case be and the same is dismissed on contest against the OPs with cost which is quantified at Rs.10,000/- to be paid by the complainant to the OPs, i.d., Section 25 read with Section 27 of the C.P. Act shall be invoked.
