BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

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Gian Singh S/o Dalip Singh, R/o Village Shingriwala, Tehsil Kharar, District Mohali

…..Complainant

                                      V E R S U S

Aviva Life Insurance Company Ltd., SCO No.180-182, Second Floor, Sector 19-C, Chandigarh, through its Branch Manager.

                                         ……Opposite Party

CORAM:     SH.RAJINDER SINGH GILL           

PRESIDING  MEMBER

                   DR.(MRS) MADANJIT KAUR SAHOTA   

 MEMBER

Argued by:     Sh.Gaurav Bhardwaj, Counsel for complainant.

Sh.Sandeep Suri, Counsel for OP

PER  RAJINDER  SINGH  GILL, PRESIDING MEMBER

              In nutshell, the complainant purchased one Life Insurance Policy from OP, by making payment of Rs.1.00 lacs as on 8.7.2011, but did not receive the policy document even after six months.  As such, he visited the OP, who told that the policy document is lying with their Mohali Branch.  When, he visited Mohali Branch of OP, they informed that the policy document has been delivered to him and in case he has not received the same, he should give representation to the OP. Thereafter, complainant sent letter dated 18.1.2012 to OPs followed by reminder dated 2.2.2012, but the OP neither sent the policy document nor refunded the premium amount.   Hence, this complaint with prayer to directed the OPs to refund the premium amount along with interest, compensation and litigation costs.

2]           OP filed reply admitting the issuance of policy in question to the complainant.  It is stated the said policy was taken by hand by the complainant from the Office of OP On 16.08.2011.   The copy of the delivery register is annexed.  It is also stated that the complainant had not exercise his right to cancel the policy within the free look period.  The complainant has not given the reasons for cancellation of the policy. The complainant is bound by the terms & conditions of the policy in question.  Rest of the allegations have been denied with a prayer to dismiss the complaint.

3]           Parties led evidence in support of their contentions.

4]           We have heard the learned Counsel for the parties and have also perused the record. 

5]           Admittedly, the complainant made payment of Rs.1.00 lakh to OP Company towards an insurance policy bearing NO.TDW-3101331.

6]           The grouse of the complainant is that he had not been supplied the policy document by the OP in respect of the policy in question even after expiry of six months. As such, he visited the OP, who told that the policy document had already been delivered to him at his residence.

7]           The ld.Counsel for the OP has contended that the complainant had received the policy document by hand from its Office on 16.8.2011 as is proved from Ann.-A, which is the copy of delivery register, therefore, he is not entitled for the relief claimed for.

8]           We have perused Ann.A, placed on record by the OP, as the copy of the delivery register, to prove that the policy document was received by the complainant by hand. 

9]           However, this document Ann.A, from the face of it, proves to be a procured & prepared one, created with a sole motive & intention to defeat the genuine claim of the complainant. The document (Ann.A) neither bears the Stamp of the Company, who allegedly delivered the policy document to the complainant nor the signature of its Officials or Officers, maintaining such record, which is supposed to be legally done by it.  Therefore, the plea of the OP that the policy document was received by the complainant by hand from its Office is vague & unsustainable.  Since, the complainant did not receive the policy document, therefore, his request to cancel the policy and refund the premium amount, made within 6 months of purchase was fully justified, which was denied by the OP.  Such an act & conduct of the OP Company not only prove their deficiency in rendering proper services, but also proves their indulgence into unfair trade practice.

10]         In view of the foregoing discussion, we are of the opinion that the deficiency in service and unfair trade practice on the part of the OP is writ large.  The complaint must succeed.  The same is accordingly allowed.  The OP is directed to refund the premium amount of Rs.1.00 lakh to the complainant. The OP is also directed to pay compensation of Rs.25,000/- for its deficient act causing mental & physical harassment to the complainant, apart from paying litigation cost of Rs.10,000/-.

              This order be complied with by the OP within a period of 30 days from the date of receipt of copy of this order, failing which it shall be liable to pay the above awarded amount of Rs.1,25,000/-along with interest @12% p.a. from the date of filing this complaint i.e. 03.04.2012 till its actual payment, besides paying litigation costs, as aforesaid.

              Certified copies of this order be sent to the parties free of charge. The file be consigned.