DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,  BARNALA, CAMP COURT AT AMRITSAR, PUNJAB.

Complaint Case No : RBT/CC/2018/53

Date of Institution : 22.01.2018/29.11.2021

Date of Decision : 09.08.2022

Jaspreet Kaur d/o Harpal Singh r/o 3656-57, Gali No. 3, Guru Ram Dass Nagar, Sultanwind Gate, Amritsar. …Complainant

Versus

1. Aviva Life Insurance Company Limited situated at SCO-25, 1st Floor, Aneja Tower, Circular Road, Main Market, B-Block, Ranjit Avenue, Amritsar, Punjab through its Authorized representative/Signatory.  

2. Aviva Life Insurance Company India Limited situated at Aviva Tower, Sector Road, Opposite Golf Course, DLF Phase V, Sector 43, Gurgaon-122003 (Haryana) through its Authorized representative/Signatory.

…Opposite Parties

Complaint U/S 11, 12 and 13 of The Consumer Protection Act

Present: Smt. Jaspreet Kaur complainant in person. 

Sh. SK Vyas Adv counsel for opposite parties.

Quorum.-

1. Sh. Ashish Kumar Grover : President

2. Smt. Urmila Kumari : Member

(ORDER BY ASHISH KUMAR GROVER PRESIDENT):

    The present complaint has been received by transfer from District Consumer Commission, Amritsar in compliance of the order dated 26.11.2021 of the Hon'ble State Consumer Disputes Redressal Commission, Punjab, Chandigarh. The complainant filed the present complaint under Section 11, 12 and 13 of the Consumer Protection Act against Aviva Life Insurance Company Limited, Amritsar and another. (in short the opposite parties). 

2. The facts leading to the present complaint as stated by the complainant are that the complainant purchased one life insurance policy in her name from the opposite party bearing policy No. 10333074 and client ID is 40727263 for a period of 10 years commenced from 9.5.2017. At the time of taking the policy the complainant paid a sum of Rs. 25,941/- annual premium for the policy and opposite party No. 1 promised to deliver the documents for the policy to the complainant in few days. The complainant purchased the policy in May 2017 and from then she requested the opposite party No. 1 many times to give the documents for the said policy but they neglected the matter on one pretext or the other. So, on 30.11.2017 the complainant wrote letter to the opposite party No. 1 to cancel the policy and to refund the money given at the time of purchasing the policy. On 19.12.2017 the complainant received the documents of the said policy. On 28.12.2017 within 15 days from receiving the policy documents the complainant again wrote down to the Manager Amritsar Branch regarding cancellation of her policy and for refund of money of the policy as it is written on the policy bond that if the customer is dissatisfied with the policy, the customer can cancel his policy within 15 days of the receiving the policy document. After that the complainant many times requested the opposite parties and also emails to the service centre of the Aviva customer service regarding this matter and for cancellation of policy but no action was taken by them till date and no refund was given to the complainant. By not providing the policy documents to the complainant for around 8 months amounts to deficiency in service and unfair trade practice. Hence, the present complaint is filed seeking the following reliefs.-

1) The opposite parties may be directed to refund the amount of Rs. 25,941/- alongwith interest at the rate of 18% per annum from the day of purchasing the policy.       

2) To pay Rs. 50,000/- on account of compensation, Rs. 50,000/- for deficiency in rendering services and unfair trade practice, Rs. 30,000/- for harassment and mental tension.

3) To pay Rs. 20,000/- as cost of legal expenses.

4) Any other relief to which the complainant is found entitled. 

3. Upon notice of this complaint, the opposite parties filed written version taking preliminary objections on the grounds that there is no deficiency in service qua the complainant and complaint is not maintainable. As per records of the opposite party original policy was duly dispatched to the complainant through Bluedart Courier vide AWB No. 34181520892 on 11.5.2017 which was returned undelivered and again the policy was re-dispatched on 1.6.2017 through speed post AWB No. EH575440101IN which was never received back undelivered by the opposite party. Even the complainant never approached the opposite party regarding non receipt of the policy. However, on the request of the complainant duplicate policy was admittedly issued by the opposite party to the complainant in December 2017 vide letter dated 8.12.2017 in which it was clearly mentioned that the said duplicate policy was being issued without freelook clause. The complainant was well aware about the free look clause available in the policy according to which in case the insured was not satisfied with the insurance product as per agreed terms and conditions of the policy and IRDA Regulations 2002 the policyholder had an option to cancel the policy within 15 days of receipt of the policy bond. As she failed to get the policy cancelled within the statutory period of 15 days from the receipt of the policy therefore deliberately raised the complaint of non receipt of the original policy and taking shelter of the duplicate policy issued by the opposite party obtained from the opposite party with malafide intention so as to put up her claim within 15 days from the receipt of duplicate policy knowing well that she is not entitled to refund of premium having not approached within 15 days free look period and the opposite party after examining the same rightly declined having been made after the free look period of 15 days from the date of receipt of the policy as the same was beyond free look period so the opposite party was unable to process request of the insured for cancellation of the insurance policy and complainant was rightly declined the return of the premium amount. The complainant purchased the policy with her own free will and without any pressure and declared that he has received, read and fully understood the product brochure and benefits illustrations of Aviva Life Insurance Company Limited so now she cannot claim refund of the premium amount. 

4. On merits, it is submitted that the original policy was duly dispatched to the complainant as mentioned in the preliminary objections and she failed to approach the opposite party within the period 15 days as provided under the policy to cancel the policy and as such the complainant is not entitled to get refund of the amount invested and the same has been forfeited due to non payment of subsequent premium as per terms and conditions of the policy. Rest of the submissions already mentioned in the preliminary objections so there is no need to repeat the same. However, the complainant admitted that she had received the duplicate policy which cannot be termed as the original policy and free look clause not applicable on the duplicate policy. Lastly, the opposite party lastly prayed for the dismissal of the present complaint with costs. 

5. In support of her complaint, the complainant tendered in evidence her affidavit Ex.CW-1/A, copy of letter dated 30.11.2017 Ex.C-1, copy of duplicate policy documents received by the complainant Ex.C-2, copy of various mails sent to opposite parties Ex.C-3, copy of letter addressed to the Manager, Aviva Life Insurance Ex.C-4, copy of tracking detail Ex.C-5, copy of letter dated 28.12.2017 Ex.C-6 and closed the evidence. 

6. To rebut the case of the complainant the opposite parties  tendered in evidence affidavit of Arindam Mishra Manager Legal Ex.OP-1, documents Ex.OP-2 to Ex.OP-6 and closed the evidence.   

7. We have heard the learned counsel for the parties and have gone through the record on the file carefully. Written arguments also filed by the opposite party.

8. It is admitted fact between the parties that the complainant purchased life insurance policy from the opposite parties for the period of 10 years and paid the premium of the same amounting to Rs. 25,941/-.  The main grievance of the complainant in the present complaint that the despite receiving of premium the opposite parties not supplied the original policy alongwith policy documents to the complainant. It is mentioned in the complaint that the complainant requested many times to the officials of the opposite party to supply the original policy alongwith policy documents to the complainant but of no use. It is not denied by the opposite parties that the complainant wrote a letter dated 30.11.2017 Ex.C-1 to the opposite parties regarding not receiving the policy documents, which also proved on the file that till 30.11.2017 the complainant has not received the policy documents from the opposite parties. However, it is admitted by the complainant in her complaint that on 19.12.2017 she received the policy and on 28.12.2017 within 15 days from receiving the policy documents complainant sent a letter dated 28.12.2017 for cancellation of policy and for refund of money of the policy as it is written in the policy that if the customer dissatisfied with the policy customer can cancel his insurance policy within 15 days from receiving the policy documents but no refund was given to the complainant. 

9. Learned counsel for the opposite party argued that the original policy was dispatched to the complainant through Bluedart courier vide AWB No. 34181520892 on 11.5.2017 which was returned undelivered and again the policy was re-dispatched on 1.6.2017 through speed post AWB No. EH575440101IN which was never received back undelivered by the opposite party. He further argued that on the request of the complainant duplicate policy was admittedly issued by the opposite party to the complainant in December 2017 vide letter dated 8.12.2017 in which it was clearly mentioned that the said duplicate policy was being issued without freelook clause. The complainant was well aware about the free look clause available in the policy according to which in case the insured was not satisfied with the insurance product as per agreed terms and conditions of the policy and IRDA Regulations 2002 the policyholder had an option to cancel the policy within 15 days of receipt of the policy bond but she failed to get the policy cancelled within the statutory period of 15 days from the receipt of the policy therefore deliberately raised the complaint of non receipt of the original policy with malafide intention so as to put up her claim within 15 days from the receipt of duplicate policy.   

10. To prove that the complainant received the policy on 19.12.2017 she filed copy of tracking details of Blue Dart Courier service Ex.C-5 in which it is clearly mentioned that shipment delivered on 19.12.2017. The opposite parties mentioned in their written version that they have dispatched the original policy alongwith policy documents to the complainant on 11.5.2017 through Bluedart courier which were not delivered and again through speed post on 1.6.2017  and AWB number of both posts were also mentioned in the written version but they have failed to file any courier receipt or speed post receipt on the file to prove their stand. They further mentioned in the written version that if the complainant has not received the policy documents then she can approach the opposite parties for duplicate policy alongwith documents but complainant never approached the opposite parties in this regard. But from the copy of letter dated 30.11.2017 Ex.C-1 it is proved on the file that the complainant approached the opposite party and moved an application to the Manager, Aviva Life Insurance Company Limited,  Amritsar that she has purchased one policy from the insurance company few months back but the complainant has not received the insurance policy even after lapse of about six months. This application is duly received by the opposite party which fact is proved from the stamp of the opposite party marked on this application and only thereafter they dispatched the original policy to the complainant only on 16.12.2017 which was received by the complainant on 19.12.2017. In this way, the opposite party not issued the original policy to the complainant alongwith policy documents when she purchased the policy rather the same was sent only on her request on 16.12.2017 which she was received on 19.12.2017 and gave a written request to the opposite parties on 28.12.2017 for cancellation of policy within 15 days of the Free Look Period from the receipt of the policy as mentioned in the policy documents but even then the opposite party not cancelled her policy and not refunded her premium amount, which amounts to deficiency in service and unfair trade practice on their part. 

11. In view of the above discussion, present complaint is partly allowed and opposite parties are directed to refund the amount of Rs. 25,941/- to the complainant alongwith interest at the rate of 6% per annum from the date of filing of present complaint till actual realization.  The opposite parties are also directed to pay Rs. 3,300/- to the complainant as compensation for mental tension and harassment and Rs. 2,200/- as costs and litigation expenses. Compliance of this order be made within the period of 45 days from the date of the receipt of the copy of this order. Copy of the order will be supplied to the parties by the District Consumer Disputes Redressal Commission, Amritsar as per rules. File be sent back to the District Consumer Disputes Redressal Commission, Amritsar. 

ANNOUNCED IN THE OPEN COMMISSION:

        9th Day of August 2022

 

 

            (Ashish Kumar Grover)

            President

              

(Urmila Kumari)

Member