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

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Complaint  Case No  : 1368 of 2009

Date   of   Institution :    30.09.2009

Date  of    Decision   :    21.01.2010

Gurdeep Singh Toor son of S.Sohan Singh, R/o Bhuna Road, near Gurdwara Dukhniwaran, Gillanwali, Tohana 125120 (Haryana) now H.No.34, Green enclave, Daun Teh. and Distt. Mohali, Punjab. 

….…Complainant

V E R S U S

Aviva Life Insurance, SCO No.101, 102 and 103, IInd Floor, Batra Building, Sector 17-D, Chandigarh 160 017 (now) SCO No.181, 182, Sector 9-C, Ground Floor, Chandigarh.

.…..Opposite Party

CORAM:    SH.JAGROOP SINGH MAHAL      PRESIDENT

                DR.(MRS) MADHU BEHL              MEMBER

Argued by:         Complainant in person.

Sh.Arun Dogra, Adv. for OP

PER SH.JAGROOP SINGH MAHAL, PRESIDENT

                The complainant took two insurance policies from OP Company by paying premium of Rs.50,000/- each and he was to pay the premium at least for 5 complete years.  However, as per the terms & conditions of both the policies, there was an option with the policy holder/insured to either continue the policy or to withdraw the money within 15 days from the receipt of the policy document.  As such, the complainant immediately after receipt of the policy document in May, 2008 visited the premises of the OP Insurance Company for discontinuation of said policies, but he was shocked to know that the OP Insurance Company was not available at the address so mentioned in the policy documents.  He tried his best to find out the new address of the OP Company and ultimately came to know that it was now working at SCO No.181-182, Sector 9-C, Chandigarh but by that time the period of 15 days had already elapsed. It is asserted that the OP Company had not intimated the complainant about change of their premises/new address after dispatching the policy document due to which he could not avail his option to withdraw the policies within the prescribed period of 15 days from the date of receipt of policy document and as such suffered great mental tension, physical harassment and huge financial loss.  Hence, the present complainant has been filed alleging the above act of OP Insurance Company as gross deficiency in service and unfair trade practice.

2]             OP filed reply and admitted the issuance of policies and receipt of its premium amount.  It is denied that the complainant was to deposit the premium for five years only.  The premium payment terms in the Pension Plus Unit Linked Policy was for 20 years whereas the premium payment terms in the Easy Life Plus Policy was for 15 years.  It is admitted that the  complainant was provided with a “Right to Reconsider” notice along with the policy vide which in case the terms & conditions were not acceptable to the complainant, he could write to OP within 15 days from the date of receipt of the policy and get the policy cancelled and premium amount would have been refunded.  It is stated that the complainant failed to avail the said option  in case of both the policies.  It is submitted the OP did not have any office situated at Sector 17-D, Chandigarh. The address of the Corporate Office and Registered Office of the Company was clearly mentioned in the Policy Documents.  Moreover, the policy documents were having the details of the OP Company like its address, phone numbers and e-mail id in case of any assistance and the complainant could have contacted the OP through any of it.  Denying all other allegations of the complainant, OP prayed for dismissal of the complaint.

3]             Parties led evidence in support of their contentions.

4]             We have heard the complainant and ld.Counsel for the OP and have also perused the record.    

5]             The complainant has mentioned in para number 4 of the complaint that there was a provision in the policy documents to cancel the policy within 15 days from the receipt of the documents and he had become aware of it when he received the said documents.  His further contention is that in order to exercise the said option, he went to the office address of the OP in Sector 17-D, Chandigarh but no such office was available at the said address.  He claims to have made many efforts to find out the location of the said company to take back his money but all in vain.  Ultimately, he succeeded in locating the office at S.C.O. 181-182, Sector 9-C, Chandigarh.  This fact shows that the policies had been received by the complainant and he was also aware of the “free look in” period, which was the condition in each of the policies and he could exercise the said option within 15 days of the receipt of the policy.  He however did not exercise the same.  The contention that the address given by the OP was wrong is not supported by any evidence.  In fact the OPs did not have any office in Sector 17-D as alleged by him.  The complainant has referred to S.C.O. No. 101,102 and 103, 2^nd Floor, Batra Building, Sector 17-D, Chandigarh, but it was the office of insurance ombudsmen and according to the OP, the said office is still existing there.  It is however not the office of the OP.  The Learned Counsel referred to the policy documents in which the office of the OP was mentioned to be Aviva Life Insurance Tower, Sector Road, Opp. Golf Course, DLF-Phase V, Sector – 43, Gurgaon.  The phone number and fax number alongwith email address have been mentioned.  Had the complainant been honest in his desire to locate the OP, it was very easy to send a letter at the above mentioned address or to ring up the OP at the telephone number given by them.  It is not his case, if he tried to contact the OPs at the address given in the Insurance Policy.  The complainant therefore has concocted a false story in this respect in order to coverup the delay in exercising the option. He does not appear to be honest in his approach.  A person who has come to the Forum basing his claim on falsehood cannot succeed.  The contention of the complainant that the OPs were to inform him about the change of address cannot be accepted because they never had any change of address as the office of the OP still continues to be at Gurgaon and the branch office in Sector 9-C, Chandigarh.

6]             In view of the above discussion, we are of the opinion that there is no merit in this complaint.  The same is accordingly dismissed.

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