Sri Shyamal Gupta, Member

This Appeal is directed against the order dated 31-01-2018, passed by the Ld. District Forum, Kolkata-I (North) in CC/465/2016, whereby the complaint case has been dismissed.

This is a dispute of alleged misselling of insurance policy by the Respondent Insurance Company to the Appellant.

We heard the parties in the matter and perused the material on record.

The Respondent Insurer refused to refund the premium amount to the Appellant citing free-look clause under which it was obligatory on the part of the Appellant to make cancellation request within 15 days of receipt of policy documents.

On one hand, the grievance of the Appellant is that he did not receive the policy document at all and on the other, the counter case of the Respondent Insurer is that the policy document was delivered to the Appellant on 05-04-2016.

From the copy of the postal track report, it transpires that an envelope sent by the Respondent Insurer on 30-03-2016 was delivered to the Rasapunja B.O. on 05-04-2016.  We afraid, the same cannot be construed as sufficient proof of delivery of policy bond to the Appellant. 

What also we find quite intrigue in this matter is that notwithstanding the policy was issued on 29-02-2016, the same was allegedly posted on 30-03-2016.  In absence of adequate clarity in the matter from the side of the Respondent Insurer regarding the inordinate delay made to post the policy document (if at all done so), we are unable to conclusively hold that the envelope booked on 30-03-2016 indeed contained policy documents meant for the Appellant. 

It appears that the Appellant repeatedly raised the issue of non-receipt of policy bond with the Respondent Insurer.  However, the latter did not bother to enlighten him about the actual status of the policy document per return mail. This is indeed unusual.  

In our view, therefore, while the delivery of policy document to the Appellant could not be conclusively proved by the Respondent Insurer, the former deserve benefit of doubt in the matter.

Accordingly, we allow this Appeal with a cost of Rs. 25,000/- being payable by the Respondent Insurer to the Appellant.  We also direct the Respondent Insurer to refund the premium amount to the Appellant within 40 days hence along with simple interest @ 9% p.a. from the date of filing of the complaint case till full and final payment is made. 

The Appeal, accordingly, stands allowed against the Respondent Nos. 1 to 3 and dismissed against the Respondent No. 4.  The impugned order, consequent thereof, stands set aside.

Let the LCR be returned to the Forum below along with a copy of this order instantly.