ORDER

SH. RAKESH KAPOOR, PRESIDENT

“In the case of United India Insurance Co. Ltd. vs. Harchand Rai Chandan Lal (2005 ACJ 570), the Hon’ble Supreme Court has held that the terms and conditions of the contract have to be strictly construed and no variation can be made there from.”

Coming to facts of the present case, it is the case of the complainant that he had purchased policies through a Senior Relationship Officer of the OP. On receipt of the policy documents, he had found out that the terms and conditions of the policies were different from the one conveyed to him by the said Sr. Relationship Officer. He had taken up the matter with the OP but the OP had failed to oblige.   He has , therefore, approached this forum for redressal of his  grievances. 

     The Op has contested the complaint and has filed a written statement. It  has admitted that the complainant had purchased policies from it but has denied that the complainant was misled by its officer. The Op has further claimed that the complainant had a fifteen days  a free look in period to reject the policies if they were not acceptable to him.   The Ops have claimed that despite clear instructions, the complainant or his family members did not exercise the option of cancellation of the policy, as a result of which separate insurance contracts  had come into existence and both the parties are bound by its terms..   The Op has  prayed that the complaint be dismissed as it has no merits. 

                     We have heard arguments advanced at the bar and have perused the record.

            Admittedly, the complainant had received the policy documents containing the free look in period clause . The complainant had the option to reject the policies within the free look in period. The complainant had failed to exercise the said option as a result of which a concluded contract had come into being which cannot be avoided now.    We, therefore, see no merits in this complaint the same is hereby dismissed. 

Copy of this order be made available to the parties free of cost as per law and Case File be consigned to Record Room.

Announced in open sitting of the Forum on.....................