THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR
Consumer Complaint No. 370 of 14
Date of Institution : 11.7.2014
Date of Decision : 19.05.2015
Sukhwinder Kaur W/o S. Ravinder Singh, Resident of H.No. 16, Shaheed Nagar, Chheharta, Amritsar, Punjab
...Complainant
Vs.
Bharti Axa Life Insurance Co.Ltd., Through its Company Secretary/Managing Director/Director/Authorized Person having its registered office at Unit No. 601,602, 6th Floor, Raheja Titanium, Off.Western Express Highway, Goregaon (E), Mumbai 400063
Bharti Axa Life Insurance Co.Ltd., through its Company Secretary/Managing Director/Director/Authorized Person at SCO 44, 2nd Floor , Nagpal Tower , District Shopping Complex, Ranjit Avenue, Amritsar 143001
....Opp.parties
Complaint under section 12/13 of the Consumer Protection Act, 1986
Present : For the complainant : Sh. Vishal Sharma,Advocate
For the opposite parties No.1 & 2 : Sh. S.K.Vyas, Advocate
Quorum : Sh. Bhupinder Singh, President ,Ms. Kulwant Bajwa,Member &
Sh.Anoop Sharma,Member
-2-
Order dictated by :-
Bhupinder Singh, President
1 Present complaint has been filed by Sukhwinder Kaur under the provisions of the Consumer Protection Act alleging therein that she was approached by opposite party No.2, who persuaded her to get an insurance plan. The complainant obtained the insurance policy from the opposite parties on payment of Rs. 95000/- by cheque No. 138214 dated 10.3.2014. According to the complainant opposite parties have failed to deliver the original Insurance policy documents to the complainant and till date despite making several complaints regarding non delivery of the original policy, opposite parties did not send the policy documents. The complainant approached the opposite party No.2 and they told the complainant that the policy has been despatched through speed post No. EA77906557IN but again failed to deliver the policy documents to the complainant. Alleging the same to be deficiency in service complaint was filed seeking directions to the opposite parties to cancel the said policy and refund the amount of premium of Rs. 95000/-.
2. On notice, opposite parties appeared and filed written version in which it was submitted that complainant herself approached the opposite party for issuance of insurance policy in her name. The proposal form was received by the opposite party which was duly filled and signed by the insured person after going thorugh the illustration of benefits. On the basis of proposal form , opposite party issued the policy bearing No. 501-1865267 on 11.3.2014 and was despatched in favour of the complainant on 14.3.2014 through speed post vide AWB No. EA77906557IN which has been duly delivered to the complainant at the given address of the complainant on 21.3.2014. Thereafter the complainant never complained to the opposite party about non receipt of the policy bond. It was submitted that in accordance to clause 6(2) of the Insurance Regulatory and Development Authority Regulations, 2002 every policy documents sent by it is accompanied by a forwarding letter which clearly mentions that in case policy holder is not satisfied with the terms and conditions of the policy, he/she can withdraw the policy within 15 days under the free look period . The complainant never approached the opposite under the free look period of policy bond and as such she is not entitled to get the refund of the policy premium. While denying and controverting other allegations, dismissal of complaint was prayed.
3. Complainant tendered into evidence her affidavit Ex.C-1, copy of e-mail Ex.C-2, copy of speed post status Ex.C-3, copy of ration card Ex.C-4.
4. Opposite parties tendered affidavit of Sh. Paramjit Singh Ex.OP1,2/1, copy of delivery sheet Ex.OP1,2/2, affidavit of Smt. Sneh Lata Nago ,Sr.Manager Ex.OP1,2/3, copy of proposal form Ex.OP1,2/4, copy of the illustration benefits Ex.OP1,2/5, copy of plan details Ex.OP1,2/6, copy of policy specifications Ex.OP1,2/7, copy of premium receipt Ex.OP1,2/8, copy of welcome letter Ex.OP1,2/9.
5. We have carefully gone through the pleadings of the parties, arguments advanced by the ld.counsel for the parties and have appreciated the evidence produced on record by both the parties with the valuable assistance of the ld.counsel for both the parties.
6. From the record i.e.pleadings of the parties and the evidence produced on record by both the parties, it is clear that complainant got insurance policy from the opposite parties on payment of premium of Rs. 95000/- vide cheque dated 10.3.2014 for application/proposal form No. 7639154. The complainant alleges thats she did not receive the policy documents. The complainant made several complaints regarding non delivery of the original insurance policy and requested the opposite parties to issue the original policy. But the opposite parties did not pay any heed to the request of the complainant. They told the complainant that the policy had been despatched through speed post . The complainant alleges that she has not received the policy documents, as such she does not want to continue with the policy. She, requested the opposite party to cancel the policy and to refund the amount, but the opposite parties did not do so. Ld.counsel for the complainant submitted that all this amounts to deficiency of service on the part of the opposite parties.
7. Whereas the case of the opposite parties is that the complainant in order to get the insurance policy filled in and signed the proposal/application form No. 7639154 Ex.OP1,2/4 on the basis of which the policy documents were issued to the complainant on 11.3.2014 and were despatched in favour of the complainant on 14.3.2014 through speed post vide AWB No.EA77906557IN which was duly delivered to the complainant at her given address on 21.3.2014 , as per the record of the opposite parties. The complainant never approached the opposite parties for the cancellation of the policy and refund of the premium amount . If she was not satisfied with the terms and conditions of the policy, she could opt for cancellation of the policy and for refund of the premium amount within free look period of 15 days from the date of receipt of the policy documents. But the complainant has made this request for the first time through this complaint which was filed by the complainant on 11.7.2014 beyond the free look period of 15 days from the date of receipt of the policy documents. Ld.counsel for the opposite party submitted that the opposite party was justified in not accepting the request of the complainant for cancellation of the policy and refund of the premium amount.
8. From the entire above discussion, we have come to the conclusion that in order to obtain the Insurance policy, complainant filled in and signed the application/proposal form No. 7639154 Ex.OP1,2/4 and this fact has been duly admitted by the complainant in her complaint. On the basis of this proposal form, opposite party issued policy bond in favour of the complainant on 11.3.2014 which was despatched in favour of the complainant on 14.3.2014 through speed post vide AWB No. EA77906557IN. As per the record of the Postman the said document was delivered at the address i.e. at H.No. 16, Shaheed Nagar, Chheharta. In this regard the opposite party has produced copy of delivery book Ex.OP1,2/2 which has been duly proved by the Postman Paramjit Singh through his affidavit Ex.OP1,2/1. As per this record the document containing policy bond was delivered to Rajveer Kaur at the given address of Sukhwinder Kaur i.e. at H.No. 16, Shaheed Nagar, Chheharta, Amritsar. Not only this Paramjit Singh Postman himself has proved through his affidavit Ex.OP1,2/1 that he knows Sukhwinder Kaur, who is permanent resident of H.No. 16, Shaheed Nagar, Chheharta, Amritsar and he delivered the speed post parcel at her given address i.e. H.No. 16, Shaheed Nagar, Chheharta, Amritsar on 21.3.2014.Ld.counsel for the complainant submitted that the opposite party says that the parcel was delivered to Rajveer Kaur at the address of Sukhwinder Kaur i.e. H.No. 16, Shaheed Nagar, Chheharta,Amritsar but the opposite party has failed to prove on record what is the relation of Rajveer Kaur with the complainant ? So it is not a delivery of the parcel to the complainant. In this regard he produced copy of Ration card Ex.C-4. We have gone through the copy of Ration card Ex.C-4 produced by the complainant. The complainant has not produced form D-1 from where it could be proved as to which were the earlier members of the ration card which shows that the ration card was got changed. There is every possibility of the name of Rajveer Kaur deleted from the list of members of this ration card. So this ration card has not been duly proved by the complainant. As such it cannot be relied upon . Moreover, the documents are generally delivered to the person available in the house who takes responsibility that he/she would deliver the document to the concerned person. This document has been duly received by Rajveer Kaur on behalf of the complainant and that too at the given address of the complainant. Apart from this the telephone number given by Rajveer Kaur duly tallied with the telephone number given by the complainant in her proposal form. So it stands fully proved on record that the policy documents were delivered to the complainant at her given address i.e. H.No. 16, Shaheed Nagar, Chheharta, Amritsar on 21.3.2014 and the complainant for the first time asked the opposite party for cancellation of the policy by filing the present complaint i.e. on 11.7.2014 which is beyond the free look period of 15 days from the date of receipt of the policy documents. As such the opposite party was justified in not accepting the request of the complainant for cancellation of the policy and refund of the premium amount.
9. Consequently we hold that the complaint is without merit and the same is hereby dismissed with no order as to costs. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.
10. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.
19.05.2015 ( Bhupinder Singh )
President
( Kulwant Kaur Bajwa) (Anoop Sharma)
/R/ Member Member
