District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No. 248/2021.
Date of Institution:20.04.2021.
Date of Order:07.08.2023.
Surender Kumar Aggarwal aged about 60 years son of late Shri Ram Aggarwal R/o House No. 101, Sector-9, Faridabad, Haryana.
…….Complainant……..
Versus
Bharti AXA Life Insurance Company Limited, Branch Office, Sector-16, Faridabad through its Manager/Divisional Manager.
…Opposite party
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
Indira Bhadana………….Member.
PRESENT: Ms. Neena Sharma, counsel for the complainant.
Sh. D.K.Gosain, counsel for opposite party.
ORDER:
The facts in brief of the complaint are that the complainant had obtained the mediclaim insurance police “Elite Advantage” bearing its policy No. 502-2914252 reference NO. CHD-L-008-22021-0577 dated 17th September 2020, valid for the period 12 years since 31.12.2019 in the name of the complainant. The complainant had already paid the yearly premium amount of Rs.22000/- to the opposite party. The opposite party had applied for two life insurance policy with
the opposite party vide proposal No. 10743916 and No. 1073374440 through Mr. Rohit Aggrwal agent of the opposite party. The opposite party had made the payment on 29.11.2019 and 06.12.2019 from the Bank Account of Corporation Bank, Sector-14, Faridabad towards payment of premium of policies. Mr. Rohit Aggrwal agent of the opposite party filled application form and material facts in respect of policy but he did not disclose that he had given incorrect information to the complainant. The opposite party talked with the agent of the opposite party on mobile phone in respect of cancellation of both the policies and thereafter on 31.12.2019 an amount of Rs.99,000/- had been refunded by the opposite party instead of refunding the amount o two policies which was credited from the bank account of the opposite party. However, the second policy NO. 502-2914252 was not cancelled accordingly furthermore the opposite party had been following up but no response was received by the complainant form the agent of the opposite party. Due to the pandemic disease Covid-19 and due to ongoing lock down the opposite party could not surrender the original policy for cancellation because all post offices, courier services in India were closed. The opposite party also sent a complaint to the opposite party but the opposite party was not satisfied with the reply given by the opposite party. By not refunding the premium amount of Rs.99,000/- regarding the second policy No. 502-2914252 the opposite party had caused mental agony, tension and harassment to the complainant. The complainant sent legal notice dated 19.02.2021 to the opposite party through registered post but all in vain. The aforesaid act of opposite party amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite party to:
a) refund the premium amo0unt of Rs.99,000/- alongwith interest @ 24% p.a. since the date of due till actual realization to the complainant.
b) pay Rs. 2,00,000/- as compensation for causing mental agony and harassment .
c) pay Rs. 11,000 /-as litigation expenses.
2. Opposite party put in appearance through counsel and filed written statement wherein Opposite party refuted claim of the complainant and submitted that he opted for the policy No. 502-2914252 by signing the proposal form on 03.12.2019. Thereafter the company evaluated the documents provided by the Life Assured during the proposal stage and policy was issued by the company to the Life Assured. The life assured had paid premium amounting to Rs.99,000/- on 31.12.2019. Post issuance of the policy, company had dispatched the policy bond to the customer wherein it contains the terms and conditions of the policy. The company had dispatched the policy bond to the customer as on 09.01.2020 and wherein the same was delivered to the customer as on 13.01.2020. The policy contains a free-look period of 15 days, wherein if the customer was not satisfied with terms and conditions of the policy, he might opt for cancellation of the same. In this scenario, customer was not satisfied with the policy terms and conditions and had thus raised complainant with the company and requested for cancellation of the policy, but the insurance company had not refunded the premium amount since the policyholder had approached the company beyond the free-look period. In reply to the above, it was submitted that the complainant had concealed the material fact that prior to the present complaint, the complainant made complaint before the Hon’ble Ombudsman at Chandigarh. The Hon’ble Ombudsman out rightly declined the request of the complainant It would be further pertinent to mention that the complainant had also made a reference to another policy, wherein request was made by the complainant or refund of the premium amount was acceded by the company. In the present matter, the policy in question was issued
on 31.12.2019 which was dispatch to the registered address of the complainant on 09.01.2020 through speed post NO. EA900483705IN and which was delivered to the complainant as on 13.01.2020. As per the terms and conditions of the policy there was clause of free look period, that if the policy holder was not satisfied with the terms and condition, they could cancel the said policy within free look period. In the said case, company received the complaint for the said matter as on Set. 18, 2020 which was after 9 months of policy enrolment. The company had rightly declined the said request for policy cancellation. Opposite party denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
3. The parties led evidence in support of their respective versions.
4. We have heard learned counsel for the parties and have gone through the record on the file.
5. In this case the complaint was filed by the complainant against opposite party–Bharti AXA Life Insurance Company Ltd. with the prayer to: a) refund the premium amo0unt of Rs.99,000/- alongwith interest @ 24% p.a. since the date of due till actual realization to the complainant. b) pay Rs. 2,00,000/- as compensation for causing mental agony and harassment . c) pay Rs. 11,000 /-as litigation expenses.
To establish his case the complainant has led in his evidence, Ex.CW1/A – affidavit of Surender Kumar Aggarwal, Eax.C-1 – policy,Ex.C-2 – legal notice, Ex.C-3 – postal receipt,
On the other hand counsel for the opposite party strongly agitated and opposed. As per the evidence of the opposite party Ex.RW1/A – affidavit of Shri Ayan Chakraborty working as – Senior Legal Manager- at Bharti AXA Life
Insurance Company Ltd., Unit NO. 1904,19th floor, Parinee Crescenzo, “G” Block, Bandra Kurla Complex, BKC Road, Opposite MCA Ground, Bandra East, Mumbai, Maharashtra, Ex.R-1 - policy, Ex.R-2 – Online proposal form ID/application No. 10737440, Ex.R-2 – track consignment, , Ex.R-3 0 complaint 6. In this case, the complainant opted for the policy No. 502-2914252 by signing the proposal form on 03.12.2019. Thereafter the company evaluated the documents provided by the Life assured during the proposal stage and policy was issued by the company to the Life Assured. The Life Assured had paid premium amounting to Rs.99,000/- on 31.12.2019 vide Ex.R-1. The policy in question was issued on 31.12.2019 which was dispatched to the registered address of the complainant on 07.01.2020 through Speed Post No. EA900483705IN and which was delivered to the complainant as on 13.01.2020 vide R-3. As per the terms and conditions of the policy there was clause of free look period that if the policy holder was not satisfied with the terms and conditions, they can cancel the said policy within free look period. As per letter Ex.R-5 which was received by the Lokpal Office on 26.10.2020, the complainant filed a complaint before Insurance Ombudsman which is not disclosed by the complainant in his complaint.
7. After going through the evidence led by the parties, the Commission is of the opinion that the plea taken by the complainant of Covid-19 were started in March 2020. The policy in question was issued on 31.12.2019 which was dispatched to the registered address of the complainant on 07.01.2020 through Speed Post No. EA900483705IN and which was delivered to the complainant as
on 13.01.2020. Period ends before Covid-19. Opposite party company received the complaint for the said matter as on Sep. 18,2020 which is after 8 months of policy enrolment. Thus the company had rightly declined the said request for policy cancellation. Resultantly, the complaint is dismissed. Copy of this order be sent to the parties concerned free of costs. File be consigned to the record room.
Announced on: 07.08.2023 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
