Haryana

Karnal

CC/64/2018

Sh. Jaipal - Complainant(s)

Versus

Bharti Axa Life Insurance Company Ltd - Opp.Party(s)

Parveen Taank

20 Dec 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

 

                                                          Complaint No.64 of 2018

                                                         Date of instt. 15.03.2018

                                                         Date of decision:20.12.2018

 

Jaipal son of late Shri Risal Singh resident of village Rehmana, Tehsil & District Sonepat (Haryana)

                                                                                                                                                                          …….Complainant

                                        Versus

 

 Bharti Axa Life Insurance Company Ltd. through its Manager, SCO 82-83, 1^st, 2^nd floor, Mughal Canal Karnal.

                                                                      …..Opposite Party.

 

           Complaint u/s 12 of the Consumer Protection Act.            

 

Before   Sh. Jaswant Singh……President.       

              Sh. Vineet Kaushik………Member

 

 Present:  Shri Inderjit Khokkar Adv. for complainant.

                Shri Chandbir Mandhan Adv. for opposite party.

               

                (Jaswant Singh President)

ORDER:                    

 

                        This complaint has been filed by the complainant u/s 12 of the Consumer Protection Act 1986 on the averments that complainant purchased a policy no.501-5982662 on 12.07.2017 and premium amount of Rs.99,935.75/- is paid to the OP through agent of OP at Sonepat. After purchased the policy the complainant has informed the OP on 20.07.2017 to cancel the abovesaid policy and refund the amount of Rs.99,935.75. When a verification call has come to the complainant, complainant stated that complainant is not agreed with the terms and conditions of the policy. This information was made to the OP on the same day and the same was received by the OP and it is wrong that cancellation report was received by the OP on 10.10.2017 whereas the complainant has requested the lady to cancel the policy at the time of verification cal itself. The complainant has also approached the OP at Panipat branch on 28.08.2017 alongwith the policy in original and a cancelled cheque but the branch official refused to accept the request of complainant for the reasons best known to them. The complainant sent an email dated 8.9.2017 requested OP to cancel the policy and refund the amount “well within the time of 15 days from the date of the receipt of policy documents.” When OP asked to submit the required documents to the OP but the complainant could not understand what kind of documentary evidence OPs required whereas a letter dated 9.10.2017 and a copy of the delivery slip issued by the postal department have already been forwarded to OP, so it is wrong to mention that OP has informed to complainant earlier to 9.10.2017, which show that the complainant has followed the direction given by OP as required accordingly whenever OP made demand of any document from the complainant, he submitted accordingly. On the verification call made by department of OP, the complainant has refused to accept the policy and had requested to cancel the policy purchased by the complainant through agent of OP at Sonepat and refund the amount of Rs.99,935.75/- but OP failed to do so.  In this deficiency in service on the part of the OP. Hence complainant filed the present complaint.

2.             Notice of the complaint was given to the OP, who appeared and filed written version raising preliminary objections with regard to maintainability; jurisdiction and cause of action. On merits, it is pleaded that the proposal form dated 6.7.2017 was received in the office of OP, wherein proposer was proposed for Bharti AXA Life Elite advantage policy for covering life of Vishsesh Kumar. That believing the information as regard profession/business, income state of health and other information given in the proposal form to be correct, OP issued the policy no.501-5982662 on 12.07.2017 for the policy term 12 years and policy premium term of 7 years, for the basic sum assured of Rs.7,58,180/- for which proposer was to make the yearly installment of Rs.99,935.75/-. Later email dated 8.9.2017 was received in the office of OP wherein it  has been stated by the complainant that he had handed over the policy documents to the office of OP on 7.9.2017 and alleged to have received policy documents on 26.08.2017. It is further pleaded that in the e-mail dated 8.9.2017 the complainant had engrafted the false story regarding his visit to the branch of OP on 28.8.2017. On receipt of the email dated 8.9.2017 same was replied, vide mail dated 16.09.2017 requesting to providing the documents for further investigation of the complaint. On the submission of the documents by the complainant, the claim of the complainant was evaluated and the request of cancellation of the policy within freelook (15 days) in period was rightly declined, as policy document was dispatched on 20.07.2018 and was delivered to the registered address of the complainant on 5.8.2017 through speed post. The complainant was well within his right to get the policy cancelled within 15 days from the receipt of the policy i.e. on or before 20.08.2017 whereas he made a request for cancellation of the policy on 7.9.2017 after 15 days period. Hence request for cancellation of the policy was rightly declined. Hence there is no deficiency in service on the part of the OP. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.

3.             Complainant tendered into evidence his affidavit Ex.C1 and documents Ex.C2 to Ex.C8 and closed the evidence on 01.10.2018.

4.             On the other hand, OP tendered into evidence affidavit of Sachin Kalra Ex.OPW1/A and documents Ex.OP2 to Ex.OP8 and closed the evidence on 1.10.2018.

5.             We have appraised the evidence on record, the material circumstances of the case and the arguments advanced by the learned counsel for the parties.

6.             The case of the complainant is that on 12.07.2017 complainant purchased Bharti AXA Life elite advance policy no.501-2982662 and premium amount of Rs.99,935.75/- was paid to OP. On 20.07.2017 the complainant informed the OP to cancel the policy and refund the amount paid by him as complainant was not agreed with the terms and conditions of the policy. The OP refused to refund the amount on the ground that complainant did not made request for cancelling the policy within freelook period i.e. within 15 days from receipt of policy. The complainant sent an email dated 8.9.2017, requested OP to cancel the plicy and refund the amount “well within the time of 15 days from the date of the receipt of policy document.” Moreover, when the verification call was received from the OP, the complainant also refused to accept the terms and condition of the policy and requested to refund the amount. But OP is adamant to forfeit the amount paid by the complainant.

7.             On the other hand, the case of the OP is that OP issued the policy on 12.07.2017 for t he policy term 12 years and policy premium term of 7 years, for the basis sum assured of Rs.7,58,180/-, for which complainant was to make the yearly installment of Rs.99,935.75/-. On the submission of the documents by the complainant, the claim of the complainant was evaluated and  the request of the cancellation of the policy was not within free look (15 days) in period , so request of complainant was rightly declined, as policy document was dispatched on 20.07.2017 and was delivered to the registered address of the complainant on 5.8.2017 through speed post vide AWB no.EA176875055. The complainant is not entitled for any relief.

8.             Admittedly, complainant purchased Bharti AXA life elite advance policy no.501-2982662 and premium amount of Rs.99,935.75/- was paid to OP. As per letter (Ex.C4) dated 9.10.2017, the speed post no.EA1768750551IN was delivered to Smt. Sunita on 26.08.2017 by the Indian Postal Department. Same was received by the said Sunita vide receipt (Ex.C5) on 26.08.2017. As per the version of the OP, the complainant made a request for cancellation of the policy on 7.9.2017. As per the documents Ex.C4 and Ex.C5, the speed post sent by the OP was delivered on 26.08.2017 and as per the version of the OP the complainant made a request for cancellation of the policy on 7.9.2017. In this way, the request for cancellation was made by the complainant within 15 days. Thus, the OP has wrongly denied the request of complainant for cancellation of the policy and refund the paid amount of the complainant. OP is deficient in service.

9.             In view of the above observations, we allow the complaint and direct the OP to cancel the policy in question and to refund the amount paid by the complainant with interest @ 9% per annum from the date of paying the premium till its realization. We further direct the OP to pay Rs.5500/- to the complainant on account of mental agony, harassment and towards litigation expenses. This order shall be complied with within 30 days from the date of receipt of copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:20.12.2018

                                                                        President,

                                                            District Consumer Disputes

                                                             Redressal Forum, Karnal.

 

                        (Vineet Kaushik)

                                 Member