Delhi

East Delhi

CC/160/2013

BASENTI JAIN - Complainant(s)

Versus

BHARTI LIFE INS. - Opp.Party(s)

17 Aug 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO.  160/13

 

Ms. Basanti Jain

W/o Shri Kailash Chand Jain

R/o 56, Suraj Nagar, Near Azad Pur

Delhi – 110 033                                                                     ….Complainant

 

Vs.

 

1. Bharti Axa Life Insurance Co. Ltd. & Ors.

Through its Director/Manager/AR

Branch Off: 502-A/503-A GD-ITL

Northex Towers, E-Block

Netaji Subhash Palance

Delhi – 110 035

 

2. Bharti Axa Life Insurance Co. Ltd. & Ors.

Through its Director/Manager/AR

Head Off: Unit 601 & 602

6^th Floor, Raheja Titanium

Off Western Express Highway

Goregaon (East), Mumbai – 400 063                                …Opponents

 

 

Date of Institution: 27.05.2013

Judgment Reserved on: 17.08.2017

Judgment Passed on: 21.08.2017

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari  (Member)

 

Order By : Sh. Sukhdev Singh (President)

 

 

JUDGEMENT

          This complaint has been filed by Ms. Basanti Jain against Bharti Axa Life Insurance Company Limited (OP), under Section 12 of the Consumer Protection Act, 1986. 

2.       The facts in brief are that in the month of January’ 2008, complainant on the advise of agent/advisor Mr. Tarun of OP took two life insurance policies namely ‘Bharti Axa Life Insurance – Aspire Life Plan’.  Premium amount of Rs. 1,00,000/- was payable half yearly for the two policies i.e. one in the name of complainant and another in the name of her husband.  Till January’ 2012, the complainant was regularly paying the premium.  Thereafter, agent of OP                    Mr. Deepender Singh contacted them to swap policies as the company had discontinued the Aspire Life Policy.  He misrepresented that there was a scheme, which was being launched by the company for the existing policy holders to switch the policy and to get the new benefits as per the new regulations of IRDA.  The premium and duration of new policy was said to be same.  He also misrepresented that the surrender value will be provided initially and the first year premium will only be refunded in four quarterly installments in the new policy starting from June, 2012 (1^st quarter).  On his assurance, the complainant swapped both the policies and surrendered the old policies. 

          In the month of  June, 2012 when the complainant received a notice from Bharti Axa regarding the payment of premium for the new policies, she enquired with the branch for the premium of old policies.  In the month of July/August, 2012, she came to know that               Mr. Deepender Singh had resigned and no such scheme was launched by the company.  She contacted OP, who was advised to make a complaint against Mr. Deepender Singh with IRDA, who was called and he denied the allegations. 

          She requested OP-1 to refund the policy amount as she never consented for change/surrender of policy.  OP-1 did not reply.  Thus, it has been stated that OP-1 and OP-2 were liable for deficiency of services as they failed to provide legally due amount to the complainant.  Thus, she has claimed an amount of Rs. 50,000/- for deficiency of services and indulging in unfair trade practices; refund the policies amount i.e. Rs. 80,000/- alongwith interest @ 18%; compensation of Rs. 2,00,000/- towards mental agony, pain and harassment and Rs. 30,000/- cost of litigation. 

3.       In the WS, filed on behalf of Bharti Axa Life Insurance Co. Ltd. (OP-1 &2), they have stated that the policy holder, as per the terms and conditions of the policy, can withdraw the policy by returning the same within 15 days of free look period from the date of receipt of the policy.  However, the complainant did not send request for cancellation within 15 days of receipt of the policy and thus, a concluded policy contract had come into existence and both the parties were binding with the terms and conditions of the policy.  They have denied that there was any deficiency or negligence on the part of OPs.  They have also stated that the relationship between the complainant and OPs were regulated by the IRDA Rules and terms & conditions of the policy.

          They have further stated that on 06.09.2012, OPs, for the first time, received complaint through email from the complainant about mis-selling of the policy and mis-representation made by the insurance agent.  After investigation, they replied the complaint.  She again sent an email dated 19.09.2012 alleging therein that she had swapped the new policy for earlier policy.  She also mentioned that she was informed about the features of the new policy.  They have stated that there was no such policy of swapping brought by the OPs and the new policy i.e. True Wealth was issued upon receipt of the proposal form. 

          They have further stated that the earlier policy was surrendered as per the terms and conditions of that policy and surrender value was accordingly paid to the complainant.  They have also stated that the policy cannot be cancelled as the complainant has approached beyond the free look period.  Other facts have also been denied.

4.       In support of its complaint, the complainant have examined herself.  She has deposed the facts on affidavit.  She has also got exhibited the terms and conditions of the policy (Annex. C-1 and C-2).

          Bharti Axa Life insurance Company have examined              Ms. Sneh Lata, Manager-Legal, who has deposed on affidavit.  She has narrated the facts, which have been stated in the Ws.  She has also got exhibited copies of documents such as proposal form (Ex.OP-1) and reply by way of email dated 06.09.2012, 18.09.2012, 09.09.12 and 01.10.2013 (OP-2, 3, 4 & 5). 

5.       We have heard Ld. Counsel for the complainant as Counsel for OP did not appear.  Though, counsel for OP did not appear to argue, but they have taken the plea in the WS that the complainant have not used the free look period for getting the policy cancelled.  They have also stated that their earlier policy was surrendered as per terms and conditions of the policy and surrender value was accordingly paid to the complainant.

          On the other hand, Ld. Counsel for the complainant have argued that the complainant did not surrender the policy, but she swap for issuance of new policy on the assurance of their agent.   

          To appreciate the arguments of Ld. Counsel for OP, the testimony of complainant and Ms. Sneh Lata have to be examined.  If the documents placed on record are perused, it is noticed that the complainant have placed on record (Annex. P-2), a copy of email which was sent by the complainant on 06.09.2012 wherein she made complaint in respect of issuance of new policy (True Wealth) after cancellation of Aspire Life Policy.  This email was replied by the company through its email of dated 18.09.2012.  They have stated that the policy was issued as per the policy holder’s choice and the policy holder was having an option to cancel the policy within 15 days from the date of receipt of the policy.  Thus, from the testimony of complainant itself, it is noticed that she made the complaint for the first time on 06.09.2012, which was replied by the company through its reply of dated 18.09.2012.  This fact has also come in the testimony of Ms. Sneh Lata of OP who has also stated that the complainant have not used the option of cancellation within a period of 15 days of free look period. 

          The fact that complainant have not used the option of cancellation within 15 days of free look period, her plea that she swapped the policy on the assurance of their agent cannot be accepted.  Further, a new policy has been issued at the instance of the complainant.  Therefore, her complaint has no merit and the same deserve its dismissal.  Hence, the same is dismissed.  There is no order as to cost. 

          Copy of the order be supplied to the parties as per rules.

          File be consigned to Record Room.

 

 

(DR. P.N. TIWARI)                                                             (SUKHDEV SINGH)

     Member                                                                                   President