Today is fixed for service return. No step is taken by the Complainant. The record shows that no step was taken by the Complainant on 24.11.21, 31.01.22,22.04.22,20.07.22,30.12.22 and today i.e. on 17.04.23. The record further shows that the notice was not served upon the OP due to negligence on the part of the Complainant. The case of the Complainant as per materials on record is that the Complainant alleged that the policies were mis-sold by the agent/ intermediary by misguiding and misleading him with assurance of single premium policy and no further premium is to be paid under the policies and money will be refunded after one year and Mediclaim Benefit also will be available under the policies. It is also submitted that the Complainant is a patient of renal disease since 1998 and presently she has no capacity to run the policies and need money for his medical treatment. Lodged complaint to the insurer on 23.02.20 for refund of premium paid under the policies but declined by the insurer on the ground of expiry of free look period. Thereafter, the Complainant appelled before the Office of the Insurance Ombudsman but the said complaint was dismissed without any relief to the Complainant. We peruse the materials on record. We find that the insurance premium was paid on 14.05.15 for the first time and the instant complaint case was filed on 04.08.21. Prima facie it appears to us that the instant case is barred by limitation. Moreover, considering the facts and circumstances of the case we are of the view that the instant case has no merit. Further more, it appears to us that the Complainant is not at all interested in the instant case as the Complainant is reluctant to file requisites for the issuance of notice upon the OP. In view of the matters discussed above we are of the view that the instant case is liable to be dismissed on merit. In the result, the Consumer case fails. Fees paid are correct. Hence, it is Ordered that the complaint Case No. CC/45/21 be and the same is dismissed on merit against the OPs. Let plain copy of this order be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand /by post under proper acknowledgment as per rules, for information and necessary action. The Final Order will also be available in the following Website: confonet.nic.in Dictated & corrected by me. President Member President |