C.F. CASE No. : CC/12/07
COMPLAINANT : Sunil Behari Majumder
S/o Lt. Anil Behari Majumder
Vill – Ranaghat, Mission Road,
P.O. & P.S. Ranaghat, Dist. Nadia
Pin – 741201
OPPOSITE PARTIES/OPs: 1) Branch Manager,
Reliance Life Insurance Co. Ltd.
4th Floor, 38B J.L. Nehru Road,
Himalaya House,
Kolkata – 700071
2) Branch Manager,
Reliance Life Insurance Co. Ltd.
Krishnagar Branch
15/1 D.L. Roy Road,
P.O. Krishnagar, P.S. Kotwali,
Dist. Nadia, Pin - 741101
3) Branch Manager
India Infoline
Krishnagar Branch
P.O. Krishnagar, P.S. Kotwali,
Dist. Nadia, Pin 741101
PRESENT : SHRI KANAILAL CHAKRABORTY PRESIDENT
: SHRI SHYAMLAL SUKUL MEMBER
DATE OF DELIVERY
OF JUDGMENT : 19th April, 2012
: J U D G M E N T :
In brief, the case of the complainant is that the OP No. 3, India Infoline, Krishnagar Branch sold two insurance policies of Reliance Life Insurance Co. Ltd. dtd. 24.12.09 each amounting to Rs.25,000/- as an agent of the OP No. 1 & 2. Thereafter, as per advice of the OP No. 2, the complainant cancelled the previous policies on 30.12.10 and purchased two Reliance Child Plan policies on 31.12.10 with premium of Rs. 30,000/- and on 29.01.11 with premium of Rs. 34,000/-, total premium amount of Rs. 64,000/- which he paid by a cheque. Thereafter, he met the OP No. 2 with a request to pay Rs. 50,000/- of free look cancellation, but the OP No. 2 did not refund the same amount. For the last time on 28.05.11, he visited the office of the OP No. 2 and submitted a petition asking to refund of Rs. 50,000/-, but no action was taken on the part of the OP No. 2. So having no other alternative he has filed this case praying for the reliefs as stated in the petition of complaint.
The OP No. 1 & 2 appeared before this Forum but did not contest this case by filing any written version. The OP No. 3, India Infoline has contested this case by filing a written version, inter alia, stating that he is the authorized broker of Reliance Life Insurance Co. Ltd. and on the request of the complainant he sold two policies of OP No. 1 on 24.12.09 which is valued of Rs. 25,000/- each. Thereafter, he forwarded all the documents of the complainant to the OP No. 1 & 2 on the very dates of log in and thus, his function ended there. In the petition of complaint the complainant has not brought any allegation against him and has not prayed for any relief against him also. He has no further knowledge about the purchase of other policies by the complainant from the OP No. 1 & 2. So the complainant has no cause of action to make him a party in this case and he is not entitled to get any relief as prayed against him.
POINTS FOR DECISION
Point No.1: Has the complainant any cause of action to file this case?
Point No.2: Is the complainant entitled to get the reliefs as prayed for?
DECISION WITH REASONS
Both the points are taken up together for discussion as they are interrelated and for the sake of convenience.
On a careful perusal of the petition of complaint and the written version filed by the OP No. 3 along with the annexed documents filed by the parties and also after hearing the arguments advanced by the ld. lawyers for both sides, it is available on record that this complainant purchased two policies of Reliance Life Insurance Co. Ltd. through the OP No. 3 on 24.12.09 amounting to Rs. 25,000/- each. He paid the money to the OP No. 3 through cheque. ‘Annexure – 3’ shows that Rs. 50,000/- was received by the OP No. 3. ‘Annexure – 5 & 6’ show that the complainant subsequently, purchased Reliance Child Plan Policy on 31.12.10 and 19.01.11. From ‘Annexure – 4’ it is available that as per request of the complainant both his purchased policies were cancelled by the OP No. 1 & 2 and to that extent cancellation certificate was issued mentioning “Freelook cancellation form ver 1.4 April 10.” In this ‘Annexure – 4’ both the policy numbers are mentioned. Complainant’s specific allegation is that in the policy rules there is a specific provision that after freelook of a policy the policy holder is entitled to get back premium paid by him. ‘Annexure – 8’ speaks that “The free look period means that once you own a life insurance policy (meaning – you have applied for, been accepted and paid your first premium), you have a certain number of days from the beginning of the policy to cancel your policy and get all of your money back. Usually, the freelook period for a life insurance policy is 30 days. Sometimes it is 10 days or even 31 days depending on the Insurance Co.” From the documents filed by the complainant, we find that the complainant purchased the policy on 24.12.09 and his policies were cancelled for freelook by the OP Insurance Co. on 30.12.10. So we find that in view of this the complainant is entitled to get back the premium amount being Rs. 25,000/- + Rs. 25,000/- = Rs. 50,000/- from the OP No. 1 and 2 which the OP No. 1 & 2 did not repay though the complainant requested them by sending a letter also vide ‘Annexure – 7’.
In view of the above discussions, and considering the facts of this case, our considered view is that the complainant is entitled to get back Rs. 50,000/- which he paid to the OP No. 1 & 2 through the OP No. 3 for his policy purchased on 24.12.09. We do further hold that it is a great deficiency in service on the part of the OP No. 1 & 2 in not refunding the said amount to the complainant after cancellation of both the policies as per freelook concept. As the complainant has become able to prove his case, so he is entitled to get the relief as prayed for. In result the case succeeds.
Hence,
Ordered,
That the case, CC/12/07 be and the same is allowed exparte against the OP No. 1 & 2 and contest against the OP No. 3. The complainant is entitled to get Rs. 50,000/- being the insurance premium plus Rs. 5,000/- as compensation for harassment caused to him along with litigation cost of Rs. 2,000/-. The OP No. 1 & 2 are jointly and severally liable to make payment of the decretal amount of Rs. 57,000/- to the complainant within a period of one month since this date of passing this judgment, in default, the decretal amount will carry interest @10% per annum since this date till the date of realization of the full amount. We make no order against the OP No. 3 as no relief is prayed against him.
Let a copy of this judgment be delivered to the parties free of cost.
