Opposite Parties contested this case by filing a W/V and also adducing evidence denying the allegations of the complainant. According to them, complainant approached the company after almost 9 months since the policy inception and it was informed to the complainant about the cancellation of the said policy. It is said that the complainant had opted GROW GREEN INITIATIVE and therefore, the hard copies of the documents were not despatched to his address and instead the same were emailed on his Email ID on 21/12/2020. They denied the charge of deficiency in service on their part. So, they prayed for dismissal of the instant case with costs.
Both the parties filed their respective evidence, questionnaires and replies thereto, brief notes of Argument. Both of them also filed documents as annexures in support of their respective claims.
So, the point for consideration is that if the complainant is entitled to any relief (s) in this case.
FINDINGS
In this case, admittedly complainant took one insurance policy in the name of himself and his wife from the Opposite Parties on 04/11/2020 and issued a cheque in favour of the Opposite Parties. The said policy was a one-time payment of premium policy for Rs.99,908/- for one year.
Now the complainant alleged that he did not receive the said policy from the Opposite Parties and requested them to send his policy to his address. Annexure 1A is the copy of the said communication of the complainant. As he did not get the policy even thereafter, he on 23/07/2021 requested the Opposite Parties to refund the amount paid by him.
On the other hand, Opposite Parties’ case is that as the complainant did not cancel the policy within the Free-look period and as the request for cancellation was made during the period of 6-12 months after the inception of the policy, the complainant is not entitled to any refund following the terms and conditions of the policy and therefore, his request was turned down.
It is admitted and also clear from the documents containing terms and conditions (Point No. 7.8) of the policy papers produced on behalf of the Opposite Parties that the policy holder would get 15 days’ time on receipt of the policy document from the insurance company during which he can return the policy and get refund. It is also clear from the said document (Point No. 7.11) that in case of cancellation of policy during the period of 6-12 months after inception of the policy for a period of policy of one year, no refund of the premium would be paid to the policy holder.
So, in this context, we are to see how far the complainant’s claim of not receiving any policy document from the Opposite Parties which compelled him to cancel the policy subsequently, can be accepted.
We find, from the annexures of the complainant, that premium was paid on 04/11/2020 and by a communication dated 23/11/2020 he informed the Opposite Parties that he did not get the policy even after so many days and requested them to send the policy.
Opposite Parties claimed with reference to annexure 1 produced by them that the policy document Kit “Know Your Policy Better” was duly communicated to the complainant on 21/12/2020. But on receipt of the same within Free-look period he did not exercise his option.
The said Annexure 1 reveals that the policy document Kit included the policy certificate, premium acknowledgement, key policy information, policy terms and conditions and claim process. Opposite Parties claimed that no hard copy of the document was despatched to the complainant as he had opted the GROW GREEN INITIATIVE and all the documents were sent by them through mail on Email ID of the complainant. Annexure 1 i.e. the policy document is found to be an attachment or part of an attachment which is claimed to have been mailed. But no mail or copy thereof showing actual communication of the said document or attachment was produced by the Opposite Parties despite getting opportunity.
In this connection, another interesting thing is that the Annexure 3 filed by the complainant which is a communication by the Opposite Parties dated 10/08/2021 reveals that Opposite Parties admitted to have cancelled the policy of the complainant on 02/08/2021 and he was assured that refund would be processed within 7-10 days from the date of cancellation. If the complainant is not at all entitled to refund following the terms and conditions of the policy then how, by this communication, assurance was given to the complainant that refund would be processed within 7-10 days from the date of cancellation.
So, in this case, Opposite Parties failed to produce any document to show that they had actually sent the policy document on 21/12/2020 as claimed by them on receipt of the premium on 04/11/2020. So, we think that the complainant was deprived of his right of exercising option as to return the policy within the Free-look period and therefore, he is entitled to get refund of the entire amount of premium of Rs.99,908/- along with interest @ 9% p.a. from the date of 04/11/2020 until realization in full. He is also entitled to Rs.4000/- towards cost of litigation.
Accordingly, it is
ORDERED
That the instant case be and the same is allowed on contest against the Opposite Parties.
Opposite Parties are directed to pay Rs.99,908/- (Rupees Ninety-Nine Thousand Nine Hundred Eight Only) along with interest @ 9% p.a. to the complainant from the date of 04/11/2020.
Opposite Parties are also to pay Rs.4,000/- (Rupees Three Thousand Only) towards cost of litigation.
Opposite Parties are jointly or severally liable to make the aforesaid payment within 45 days from the date of this order, failing which complainant shall be at liberty to proceed in accordance with law.
