DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 44/2014
D.No._____________________ Dated: ________________
IN THE MATTER OF:
HIMANSHU KHATTAR S/o SH. SUNIL KHATTAR,
R/o EW-1, 3rd FLOOR, MIAYAWALI NAGAR,
NEW DELHI-110087.… COMPLAINANT
Versus
1. DLF, PRAMERICA LIFE INS. CO. LTD.,
(THROUGH ITS MANAGER),
REGD. OFFICE: DLF CENTRE,
SANSAD MARG, NEW DELHI-110001.
2. DLF, PRAMERICA LIFE INS. CO. LTD.,
(THROUGH ITS BRANCH MANAGER),
1st FLOOR, UNIT No-151, PLOT-C,
456, AGGARWAL CYBER PLAZA, TOWER-II,
NETAJI SUBHASH PALACE, NEW DELHI-110034.
3. SH. SHAKTI SINGH (AGENT),
DLF, PRAMERICA LIFE INS. CO. LTD.,
REGD. OFFICE: DLF CENTRE, SANSAD MARG,
NEW DELHI-110001.
4. SH. PREM NARAYAN (SALES PERSON),
DLF, PRAMERICA LIFE INS. CO. LTD.,
REGD. OFFICE: DLF CENTRE,
SANSAD MARG, NEW DELHI-110001. … OPPOSITE PARTY (IES)
CORAM:SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 06.01.2014
Date of decision: 03.08.2019
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainant has filed the present complaint against OP under
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Section 12 of the Consumer Protection Act, 1986 therebyalleging that in the month of June/July-2012, OP-3 & OP-4 i.e. agents of OP-1 & OP-2 approached the complainant and asked to take the policy of the company and they assured the complainant that only one time premium is required to be deposited under the policy. Thereafter, the complainant will become entitled to receive double of the premium amount in 5 years and they also assured that the complainant will also receive a sum of Rs.50,000/- as bonus immediately after 3 months of taking of the policy. The complainant further alleged that the agents of the company again came in June/July-2012 at the premises of the complainant and took signatures on Forms/Application/Proposal Form and also took identity-proofs and 4 passport size photographs and cheques and said he will fill up the forms in the company and the complainant trusted assurance/words of the agents of the company and gave him the cheques and till today, the complainant has not received the said policy-bond. The complainant further alleged that the complainant approached many times to the agents of the company but there is no proper response and the complainant came to know that the complainant was cheated by OP-3 & OP-4 when thecomplainant started receiving phone calls from OP’s company for payment of next premium. The complainant further alleged that the complainant again approached OP’s offices and made complaint
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but there is no proper response and lastly the officers of OP gave the complainant policy no. 00159075 and OPs have not given the said policy bond till date to the complainant which has caused great mental tension pain, agony, harassment, inconvenience and loss to the complainant and further the said action of OPs amount to deficiency in service and unfair trade practice.
2. On these allegations the complainant has filed the complaintpraying for direction to OPs to refund the amount of Rs.1,96,957/- alongwith interest @ 24 % p.a. till realization aswell as compensation of Rs.2,00,000/- for causing harassment, mental agony, conveyance etc. and tension and for misleading the complainant and has also sought a sum of Rs.20,000/- towards litigation cost.
3. OP-1 & OP-2 have been contesting the complaint and have filed written statement wherein OPs submitted that the life assured the complainant after completely understanding the terms & conditions of the insurance product “Future Idols Gold Plan” had voluntarily applied for an insurance policy vide proposal form bearing no. AF 000825568 signed on 30.06.2012 and in the said proposal form, the complainant is thelife assured and Sh. Sunil Kumar Khattar is the nominee and they gave all relevant details and information in the prescribed form, for an assured sum amounting to Rs.20,96,180/- for which a premium amounting to Rs.2,00,000/-
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was proposed to be paid annually for the period of 18 years and the life assured the complainant after understanding all the terms & conditions which was duly explained to the life assured and the complainant had signed the proposal form. OPs further submitted that the complainant and life assured had confirmed the above facts in the declaration made in the application form and the complainant and life assured had also submitted various documents viz. copy of application form, copy of PAN card of the complainant, copy of MTNL bill in the name of Sh. Sunil Kumar Khattar alongwith the application form which itself makes it evident that the life assured and the complainant after duly understanding terms & conditions opted for the said policy and further submitted that on 04.07.2012, OP sent a letter to the complainant for conducting medical test before issuance of policy. As per IRDA guidelines, the life assured has also undergone Medical examination before issuance of policy. OPs further submitted that based on the information and declaration contained in application and further believing the same to be true and upon receipt of the duly filled form alongwith the initial premium of Rs.2,00,000/- videcheque no. 007264 dated 30.06.2012 drawn on ICICI Bank, Guru Hari Kishan Nagar, Paschim Vihar branch, OPs have issued the policy bearing no. 000159075 with the commencement date 23.07.2012. Thereafter, policy documents alongwith the schedule
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and the terms and conditions thereto and a welcome letter was sent to the branch office of OP on 24.08.2012 through DTDC courier vide courier no. Z72175134 which was delivered on 11.09.2012. OPs further submitted that as required under the IRDA Regulations, 2002 issued by IRDA, the policy holder is at the liberty to review the terms & conditions of the policy and has the option to cancel the policy by stating the reason for his/her objection within 15 days of the receipt of policy bond and in such cases OP’s company is entitled to deduct charges like stamp duty etc. and refund the balance premium to the policy holder and OPs neither received any query nor a complaint during the Free Lock period with respect to the above mentioned policy and the complainant is stopped from challengingthe terms & conditions of the concluded contract and denying the contents of the application form and the complainant for the first time contacted OP throughletter dated 28.03.2013 received on 02.05.2013 regarding non-receipt of the policy and the same was replied by OP through its letter vide which the complainant was informed that the policy documents were delivered to the address of the policy holder on 11.09.2012 through DTDC courier no. Z72175134.
4. The complainant filed rejoinder and denied the contention of OPs.
5. In order to prove his case, the complainant filed hisaffidavit in evidence and also filed written arguments.
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6. On the other hand, Sh. Amit Raheja, Vice President & Company Secretary and duly constituted Attorney of the company filed his affidavit in evidence.OPs have also filed written arguments. OPs also placed on record copy of Application Form issued by OPs, copy of PAN card of the complainant, copy of MTNL bill in the name of Sh. Sunil Kumar Khattar, copy of acknowledgement for filing of Income Tax Return.OPs have also filed copy of letter dated 04.07.2012 sent by OP to the complainant for conducting medical examination, copy of letter dated 28.03.2013 sent by Sh. Sunil Kumar Khattar to OP about non-delivery of the policies no. 159076, 150965, 159075 & 150843, copy of reply dated 19.06.2013 sent by OP to the complainantalongwith schedule containing policies details and also filed copy of delivery sheet of DTDC courier service having endorsement of receiving the envelop by Vidya Sagar.OPs have also filed copy of medical examination report i.e. Electrocardiogram, Blood & Urine examination report of the complainant.
7. This forum has considered the case of the complainant as well asOPs in the light of evidence and documents placed on record by the parties. The case of the complainant has remained consistent and there is nothing on record to disbelieve the case of the complainant.Moreover, during arguments, the complainant filed copy of Ration Card showing details of names of family members of the
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complainant and also filed copy of death certificate of Smt. Vidya Devi to the effect that she died on 25.06.1986.
8. The copy of ration card placed on record by the complainant shows names of family members of the complainant. The said document does not show any family member by the name of Vidya Sagar. Thus, OPs have failed to prove the factum of delivery of policy bond either to the complainant or to any of his family member. OPs have also failed to prove the relationship between the complainant and Vidya Sagar to whom the policy was allegedly delivered by the Courier agency. Thus, we are of opinion that OPs have failed to prove the defence that the policy document was delivered to the complainant and thus there is no merits in the defence of OPs that the complainant has failed to exercise his option of cancellation of the policy within free lock period of 15 days. On the other hand, thecase of the complainant stands proved. As OP-1 & OP-2 have failed to refund the amount of premium to the complainant as such we are of opinion that there is deficiency in service on the part of OP-1 & OP-2. They are held guilty accordingly.
9. Thus, holding guilty for the same, we direct OP-1 & OP-2 jointly or severally are as under:
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ii) To pay to the complainant an amount of Rs.25,000/- as compensation for harassment and mental agony suffered.
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10. The above amount shall be paid by OP-1 & OP-2 jointly or severally to the complainant within 30 days from the date of receiving copy of this order failing which OP-1 & OP-2 shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving copy of this order till the dateof payment. If OP-1& OP-2 fail to comply with the order within 30 days from the date of receiving copy of this order, the complainant may approach this Forum u/s 25/27 of the Consumer Protection Act, 1986.
11. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this3rdday of August, 2019.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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