BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

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1]     Gurvinder Bir Singh S/o Kuldeep Singh, aged 64 years,

2]     Dupinder Kaur W/o Gurvinder Bir Singh, Age 59 years,

        Both R/o H.No.654, Phase-6, SAS Nagar, Mohali.

        …..Complainants

                                V E R S U S

1]     DLF Pramerica Life Insurance Company Ltd., Branch Office SCO 335-36, Sector 35-B, Chandigarh.

2]     DLF Pramerica Life Insurance Company Ltd., 4^th Floor, Building No.9, Tower-B, Cyber City, DLF City Phase-III, Gurgaon 122002.

                                        ……Opposite Parties

CORAM:   SH.RAJINDER SINGH GILL 

PRESIDING MEMBER

DR.(MRS.) MADANJIT KAUR SAHOTA   

MEMBER

Argued by: Sh.Maninder Arora, Counsel for the complainant.

OPs No.1 & 2 exparte.

PER RAJINDER SINGH GILL, PRESIDING MEMBER

              Precisely put, the complainant purchased two Insurance Policies of OP Company, one in his name, another in the name of his wife, bearing No.000108876 & 000108770 respectively, on payment of Rs.75,000/- each as premium (Ann.C-1 & C-2).  It is averred that the representatives of the OPs had misrepresented the complainants and got signed the blanks forms from them.  They even filled the wrong information in the forms at their own.  It is also averred that the complainants never opted for the policies in question, which are for the period of 15 to 20 years, as they are already in the age of 64 & 58 years.  On receipt of the policies, the representatives were informed about wrong issuance of policies in question, but they did nothing.  Ultimately, OPs were requested to cancel the policies, but the same was rejected.  Hence, this complaint alleging the above act of the OPs as gross deficiency in service and unfair trade practice.

2]           OPs were sent the notices of the complaint, but they did not turn up despite service.  Therefore, the OPs were proceeded against exparte.

3]           Complainants led evidence in support of their contentions.

4]           We have heard the ld.Counsel for the complainant and have also perused the record.

5]           Admittedly the complainants purchased two insurance policies from OP (Ann.C-1 & C-2) bearing No.000108876 and 000108770 respectively on payment of due premiums.

6]           The main contention of the ld.Counsel for the complainants is that the complainant did not opted for the polices in question, rather had told the representatives of the OPs that they are interest only in the policy, which can be fully redeemed without any exit charges after five years.  But the policies in question have been issued by misrepresentation and getting the blank forms signed from the complainants.   Therefore, the complainant after receipt of the policy documents, requested the OPs to cancel the policies and refund the invested amount, but the same was illegally rejected.

7]           We have gone through the policy documents placed on record by the complainants themselves as Ann.C-1 & C-2, dated 10.1.2012.  In the letters along with the policy document, dated 10.1.2012 at Page NO.15 & 28, the following has clearly been mentioned:-

“If you are not satisfied with any aspect of the policy, you can return it to us within 15 days of receipt.  For Unit Link products, we will refund you the fund value on date of cancellation and any charges paid by you (post deduction of charges already incurred by us such as medical fees, stamp duty & risk premium for the period covered).  For other products, we will refund premium paid less expenses incurred and risk premium for the period covered. “

8]           Besides this, in both the policy documents, all details with regard to Premium Frequency, Policy Terms, Premium Paying Period and Maturity Date, have clearly been detailed. Furthermore, the proposal forms at Page No.23 to 27 and 37 to 41 shows that the same have been duly signed by the complainants after going through its contents & details.

9]           Since, the complainants themselves failed to return the policy document within the above said stipulated period of 15 days from the date of receipt of the policies, therefore, now they cannot allege anything contrary.

10]         More so, the complainants are signatory to the proposal forms. Once the complainants are signatory to the said proposal forms and have also received the insurance policies & other documents, they cannot, at this later stage, wriggle out from those terms & conditions, which they had already accepted.

11]         In view of the foregoings, we are of the view that the complainants have not been able to prove any deficiency on the part of OPs.  The complaint is meritless.  The same is accordingly dismissed with no order as to costs.

              Certified copies of this order be sent to the complainants free of charge.  The file be consigned.