PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO.44/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Mr. Jayanta Kumar Sahoo

S/O Gangadhar Sahoo

At- Sri Sai Vihar, Bhatra, Dhanupali,

Sambalpur-768005.

M No. 9439560321                                              .……….......Complainant.

Vrs.

1. Executive Director and Principal Officer Hdfc Life

Formerly Excide Life Insurance Company Limited

Regd Office at Lodha Excelus 13^th Floor, Apollo Mills Compound

N.M Joshi Marga Mahalaxmi,Mumbai           .

2. Zonal Office Hdfc Life

Formerly Excide Life Insurance Company Limited

3^rd Floor Dhawan Complex P.N. 7941, Janpath road

Saheed Nagar, Bhubaneswar-751007

3. Branch Office Hdfc Life

Formerly Excide Life Insurance Company Limited

1^st floor M/S- Hota Complex, Main Road Budharaja

Near Jaganath Temple, Sambalpur,Odisha

4. Sahanwaj Alam Agent Hdfc Life

Formerly Excide Life Insurance Company Limited

Agent code-60540356

Office at-Uper Floor Arundhati Jewelers

Budharaja, Sambalpur, Odisha-768001

5. Insurance Regulatory and development Authority

Gate No.3, Jeevan Tara Building,

First Floor Sansad Marg, New Delhi-110001                    ...……….Opp. Parties

Counsels:-

1. For the Complainant         :- Sri. R.Gupta, Adv. & Associates
2. For the O.P. No.1 to 3        :- Sri. D.Bag
3. For the O.P. No.4                           :- Ex-parte

Date of Filing:03.04.2023,Date of Hearing :22.08.2023,Date of Judgement : 09.10.2023

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The Complainant filed this Complaint against the O.Ps with a prayer to cancel the policy proposal No. 04577756 in the name of his son Swagat Ranjan Sahoo and refund of Rs. 26,299/- along with interest. The O.P. No.1 to 3 are insurer whereas the O.P. No.4 is an agent having code No. 60540356. Two of his staff namely K. Kalyani and Bhanu Pratap Patel with sweet words insisted the Complainant for a E 50- Excide Life Sampoorna Jeevan-75 policy for Swagat Ranjan Sahoo and assured the policy within 15 days if the Complainant not found it satisfactory as per his requirements and the amount will be refunded immediately without any condition or delay. On 29.06.2022 the Complainant in the office of O.Ps paid Rs. 26,299/- and O.Ps assured to deliver the bond within 7 days but failed to provide the bond in time. On 21.07.2022 after 22 days the Complainant received the bond and found unsuitable. Handed over the policy bond to the office bearers of O.P. No.4 with trust to cancel the bond 20 to 40 times the O.P. No.4 was requested to cancel the bond but in answer the O.P. No.4 replied that bond has been sent to the insurer. After 2-3 months harassment when O.P. No.1 to 3 were contacted, the Complainant came to know that bond has not been sent for cancellation by O.P. No.4. When the O.P. No.4 was contacted, the O.P. replied that they forget to send the policy.

Being harassed physically, mentally and financially, correspondences were made to the O.Ps but when no any action was taken, the Complainant was compelled to file the Complainant.

2. The O.P. 1 to 3 after appearance filed their version whereas O.P. No.4 agent was set ex-parte. In course of hearing the O.P. No.1 to 3 paid cheque No. 620322 dated 13.07.2023 in favour of Swagat Kumar Sahoo and thereby complaint against O.P. No.1 to 3 was withdrawn.
3. Now the main dispute is with the O.P. No.4 who insisted for the policy. The Complainant after receipt of the policy bond within 15 days submitted the bond with the O.P.No.4 for cancellation but the Complainant was harassed many a times. Policy No. 04577760 commenced on 30.06.2022 and forwarding letter dated 02.07.2022 with free look provision was despatched to the Complainant. Immediately after the receipt of bond the bond was handed over to O.P. No.4 for cancellation but after filing of Complainant before this Commission vide cheque No. 620322 dated 13.07.2023 the policy was cancelled and amount refunded. The O.P. No.5 submitted its version and is not a necessary party to the case.

From the activities of the O.P. No.4 it can be concluded that for non performance of his obligations from 30.06.2022 to 13.07.2023 the Complainant was harassed and the O.P. No.4 is unfair in trade practice and also deficient in his service.

Accordingly, it is ordered:

ORDER

The complaint is allowed against the O.P. No.4 ex-parte and dismissed against O.P. No.1 to 3 as withdrawn. The O.P. No.4 is directed to pay a compensation of Rs. 40,000/- and litigation expenses of Rs. 10,000/- to the Complainant towards deficiency in service and unfair trade practice within one month of this order. In case of non-payment the amount will carry 12% interest P.A. from date of filing till realisation.

Order pronounced in the open Court on this 9^th October, 2023

Supply free copies to the parties.