Order No. 11 dt. 25/10/2017
The case of the complainant in brief is that the complainant was approached by an agent of the o.p. who induced the complainant to subscribe for a policy and accordingly the complainant in the month of March, 2014 subscribed a policy, viz. ‘ING Secure Income Insurance Plan’ being policy no. 02884176. The date of the said policy was on 19/03/2014. The complainant used to earn Rs. 4,00,000/- as per income tax return and he had the idea to pay yearly premium of Rs. 51,545/-. The complainant being an uneducated person could not know as to whether he applied for payment a premium to be monthly or yearly and he was entirely depending on his agent. After the receipt of the policy the complainant came to know that he will have to pay Rs. 51,545/- on a monthly basis. The complainant had already paid a sum of Rs. 3,09,270/- within the month of March, 2014 to October, 2014 and the amount was deducted from his bank account. After checking the bank account the complainant came to learn that Rs. 3,09,270/- has already been credited as premium to the account of the o.p. After coming to know the said fact the complainant instructed the bank to stop payment and payment was stopped as per the instruction of the complainant. The complainant thereafter lodged a complain to the insurance ombudsman but the ombudsman rejected the application on the ground that it was not filed within a year from the issuing of the policy.
Being aggrieved by and dissatisfied with the act of the insurance company the complainant filed this case praying for direction upon the insurance company to refund of the amount of Rs. 3,09,270/- and to pay a compensation of Rs. 1,00,000/- as well as litigation cost of Rs. 50,000/-.
O.p., insurance company did not contest the case as such the case has proceeded ex-parte.
The complainant in order to prove the case filed an evidence on Affidavit whereby he narrated the entire fact. The complainant also filed the Xerox copy of the policy wherefrom it is found that the policy commenced on and from 19/03/2014 and the installment premium as mentioned in the said policy was Rs. 51,545/- per month. The sum assured as mentioned in the policy was Rs. 2,22,98,659/-. The first premium receipt was also filed wherefrom it is found that the date of next premium was also mentioned. The complainant has stated that his yearly income was Rs. 4,00,000/- and he submitted his income tax return mentioning the said annual income but the complainant failed to produce Xerox copy of the income tax return which corroborated the fact that the complainant had actually mentioned the income in the income tax return as Rs. 4,00,000/- p.a. The complainant has stated that he is an illiterate person but he put his signature on petition of complaint in English language. Therefore the fact of his claim as an illiterate person is not proved. The complainant after receiving the policy whenever it came to his knowledge that the monthly premium was Rs. 51,545/- why he did not pray for cancellation of the policy within the free look period, i.e. within 15 days from the date of receipt of the policy. It appears from the materials on record that the complainant is a wholesaler of vegetables and he runs his business at Bowbazar market, therefore it is crystal clear that he is a man of substance and after covering the period of his life for substantive period the complainant wanted to get back the entire premium amount paid by him. If there would have been any untoward incident would have happened in his life in that event the insurance company would have to pay the sum assured. Since the complainant did not come with clean hands and suppressed the material facts therefore we hold that the case filed by the complainant has got no merit and the complainant will not be entitled to get any relief as prayed for.
Hence, it is ordered,
that the case no. 274 of 2016 is dismissed ex-parte against the o.p.
Supply certified copy of this order to the parties free of cost.
