BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE URBAN

    07^th DAY OF SEPTEMBER 2019

Complainant/s: -                           

Smt.Prabhavathi

W/o Sri.Halesh,

Aged about 66 years,

R/at No.321, Vinayaka

Layout, Ring Road,

Nagarabhavi II Stage, Bengaluru-72.

By Adv.Sri.V.K.NarayanaSwamy

V/s

Opposite party/s:-    

The Manager

Exide Life Insurance,

No.28, 6^th Floor,

Century Building,

Next to Raheja Towers, M.G.Road,

Bengaluru-25.

By Adv.Sri.V.Raman

ORDER

SRI. S.L PATIL, PRESIDENT

The Complainant has filed this complaint U/s 12 of Consumer Protection Act 1986, seeking direction against the Opposite Party (herein after called as OP) to return the original policy bond; to pay damages of Rs.10 lakhs; to pay cost of Rs.20,000/- and to award such other reliefs.

2. The brief facts of the complaint are as under:

The Complainant submits that, as per her application she obtained medical insurance in her favour vide policy No.03675240 for Rs.5 lakhs. As there were certain clarifications, OP advised the Complainant to return the original policy bond and the same will be returned after rectification. Accordingly, the Complainant sent the original policy along with personal details change/correction along with covering letter dtd.06.12.17. Inspite of repeated requests for return of the original corrected policy, so far OP has not taken any action to return the same. Hence, the Complainant issued legal notice dtd.03.09.18. Inspite of the notice duly served on response from OP. In the absence of original policy bond, the Complainant as a senior citizen is deprived of the benefit of health insurance for no fault of her.  The act of the OP amounts to deficiency of service. Hence this complaint.

3. After issuance of notice, OP did appear and filed version.  In the version, OP submits that, as per the proposal dtd.18.11.17 of the Complainant, OP issued “Exide Life Golden Year Retirement Plan” policy along with terms and conditions on 29.11.17. As per the clause 6.2 of the policy terms ‘if the policy holder desires to cancel the policy he has to do so within the Free Look period of 15 days of the receipt of the policy.’ In such event, OP company would refund the first premium paid by him after deducting applicable charges.  As per the policy terms, the annual premium payable is Rs.99,998/-, premium paying term is 5 years, vesting term is 10 years and vesting date is 24.11.17. The OP further submits that, he has not advised the Complainant to return the policy with correction form. Further OP has not received the said policy and correction form dtd.06.12.17 said to have been sent by the Complainant. In the personal details change/correction form dtd.03.03.18, the Complainant only sought to make corrections with regard to mobile number, email, pan number and aadhaar number. Hence, the complaint deserves to be dismissed for the reason that the Complainant is not approaching this forum with clean hands. There is no deficiency of service on its part. Hence prays to dismiss the complaint.

4. The Complainant to substantiate her case filed affidavit evidence and produced the documents. OP filed affidavit evidence and produced the documents.  Both filed written arguments. Heard. We have gone through the available materials on record.

5. The points that arise for our consideration are:

1. Whether the Complainant proves the deficiency of service on the part of OP, if so, entitled for the relief sought for?

2. What order?

        6. Our answer to the above points are as under:

Point No.1:- Partly in the affirmative

Point No.2:- As per final order

REASONS

7. Point No.1: We have briefly stated the contents of the complaint as well as the version filed by OP.  The simple question that crops up for our consideration is, “whether the Complainant has returned the policy for the corrections to be made, for which the OP has complied it or not ?” In this context, we placed reliance on the contents of the complaint, wherein at para 5, she specifically stated that “in order to have certain clarifications she was advised to return the original policy bond to OP office subject to condition that the same would be returned duly rectified, vide application regarding personal details change/correction dtd.06.12.17 which was submitted along with a covering letter dtd.06.12.17 which has been duly endorsed and acknowledged by the OP company.” To substantiate this fact, the Complainant has produced Personal Details Change, Correction Form/Ex-A1 and also covering letter/Ex-A2 dtd.06.12.17. The sole contention of the OP is that the given date i.e. on 06.12.17, the OP has not received the said Ex-A1 & A2 said to have been sent by the Complainant. On plain reading of the contents of Ex-A2, wherein the relevant portion has been bracketed by the Complainant herself reads as “We have herewith enclosed the personal details change and returning the policy bond for changes to be made.” This letter has been addressed to The Manager, Exide Life Insurance, M.G.Road, Bengaluru-1 which has been duly received for which the authorized person has endorsed his signature by putting the date as 06.12.17. This forum has decided such type of cases in summary nature. The very letter/Ex-A2 dtd.06.12.17 clearly discloses that, the Complainant has returned the said policy with covering letter. When such being the fact, the relief that is sought for by the Complainant is very limited i.e. to say direct the OP forthwith to return the original policy bond and a sum of Rs.10 lakhs towards the damages, deficiency of service along with litigation cost of Rs.20,000/-.

8. In our considered view, if we direct the OP to return the original policy bond bearing No.03675240 with necessary corrections if any, to the Complainant, the ends of justice would meet sufficiently. With regard to the compensation of Rs.10 lakhs, we do not find any just reason to award the same, hence negated. But anyhow, the litigation cost is fixed to Rs.5,000/-. Accordingly we answered point No.1 partly in the affirmative.

          9. Point No.2: In the result, we passed the following:         

  O R D E R

The complaint filed by the Complainant is allowed in part.

2. The OP is directed to return the original policy bond bearing No.03675240 by making necessary corrections if any, to the Complainant along with litigation cost of Rs.5,000/- within six weeks from the date of receipt of this order, failing which, the Complainant is at liberty to have the redress as per law.

Supply free copy of this order to both the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Forum on this 07^th day of September 2019)

        MEMBER                                             PRESIDENT

Witnesses examined on behalf of the Complainant dated.08.02.19

Smt.Prabhavathi  

Copies of Documents produced by the Complainant:

Witnesses examined on behalf of the OP dated.25.02.19

Sri.Chidananda, Senior Manager Legal   

Copies of Documents produced by OP

            MEMBER                                           PRESIDENT