Haryana

Bhiwani

CC/18/2023

Sunita - Complainant(s)

Versus

FGL Ins.Co. - Opp.Party(s)

Dharmvir

02 Jan 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

 

                                                                  Consumer Complaint No. : 18 of 2023

                                                      Date of Institution             : 03.02.2023

                                                                  Date of order                     : 02.01.2024

 

Sunita Devi wife of Sh. Joginder R/o Chokhan Gali, Lohar Bazar, Bhiwani, Tehsil and District Bhiwani.

  

             ……Complainant.

 

Versus

 

1.         Future General Life Insurance Company, 10^th Floor, Unit No.S1073-1017, Aggarwal Cyber Plaza-II, Neta Ji Subhash Place, Wazirpur, Pitampura, New Delhi-110034, through its agent/Sales Manager Ranjeet Ranjan Thakur, Agent Code No.80158238.

 

2.         Future General Life Insurance Company, 10^th Floor, Unit No.S1073-1017, Aggarwal Cyber Plaza-II, Neta Ji Subhash Place, Wazirpur, Pitampura, New Delhi-110034, through its Head Manager, Mr. Imran Khan.

 

3.         Future General Life Insurance Company, 10^th Floor, Unit No.801 & 802, 8^th Floor, Tower-C, Embassy 247 Park, LBS Marg, Vikhroli (W), Mumbai-400083 through its authorized signatory.

 

…… Opposite Parties.

 

COMPLAINT U/S 35 OF CONSUMER PROECTION ACT, 2019.

 

BEFORE:          Mrs. Saroj Bala Bohra, Presiding Member.

  Ms. Shashi Kiran Panwar, Member.

 

Present:-         Sh. Dharam Vir, Advocate for complainant.

 Sh. Deepanshu Tuteja, Advocate for OPs.

 

ORDER:

 

Saroj Bala Bohra, Presiding Member.

 

1.                     Brief facts of this complaint are that complainant purchased a policy from OP company and deposited a sum of Rs.3,24,727/-. As per complainant, OP demanded Rs.40,800/- from complainant to transfer the policy in some other scheme.  Accordingly, complainant transferred Rs.40,800/- in the account of OP No.1 and OPs issued policy no.01253051 in favour of complainant.  Complainant has submitted that he  requested the OPs several times to make the payment of aforesaid amounts but they avoided on one pretext or the other and finally refused to return the money. So, complaint dated 28.09.2022 was made to P.S. Subhash Place, Delhi but of no avail.  Thereafter, legal notice dated 14.12.2022 was also served upon the OPs but no fruit came out.  As such, complainant has submitted that due to act & conduct of OPs complainant has suffered monetary loss besides mental and physical harassment. Hence, the present complaint has been preferred seeking directions to the OPs to pay Rs.3,65,527/- alongwith interest @18% per annum till its realization. Also to pay Rs.1.00 lacs as compensation for harassment besides Rs.22,000/- as litigation expenses.  Any other relief which this Commission deems fit has also been sought.

2.                     OPs appeared through counsel and filed written statement raising preliminary objections qua maintainability, jurisdiction and suppression of material facts. On merits, it is admitted that the policy No.01253051 was issued to the complainant on 20.03.2015 having premium Rs.40,893/-, policy term 20 years but paying terms was 17 years and policy status is: Paid Up Contract.  Further submitted that complainant paid only 7 premiums till 22.03.2022. Since, the complainant paid more than three annual premium, she is entitled for the surrender value as per the terms and conditions of the policy, after receipt of policy surrender request.  Apart from the said policy, complainant applied for one more policy whereupon, policy bearing no.01680637 was issued to her on 25.08.2021.  Premium for this policy was Rs.50,000/- annually for a term of 15 years and policy  status is: In force. OPs has submitted that under the policy No.01253051 a sum of Rs.2,83,927/- is deposited whereas under policy No.01680637, premium paid is Rs.103899/-. The Ops has submitted that the complainant is not entitled to the amount as alleged in the complaint and denied for any negligence or deficiency in service on their part. In the end, prayer has been made for dismissal of the complaint with costs.

3.                     In evidence of complainant, his affidavit Ex. CW1/A alongwith documents Annexure C-1 to Annexure C-13 have been filed and closed the evidence.

4.                     On the other hand, in evidence of OPs, affidavit Ex. RW1/A alongwith documents Ex. R-1 to Ex. R-3 have been filed and closed the evidence.

5.                     We have heard learned counsel for the parties and perused the record minutely.

6.                     It is admitted pleadings of OPs that complainant has deposited a sum of Rs.2,83,927/- under the policy No.01253051. Further the premium installment was Rs.40,893/- annually and complainant deposited only 7 premium installments.  As per documents Annexures C-8 to Annexure C-10, the complainant has also paid Rs.40,800/- in the account of OP No.1 under the said policy.  Thus a total sum of Rs.3,27,051/- (Rs.40,893/- x 7= Rs.2,86,251/- + Rs.40,800/-) have been deposited by complainant with the OPs in the said policy.  As per version of complainant, he being not satisfied with the insurance policy intended to withdraw his money and made oral requests to the OPs followed by a complaint dated 28.09.2022 made to police at Delhi (Annexure C-12) coupled with  legal notice dated 14.12.2022 (Annexure C-11) but they did not pay any heed to the requests of the complainant. In support of his contention, the counsel for complainant has placed reliance on case law delivered by Hon’ble Punjab & Haryana High Court in CWP No.26178 of 2016 titled as National Insurance Co.Ltd. Vs. Sandeep & others reported in 2017 (1) RCR (Civil) Page 621 wherein it has been  held that “Insurance companies give lucrative offers to attract customers-However, the moment any insured puts even the most genuine claim, seldom said claim would be accepted by any insurance company.”

7.                     Learned counsel for OPs has argued that the policy has been issued to the complainant subject to certain terms & conditions of the policy and both the parties are governed by it. The counsel further argued that complainant for the first time approached the OP company for cancellation of the policy and refund of the premium through legal notice dated 14.12.2022 which was not acceptable since the request of complainant was made beyond the free-look period and thus the requested of complainant was declined vide reply dated 03.01.2023. The counsel has added that complainant is not entitled for refund of the amount as alleged in the complaint rather he is not entitled to any relief from this Commission and vehemently argued for dismissal of the complaint with costs.  

8.                     After going through the record and having heard learned counsel for the parties, we have observed that complainant prior to making application to police (Annexure C-12) must have requested the OPs to cancel her policy and to refund the deposited amount within the purview of policy terms and conditions but the OPs did not pay any heed to her genuine request rather they remained negligent in taking any efforts on their behalf and thus complainant has to knock the doors of this Commission. Had the OPs redressed the grievance of complainant before knocking the doors of this Commission, she must have not dragged into this litigation. Such, act and conduct of OPs have harassed the complainant mentally as well as physically and has to suffer financial hardship. For the abovementioned reasons, we are of the considered opinion that there was deficiency in service and unfair trade practice on the part of OPs. Hence, this complaint is allowed and the OPs, jointly and severally, are directed to comply with the following directions within 40 days from the date of order:-

(i)        To pay a sum of Rs.3,27,051/- (Rs.Three lacs twenty seven thousand fifty one) to the complainant alongwith simple interest @ 9% per annum from the date of filing of complaint till the actual realization.

(ii)       To pay Rs.15,000/- (Rs. Fifteen thousand) as compensation  on account of mental agony and physical harassment. 

3. To pay Rs.5500/- (Rs. Five thousand five hundred) as litigation expenses.

                        In case of default, the Ops shall liable to pay simple interest @ 12% per annum on the aforesaid all the amounts for the period of default. Certified copies of the order be sent to parties, free of costs, as per rules. File be consigned to the record room, after due compliance.

Announced.

Dated:02.01.2024.

 

                                    (Shashi Kiran Panwar)                    (Saroj Bala Bohra)

                                                       Member                           Presiding Member

District Consumer

Disputes Redressal

Commission, Bhiwani.