DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARNALA, PUNJAB.

 

Complaint Case No : CC/165/2021

Date of Institution : 11.08.2021

Date of Decision : 11.03.2022

Harpreet Singh son of Ajit Singh resident of H. No. B-11/2800, Ward No. 20, Grain Market Road, Barnala, Tehsil and District Barnala. 

…Complainant

Versus

1. Future Generali India Life Insurance Company through its Branch Manager A.U. Small Finance Bank Limited, Barnala near old Bus Stand, Barnala.

2. CAMS Reposipory Service Limited, Gandhi Road, Opposite Union Bank of India, Moga.

3. Mr. S. Mahesh Executive Vice President Operations Future Generali India Life Insurance Company Limited, 19-A, Bhuleshwar Garden Ajmer Road, Jaipur Rajasthan-302001.

4. Sandeep Singh Sidhu Sales Manager Future Generali India Life Insurance Company through its Branch Manager, A.U Small Finance Bank Limited Barnala near old Bus Stand, Barnala.

…Opposite Parties.

Complaint under the Consumer Protection Act

Present: Sh. SS Sidhu Adv counsel for complainant.

Sh. Dhiraj Kumar Adv counsel for opposite party No. 1.

Opposite parties No. 2 to 4 deleted.

Quorum.-

1. Sh. Ashish Kumar Grover : President

2. Smt. Urmila Kumari : Member

3. Sh. Navdeep Kumar Garg : Member

(ORDER BY ASHISH KUMAR GROVER PRESIDENT):

    The complainant Harpreet Singh filed the present complaint under the Consumer Protection Act against Future Generali India Life Insurance Company, Barnala and others. (in short the opposite parties). 

2. The facts leading to the present complaint as stated by the complainant are that Ajit Singh son of Dalip Singh who was father of the complainant purchased insurance policy No. 01472510 on 25.10.2018 vide which the person of the complainant was assured from the opposite party No. 1 and paid the premium amount of Rs. 50,000/- on 16.10.2018 and policy was issued vide letter No. 60336923/01472510/TH1 dated 26.10.2018 and its commencement date was 25.10.2018 and maturity date is 25.10.2028. The payment of premium was agreed to be paid in annual installment of Rs. 47,800/-. Due to bad luck of complainant his father died on 10.2.2021. The complainant requested the opposite party No. 1 to pay the amount stand credited in the said insurance policy but to no effect. On 18.6.2021 the complainant made written request to the opposite party No. 1 to pay the said amount to the complainant through post on the same day but no reply has been received by the complainant. The act of opposite parties is deficiency in service and unfair trade practice on their part. Hence, the present complaint is filed seeking the following reliefs.-

1) The opposite parties may be directed to pay premium amount of Rs. 50,000/- already paid. 

2) To pay Rs. 10,000/- on account of compensation for mental agony and harassment and Rs. 10,000/- as litigation expenses. 

3) Any other fit relief may also be given. 

All the amount be paid alongwith interest at the rate of 12% per annum till the satisfaction of the claim. 

3. Upon notice of this complaint, the opposite party No. 1 filed written version taking preliminary objections on the grounds that the Future Generali Life Insurance Company is a separate entity and AU Small Finance Bank is a corporate Agent. The complainant concealed material facts from this Commission. This Commission has no jurisdiction to entertain the present complaint. The complainant has failed to demonstrate any deficiency in service on the part of the answering opposite party. Further, the Commission cannot pass any order in contravention of the terms and conditions of the policy contract. The father of the policyholder was duly informed that in case he is not satisfied with the features or the terms and conditions of the policy he can withdraw/cancel the policy under the Free Look Period provision within 15 days from the date of receipt of policy documents. But the policyholder retained policy documents and did not raise any objection during the free look period meaning thereby that the policyholder had agreed to the policy and it was to the satisfaction of the policyholder. The prayer of the complainant to refund the premium in the present case is completely against law. It is given by the insured to cover the risk for a given period and it is not the case of the complainant that the risk was not covered for the period for which the premium had been paid. It is submitted that the policyholder paid two premiums on 22nd October 2018 and 22nd November 2019 and thereafter no premium was paid so the policy had lapsed on 25.11.2020 and policyholder did not revive the policy. The policyholder submitted the proposal form on 18.10.2018 proposing the issuance of FG New Assure Plus for term of 10 years. The policyholder signed and submitted the proposal form after going through the benefit illustration and other documents. The policy documents were dispatched to the policyholder through Blue Dart Courier Service on 21.11.2018. 

4. On merits, all the submissions mentioned by the opposite party No. 1 in the para wise reply are the same as mentioned in the preliminary objections so there is no need to repeat the same. However, lastly the opposite party No. 1 prayed for the dismissal of the present complaint with costs. 

5. Learned counsel for the complainant suffered a statement on 16.8.2021 that he does not want to press the present complaint qua the opposite parties No. 2 to 4 and same may kindly be deleted from the arena of the opposite parties. On his statement the opposite parties No. 2 to 4 were deleted from the arena of the opposite parties.

6. In support of his complaint, the complainant tendered into evidence his affidavit Ex.C-1, copy of policy Ex.C-2, copy of death certificate Ex.C-3, copy of letter dated 18.6.2021 Ex.C-4, postal receipt Ex.C-5 and closed the evidence.  

7. To rebut the case of the complainant the opposite party No. 1   tendered in evidence copy of insurance application Ex.OP-1/1, copy of benefit illustration Ex.OP-1/2, copy of policy Ex.OP-1/3, copy of lapse notice Ex.OP-1/4 and closed the evidence on behalf of opposite party No. 1.  

8. We have heard the learned counsel for the parties and have gone through the record on the file. Written arguments also filed by the opposite party No. 1.  

9. The complainant himself admitted in his complaint that the father of the complainant Ajit Singh had purchased insurance policy bearing No. 01472510 on 25.10.2018 vide which the complainant was insured and father of the complainant had deposited the premium amount to the opposite party No.1. Initially, the said policy was purchased in the year 2018 and later on the father of the complainant Ajit Singh was died on 10.2.2021 which is almost after more than two years. The complainant also mentioned in the complaint he requested the opposite party No. 1 to pay the amount stand credited in the said insurance policy on 18.6.2021 but complainant alleged that no reply has been received by the complainant.

10. On the other hand, the opposite party No. 1 submitted in their written version that father of the policyholder was duly informed that in case he is not satisfied with the features and terms and conditions of the policy he can withdraw or cancel the policy under the Free Look Period provision within 15 days from the date of the receipt of the policy documents but the policyholder retained policy documents and did not raise any objection during the Free Look period meaning thereby that the policyholder had agreed to the policy and it was to the satisfaction of the policyholder. The opposite party No. 1 further submitted that the policyholder paid two installments on 22.10.2018 and 22.11.2019 and thereafter no premium was paid to the policy and the policy had lapsed on 25.11.2020 and policyholder did not revive the policy. It is clear that the father of the complainant had also deposited the second annual installment of the policy and he was well aware about the policy benefits etc. The opposite party No. 1 also mentioned in the written version that the policy documents were dispatched to the policyholder through Blue Dart Courier Services on 21.11.2018 and this fact was not rebutted by the complainant. The opposite party No. 1 also produced the copy of the lapse notice dated 25.11.2020 Ex.OP-1/4 to the father of the complainant despite that father of the complainant did not pay the premium installment to the opposite party No. 1. 

11. It is admitted case of the opposite parties that the policy was purchased by the father of the complainant and the complainant was insured through the said policy. It is also admitted by the opposite party No. 1 that the opposite party No. 1 has received the two installments of the said policy. The purchaser of the policy Ajit Singh the father of the complainant has already been expired and the complainant has produced the death certificate of Ajit Singh Ex.C-3. It is clear that the complainant has sent the letter dated 18.6.2021 and requested the opposite party No. 1 to pay an amount of Rs. 50,000/- as father of the complainant has already been expired and he is unable to pay further installments. The copy of the letter is Ex.C-4 and postal receipt is Ex.C-5. But the opposite party No. 1 had not bothered to give any reply to the said letter of the complainant. In this way, the opposite party No. 1 impliedly admitted the claim of the complainant. 

12. In view of the above discussion, present complaint is partly allowed and opposite party No. 1 is directed to refund an amount of Rs. 50,000/- to the complainant as claimed by him in the present complaint alongwith interest at the rate of 6% per annum from the date of filing of present complaint till actual realization. The opposite party No. 1 is also directed to pay Rs. 5,500/- to the complainant as compensation for mental tension and harassment and Rs. 3,300/- as litigation expenses. Compliance of this order be made within the period of 45 days from the date of the receipt of the copy of this order. Copy of the order be supplied to the parties free of costs. File be consigned to the records after its due compliance.

ANNOUNCED IN THE OPEN COMMISSION:

        11th Day of March 2022

 

 

            (Ashish Kumar Grover)

            President

              

(Urmila Kumari)

Member

 

(Navdeep Kumar Garg)

Member