Tamil Nadu

North Chennai

70/2013

V.Elumalai, - Complainant(s)

Versus

General ManagerHDFC Standard Life Insurance Co. Ltd, - Opp.Party(s)

N.Sridhar-com

17 Feb 2017

ORDER

 

                                                            Complaint presented on:  20.03.2013

                                                                Order pronounced on:  17.02.2017

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

                    TMT.T.KALAIYARASI, B.A.B.L.,           MEMBER II

 

FRIDAY THE 17^th   DAY OF FEBRUARY 2017

 

C.C.NO.70/2013

 

 

V.Elumalai S/o.Varadharajan,

No.134, Bhojarajan Nagar, 2^nd Street,

Old Washermenpet, Chennai – 600 021.

 

                                                                                    ….. Complainant

 

..Vs..

1. General Manager,

HDFC Standard Life Insurance Co.Ltd,

Ramon House, H.T.Parekh Marg,

169, Backbay Reclamation, Churchgate,

Mumbai – 400 020.

 

2. Branch Manager,

HDFC Standard Life Insurance Co. Ltd,

Block “A” 1^st Floor,

New No.57, Old No.9, 2^nd Avenue,

Anna Nagar, Chennai – 600 102.

 

.....Opposite Parties

Date of complaint                                 : 21.03.2013

Counsel for Complainant                      : N.Sridhar, G.Dillibabu &

                                                                 L.Sundara Murthi

         

Counsel for    Opposite Parties                : M/s.Namasivayam, R.Balambigai Gowri

                                                                 R.Ravindarnath Singh     

 

 

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

          This complaint is filed by the complainant praying to order refund of premium amount of Rs.45,000/- paid by him and also compensation for mental agony with cost of the Complaint u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The Complainant took a Insurance Policy under the plan description of ‘HDFC YOUNGSTAR SUPER PREMIUM’ from the 2^nd Opposite Party and paid a annual premium of Rs.45,000/- to the 2^nd Opposite Party’s staff cum Agent Mr.Hariprasad on 08.06.2012 and a receipt was issued to the Complaint through Hariprasad. In this receipt dated on 15.06.2012, No.AU 359905, the 2^nd Opposite Party wantonly mentioned the Complainant address wrongly as “No.134, Bhojaratan Nagar, 2^nd Street, Chennai – 600 049’ instead of correct address as ‘No.134, Bhojarajan Nagar, 2^nd Street, Chennai – 600 021. Though the Complainant gave his photocopy of driving license as his address proof, the 2^nd Opposite Party wantonly mentioned his address  wrongly, which shows the

 

2^nd Opposite Party’s malafide intention to make obstruction for claiming insured amount by the Complainant on maturity. Since the 2^nd Opposite Party wantonly mentioned the Complainant’s address wrongly in receipt, the Complainant wanted to cancel the policy taken by him. The Complainant insisted the agent to cancel the policy and demanded to return his premium amount paid by him.  But the agent gave evasive replies to the Complainant that he can cancel the policy after receiving the policy documents. The Complainant received the policy documents on 12.09.2012. Due to deficiency in service, he returned the policy documents to the 2^nd Opposite Party’s agent on 14.09.2012. The Complainant sent legal notices through his counsel to both the Opposite Parties on 03.11.2012. They have received the notice and failed to reply for the same.  Due to this the Complainant got mental agony and he was always thinking about his premium amount. Hence the Complainant filed this Complaint to cancel the policy taken by him and refund the premium amount of Rs.45,000/- paid by him and compensation for mental agony with cost of the Complaint.   

2. WRITTEN VERSION OF THE  OPPOSITE PARTIES IN BRIEF:

The Opposite Parties is the leading  private life insurance policy providers in India, offering all types of life insurance plans such as term insurance plan, health plans, pension plans for retirement planning, child insurance plan policy, child education plans, ULIPs, saving and investment planning plans. The policy was issued on the basis of a duly signed proposal form submitted by the Complainant for HDFCSL YOUNGSTAR SUPER PREMIUM  plan and we issued him with a policy document No.15230675 dated 20.06.2012 which clearly reflects the Installment premium, the term and frequency of premium.  The policy Documents had been sent through professional courier MAA125902280 on August 2012 to the address as provided by the Complainant in his proposal Form. The allegation that to cancel the policy, he insisted to the agent about cancellation of his policy and demanded to return back the premium amount, which had been paid by him and that the agent gave evading replies to the Complainant   are denied as baseless as the agent was not evading in his reply since the policy can be cancelled only on receipt of the policy and has to be cancelled within the prescribed  period mentioned in the policy. The policy documents have been sent by courier to the “mailing address provided by the Complainant” on his driving license which mentions area pincode as Chennai-49 on the final line of address, as mentioned in the proposal form and the same has been received by the Complainant. Hence, he is not eligible for refund, since the Complainant as per the “option to return” clause, did not return or withdraw from the policy within 30 days from the date of receipt of the policy which is the “free look in period” and also the original policy has to be returned along with the withdrawal request to process cancellation which was not done. As the Opposite Parties have not committed any deficiency in service to the Complainant, the Complaint is liable to be dismissed with cost.

3. POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite parties?

          2. Whether the complainant is entitled to any relief? If so to what extent?

4. POINT NO :1 

It is an admitted facts that the Complainant took a insurance policy under the plan of “HDFC SL YOUNG STAR SUPER PREMIUM” from the 2^nd Opposite Party agent Mr.Hariprasad on 08.06.2012 by paying an annual premium of Rs.45,000/- and for such premium Ex.A1 receipt was issued to the Complainant and the sum assured a sum of Rs.4,50,000/- and the period of policy for 10 years.

          5. The Complainant contended that at the time of applying for the policy he furnished his correct  address through his driving license and  he received the policy documents on 12.09.2012 and whereas in the said  policy his  address  mentioned as wrongly and therefore he had decided to cancel the policy and hence he returned the  policy documents through the 2^nd Opposite Party agent  on 14.09.2012 itself  and he did not get any reply and therefore he issued Ex.A3 and Ex.A5 legal notice to the Opposite Parties  respectively to refund the policy amount to him and failed to comply the same and hence he has filed this Complaint.

          6. The Opposite Party replied that the policy contain the address what was furnished in Ex.B2 proposal form and  the address furnished in the policy document and the  address found in the copy of the driving license  are one and the same and further from the date  of receipt of the policy document, the Complainant should have surrendered the policy within 30 days (pre-look period) to claim the policy amount and however the Complainant had not filed any proof to show that he had surrendered the policy through their agent and no proof filed to show that he handed over the policy document to the agent to submit the policy for surrender and this Opposite Party has not received any policy surrendered by the Complainant and therefore the Opposite Parties  have not committed any deficiency in service.

          7. According to the Complainant the Opposite Party committed deficiency in service in respect of his address furnished by the Opposite Parties in the policy document. According to him the address furnished by him is ‘No.134, Bhojarajan Nagar, 2^nd Street, Chennai – 600 021. The address furnished in Ex.A1 receipt and in the policy is “Elumalai.V , No.134, Bhojarajan Nagar, 2^nd Street, Chennai – 600 049.  According to the Complainant the deficiency is that instead of pin code number 600 021 wrongly furnished as 600 049. In Ex.B2 at page 4 of the proposal form in coloum 16 residential address, the Complainant furnished pin code as 600 049.  The Complainant furnished address proof  copy  of his driving license available in Ex.B2, the pin code has been stated Chennai -21 and CH -600 049 . Therefore both the pin code was available in the driving license furnished by the Complainant. Therefore the policy issued contains the pin code 600 049 cannot be a wrong address of the Complainant even according to him.

          8. The Complainant surrendered the policy through agent on 14.09.2012 and he received the policy on 12.09.2012. The Opposite Parties specifically argued that they have not received surrender of the policy from the Complainant or from the agent. The agent name was not furnished to show that to whom the policy document was handed over. No documents filed by the Complainant to show that he had handed over the policy documents to the agent. Further, the Complainant at least, he could have arrayed the agent as a party in the Complaint. Therefore we hold that the Complainant has not proved that he had surrendered the policy through the agent to the Opposite Parties to refund the premium amount paid by him.

9. Further to apply for cancellation of the policy as per terms and conditions of the policy available in Ex.B2 at page 7 as follows:

             Cancellation in the Free-Look Period:

                     In case you are not agreeable to any of the provision stated in the policy and the details in the proposal form, you have the option of returning the policy to us stating the reasons thereof, within 30 days from the date of receipt of the policy.

The above condition clearly states that during Free-look period within 30 days from the date receipt of the policy. No proof filed by the Complainant that he had applied for the cancellation of the policy within 30 days from the date of policy. Therefore, it is held that the Complainant has not followed the conditions of the policy to surrender his policy.

          10. If at all, the Complainant aggrieved that the pin code number furnished in the receipt and policy first he should have asked the Opposite Party to rectify the address and if they failed to rectify, it is deemed to be deficiency on the part of the Opposite Parties. In this case Complainant without asking to correct address and simply applied for cancellation of the policy is not acceptable and no deficiency committed by Opposite Parties and therefore we hold that the Complainant has not proved that the Opposite Parties have committed deficiency in service.

11. POINT NO:2

Since the Opposite Parties have not committed any Deficiency in Service, the Complainant is not entitled for any relief and the Complaint is liable to be dismissed.

          In the result the Complaint is dismissed. No costs.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 17^th day of February 2017.

 

MEMBER – II                                                               PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 15.06.2012                   Premium payment receipt

Ex.A2 dated NIL                    Driving License of the Complainant

Ex.A3 dated 03.11.2012                   Legal Notice sent to the 1^st Opposite Party

Ex.A4 dated NIL                     Acknowledgement card from the 1^st Opposite

                                                   Party

 

Ex.A5 dated 03.11.2012                   Legal Notice sent to the 2^nd Opposite Party

 

Ex.A6 dated NIL                     Acknowledgement card from the 2^nd Opposite

                                                   Party

 

LIST OF DOCUMENTS FILED BY THE OPPOSITE PARTIES :

 

Ex.B1 dated NIL                     Authorized Signatory

 

Ex.B2 dated NIL                     Policy Details

 

 

 

MEMBER – II                                                               PRESIDENT