Delhi

East Delhi

CC/332/2014

JHAGRA - Complainant(s)

Versus

HDFC LIFE INS. - Opp.Party(s)

08 May 2018

ORDER

          DISTRICT CONSUMER DISPUTE REDRESSAL FORUM EAST Govt of NCT Delhi

          CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092

                                                                                                   Consumer complaint no.       332/2014

                                                                                                   Date of Institution               04/04/2014

                                                                                                   Order reserved on               08/05/2018                                

                                                                                                   Date of order                        10/05/2018                                                                                     

 

In matter of –

 

Mr Jhagrav Prasad, adult   

R/o- c/o- UNITY infra Profect Ltd.

Complex Mandoli Jail, Nr Gagan Cinema, Delhi-110093 (old address)

 

R/o- Advant, Sec. 137,

Village Shadra, Noida UP (New Address)…..……………..…………….Complainant                                                                   

                                                                          

                                                                            Vs

1- The Manager, HDFC Life Insurance Co. Ltd.

A-32, Anand Vihar, Delhi 110092

 

2-The Managing Director,

The HDFC Life Insurance Co. Ltd.

11^th Floor, Lodha Excellus, Apollo mill compound,

N M Joshi Road, Mahalaxmi , Mumbai 400011….………………..……Opponents

 

Complainant …………………………………In Person

Opponent’s Advocate- ………………….Mr GLN Murti

 

Quorum                                                 Sh Sukhdev  Singh    President

                                                                Dr P N Tiwari              Member

                                                                Mrs Harpreet Kaur    Member   

                                                                                               

Order by Dr P N Tiwari, Member   

Brief Facts of the case                                                                                                

 

The complainant had taken Pro Growth Super II policy from OP through OP1 vide policy no. 15582880 after paying premium amount of Rs one Lac as a single premium on the assurance from OP that he would get 5 Lacs after five year (Ex CW1/1 &2). The said policy bond was received in Dec. 2012, but after seeing detailed terms and conditions that complainant had to pay Rs one lacs per year for 10 years as policy tenure, so immediately tried to contact Manager OP1 to explain about the changed facts what he was told and had put his signatures. Despite of repeated visit, none was available in office (Ex CW1 &1A).

Within 3 days of receiving of policy bond gave a letter on 12/01/2013 for cancellation of his policy and refund the premium amount (Ex CW1/2), but did not get any reply, so again sent a letter on 24/02/2014 (Ex CW1/4 & 5). It was stated that OP asked to submit colour photocopy of ID proof as PAN card or passport containing visible signatures (Ex CW1/3). It was submitted that OP again demanded bank attested signatures which were submitted after getting attested from HDFC bank where he had his account. Despite of completing all the formalities, no refund was made, so filed this complaint claiming refund of his premium amount Rs one with compensation Rs 20,000/-for mental agony and harassment suffered with Rs 1000/-as litigation cost. 

After receiving notices, OP submitted written statement and denied all the allegations put in complaint and reiterated to refund premium amount as per policy terms and settled laws. OP stated that the complainant failed to avail Free Look period option of 30 days for discontinuing the policy if terms were not suitable to him. Also complainant did not raise any objection at the time of signing proposal form. Policy proposal form was filled by complainant himself and had put his signatures also on all the documents and on declaration. OP also submitted details of the policy as under—

Policy no.- 15582880

Policy Plan- HDFC SL PROGROWTH SUPER II

Risk commencement date- 27/11/2012

Paying Term- 10 years

Premium Amount & Frequency – Rs 1,00,000/- Annual

Sum Assured –Rs 7,00,000/-

 

OP stated that policy was delivered to complainant through Blue Dart courier on 01/12/2012 via AWB no. 46220347666 and complainant was given option to cancel his policy if terms and conditions did not suit him in 30 days of Free Look Period which he did not opt. Complainant raised objection to the policy terms on 12/01/2013 which was replied by OP on 28/01/2013. Thereafter email was sent to OP on 05/05/2013 which too was replied on 13/05/2013.

OP asked to submit his signatures attested by the bank and his PAN card photocopy where details appearing on his ID were not clear so asked for a clear proof as complainant had put his signatures in Hindi on his PAN card where as in other documents, signatures were in English, so it was asked to submit his valid signatures proof attested from bank where he had account. It was submitted that complainant had to continue his policy for 5 years as locking period for availing benefits of the policy which would be on completed on 27/11/2017 and tenure of his policy was up to 27/11/2022.

AS policy was a unit linked policy (Ex OPW1/1) and terms and conditions of the policy (Ex OPW1/2) were submitted on record and entries were done by the complainant. so there was no deficiency in services and this complaint be dismissed.  

Through rejoinder, complainant submitted denial to all replies given in written statement and stated that all the contents and facts in his complaint were correct and true as his premium was a single in nature for five year and after expiry of five years, would get 5 lacs. Complainant also submitted his evidence on affidavit and stated on oath that all evidences as policy documents and request letter for cancellation of his policy were on record and all facts were correct.

OP submitted their evidences on affidavit through Sh Akash Singh, Associate Manager Legal having their office at New Delhi as per authorization (Ex OPW1/1). He stated on oath that refusal to refund premium amount was justified as per the terms and conditions of the policy as complainant did not avail Free Look Period option (Ex OPW1/2). OP submitted details of terms and conditions of policy with a copy of policy proposal form showing complainant’s signatures.

OP submitted written arguments based on reference in Revision Petition 4463/2014(NC) ‘Gurender Kaur vs HDFC Standard life Insurance Co. Ltd. and others, where it was laid down that if petitioner has failed to exercise the option for cancellation of his policy within free look period of 15 days, it cannot be held that there was any deficiency in service on the part of Insurance Co. In another citation, “Grasim Industries Ltd and others vs M/s Agarwal Steel, CA 5994/2004(SC) where it was laid down that “when complainant signs document, there is a presumption, unless there is proof of force or fraud, that he has read the document properly and understood it and only then he has affixed his signatures thereon, otherwise no signature on a document can ever be accepted. OP also submitted other citations where similar law was laid down for non availing option of Free look Period in Surendra Kumar vs SBI Life Insurance Co. Ltd. as FA 222/2014, State Commission Delhi and Managing Director, Max Life insurance Co. Ltd. vs Chand Kishore Nanda in FA 902/2014, State Commission Delhi. 

Arguments were heard from complainant and OP through their counsel in detail. Order was reserved. 

After hearing arguments, scrutinizing all the facts and evidences submitted before us, it is necessary to see the relevance of evidences on record. The evidence pertaining to the policy details including policy proposal form where it has been seen that the policy bond was signed by the Sr. VP , customer Relation and an authorised signatory of OP’s on 22/12/2012 (page no.28 of 28 as H1 and H7. Hence it is clear that policy bond was signed on 22/12/2012 and after receiving policy documents, complainant had submitted policy cancellation letter on 12/01/2013 which was received by the OP’s branch office on same date. Also by going through the policy benefit schedule on page 3 of 28, expiry of lock in period is 27/11/2017. So, these facts are clear that complainant had informed OP within Free Look Period to cancel the policy and refund the premium amount, but OP did not do anything to comply their own terms and conditions of the policy. Also Lock in Period of the policy was of FIVE years which ended on 27/11/2017.

Also policy is a Unit linked policy having tenure up to 27/11/2022. There was no evidence of courier slip of Blue Dart by which policy documents were sent.  Also it is important to note that the complainant is a very poor person and resides in open sheds of a construction site earlier around Mandoli Jail complex and now in Noida and all his correspondences were in Hindi. The way the policy proposal form was filled seems that only signatures would had been taken and all other documents, though typed in English, cannot read except in Hindi.

So, we cannot presume the defence taken by OP correct. As his locking period of 5 years is over, so we direct OP to release amount of Rs One Lac with 9% interest from 29/12/2012 in 30 days. We also award compensation of Rs 5000/-for harassment and litigation charges. If award is not complied in time, complainant shall recover entire awarded amount on the same interest after expiry of limitation period (30 days) till realized.  There is no other order to cost.  

The order copy be sent to the parties as per the regulation 18 of the Consumer Protection Regulations, 2005 (in short the CPR) and file be consigned to the Record Room under regulation 20(1) of the CPR.

 

(Dr) P N Tiwari – Member                                                                         Mrs Harpreet Kaur- Member                                            

                                      

                                              Mr Sukhdev Singh - President