Delhi

East Delhi

CC/997/2014

ASHOK - Complainant(s)

Versus

HDFC LIFE INS - Opp.Party(s)

27 Oct 2016

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 997/14

 

Shri Ashok Kumar

R/o A-483, 1^st Pusta Village Kaitwar

New Delhi – 110 053                                                                 ….Complainant

 

Vs.

 

HDFC Life Insurance Company Limited

Branch Office – HDFC SL Delhi NFC Branch

22, Community Centre, New Friends Colony

Delhi – 110 025                                                                                 ….Opponent

 

Date of Institution: 15.12.2014

Judgment Reserved on : 27.10.2016

Judgment Passed on : 28.10.2016

 

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari  (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By : Shri Sukhdev Singh (President)

 

 

JUDGEMENT

 

The complainant Shri Ashok Kumar has filed a complaint under Section 12 of the Consumer Protection Act against HDFC Life Insurance Company Limited (OP) for direction to pay refund of Rs. 49,000 with 18% interest, Rs. 2,00,000/-  as compensation and Rs. 25,000/- as cost of litigation.

2.        The complainant got a policy having paid a sum of Rs. 49,000/- against receipt no. 66515039 and policy no. 16642347.  This policy was issued on 13.02.2014 and in the month of April’2014, the complainant received a letter from respondent for having it cancelled.  He asked for refund, but respondent did not do so.  Thus, the complainant has prayed for refund of Rs. 49,000 with 18% interest, Rs. 2,00,000/- as compensation on account of harassment, mental agony and pain and   Rs. 25,000/- as cost of litigation. 

3.        Notice of the complaint was given to OP.  They were served, but they did not put the appearance, hence, they were proceeded ex-parte.

4.        In support of its complaint, the complainant has examined himself.  He has deposed on affidavit.  He has narrated the facts, which have been stated in the complaint.  No document has been placed on record by the complainant to show that why his policy has been cancelled.  In para 5 of the affidavit, he has stated that he was shocked, when respondent cancelled the policy in the month of April’ 2014 vide letter dated.  He has not put on record the letter whereby his policy has been cancelled.  In the absence of that letter, the plea of the complainant that OP has cancelled his policy cannot be accepted.  Though, he has placed on record the documents such as policy papers and a letter written by insurance company of 04.04.2014 acknowledging his policy and his complaint, however, he has withdrawn the letter in respect of cancellation of his policy.  The fact that the letter of cancellation of policy has not been placed on record, the version given by the complainant in his testimony cannot accepted.  In the absence of that, the complainant has failed to show any deficiency on the part of OP.  Hence, his complaint deserves dismissal and the same is dismissed with cost of     Rs. 1,000/-.  

            Copy of the order be supplied to the parties as per rules.

File be consigned to Record Room.

 

 

(DR. P.N. TIWARI)                                              (HARPREET KAUR CHARYA)

Member                                                                                Member    

     

      (SUKHDEV SINGH)

             President