Before the District Consumer Disputes Redressal Commission, Rohtak.
Consumer Complaint No. 280
Instituted on: 10.08.2020
Decided on: 26.11.2024
Naresh Kumar son of LaxmiNarain, R/o House no. 1750, Housing Board Colony, Sector-1, Rohtak, at present r/o house no. 313, Sector-2, Rohtak.
….Complainant
Vs.
HDFC Life, standard Life Insurance, Rohtak, 2nd floor, Ashoka Building, Ashoka Chowk, Delhi Road, Opp. Myna Tourist Complex, Rohtak (Haryana) 124001, through its Branch Manager.
……Opposite Party
COMPLAINT UNDER CONSUMER PROTECTION ACT.
BEFORE: SH. NAGENDER SINGH KADIAN, PRESIDENT.
DR. VIJDENER SINGH, MEMBER.
Present: Sh. Sumit Kumar, Advocate for the complainant.
Sh. Sandeep Raj, Advocate for opposite party.
ORDER
SH. NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the present compliant, as per the complainant arethat he had obtained one insurance policy no.11319859 from opposite party for assured value of Rs.2,50,000/-. The same was effective from 05.10.2007 to 06.10.2017 and the name of complainant on the said policy was mentioned as Naresh Kumar Rohilla. The policy became matured, but as the complainant was out of station in connection with his business work, so he could not apply for return of its maturity value. The opposite party illegally and arbitrarily without getting any consent from the complainant, issued two other insurance policies i.e. bearing no. 22150583 dated 31.12.2019 of HDFC Life Pro Growth Plus and bearing no. 22236591 dated 26.01.2020 of HDFC Life Pension Guaranteed Plan and deducted the amount of premium from complainant’s earlier policy no.11319859, matured on 06.10.2017. The opposite party has issued both the policiesby mentioning the name of complainant as Naresh Kumar and address of the complainant as House no. 1750, Sector – 1, Rohtak, whereas at that time, he was outside the State at Goa in connection with his business. The complainant had neither signed any document or form, nor submitted any documents to the opposite party to issue the said two policies. The complainant through various written representations and emails requested the opposite party for cancellation of aforementioned two policies. Upon this, the opposite party vide their email dated 25.07.2020 assured the complainant to withdraw both the policies and to refund the initial deposits or premium to the complainant. In this manner, the opposite party has cheated the complainant, caused monetary loss and also caused mental agony and harassment. Thus, the opposite party is liable to compensate the complainant. Hence this complaint, and it has been prayed that the opposite party may kindly be directed to pay the maturity amount of insurance policy no.11319859 along with all other accrued benefits alongiwthinterest @ 18%, compensation of Rs.300000/- on account of deficiency in service and Rs.22000/- as litigation expenses to the complainant.
2. Notice of the present complaint was issued to the opposite party. Opposite party appeared and filed its written statement submitting therein that the life insured had obtained a life insurance policy bearing no.11319859 dated 05.10.2007 having assured value of Rs.2,50,000/- and the date of its maturity was 06.10.2017. After the date of maturity, the complainant himself made application on dated 26.12.2019 for part transfer of funds out of the matured value of the policy no.11319859 i.e. Rs.70,000/- for issuance of a new policy and further on 27.12.2019 for part transfer of funds out of the matured value of the policy no. 11319859 i.e. Rs.2,97,494/- for issuance of new policy with the opposite party. Accordingly, as per the wishes of the complainant, the said funds were transferred and two new policies were issued to the complainant bearing no.22150583 dated 31.12.2019 and 22236591 dated 26.01.2020. The complainant has filed the present complaint in the name of “Naresh Kumar and not Naresh Kumar Rohilla, therefore, it is very much evident from this fact that the complainant is misleading the Hon’ble court by distorting the facts and concocting a story. On the maturity of any policy, it is life insured who has to apply for the maturity amount with the insurance company along with the original policy documents and KYC documents. The applications for the transfer of funds for issuance of new policies were duly singed by the complainant and it was only after the consent and the signatures of the complainant, the said policies were issued. The complainant has alleged preparation of forged documents, hence, this Commission has no jurisdiction to entertain the present complaint. The complainant has tried to deceive and mislead the Commission by stating wrong facts and statements. There has been no negligence on the part of the opposite party. The complainant is not entitled for any compensation and it is prayed that the present complaint may kindly be dismissed with exemplary cost.
3. Learned counsel for the complainant in his evidence tendered affidavit Ex. CW1/A, documents Ex. C-1 to Ex. C-27 and closed the same on 20.07.2022. On the other hand, learned counsel for the opposite party failed to adduce any evidence despite availing sufficient opportunities and the evidence of opposite party was closed vide order dated 26.04.2023/26.11.2024 of this Commission.
4. We have heard ld. counsel for the parties and have gone through the documents and other material aspects of the case very carefully.
5. In the present case the complainant had purchased a policy bearing no.11319859 on dated 05.10.2017 from the opposite party and deposited the premium regularlyas per terms and conditions of the policy. Maturity date of the policy was 06.10.2017. Complainant could not apply for the return of maturity value because he was out of station in connection with his business. Thereafter, he applied for the maturity amount with the insurance company but the opposite party issued two policies bearing no.22150583 dated 31.12.2019 of HDFC Life Pro Growth Plus and bearing no.22236591 dated 26.01.2020 of HDFC Life Pension Guaranteed Plan and deducted the amount of premium from complainant’s earlier policy no.11319859, matured on 06.10.2017, without obtaining the consent or without any intimation to the complainant. Thereafter the complainant wrote several letters –emails which are placed on record as Ex.C9 to Ex.C11 &Ex.C19to Ex.C26. After receiving the emails and complaints, the department conducted an investigation in the matter in dispute and wrote mail to the complainant on 25.07.2022 which is placed on record as Ex.C27 and the main contention of this email is as under:- “A detailed investigation of the facts presented by you was conducted and on the basis of the findings, we have accepted your request to cancel the policies mentioned above”. Meaning thereby the opposite party issued the policies inadvertently without any consent or intimation to the complainant. But the amount has not been refunded to the complainant till date. Hence there is deficiency in service on the part of opposite party and the opposite party is liable to cancel the alleged policies and to pay the maturity amount of the previous policy bearing no.11319859alongwith interest and compensation to the complainant.
6. In view of the facts and circumstances of the case, we hereby allow the complaint and direct the opposite party to pay the maturity value of policy bearing no.11319859alongwithall other accrued benefits andalong with interest @ 9% p.a. from the date of maturity i.e. 06.10.2017 till its realization to the complainant. Opposite party is further directed to pay Rs.10000/-(Rupees ten thousand only) as compensation on account ofdeficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant. Order shall be complied within one month from the date of decision.
7. Application(s) pending, if any, stand disposed of in terms of the aforesaid judgment.
8. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
26.11.2024.
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Nagender Singh Kadian, President
……………………………….
Vijender Singh, Member
