Order-16.
Date-11/03/2016.
Complainant Ajit Kumar Jain by filing this complaint has submitted that complainant purchased one HDFC Savings Assurance Policy bearing No. 15785246 against payment of a premium amount to the extent of Rs.50,000/- and under cover a letter dated 01.02.2013 the policy documents were forwarded to the complainant and the letter dated 01.02.2013 was duly issued by the op inter alia contained an Option to Withdraw clause which is as follows – Option to withdraw.
No doubt complainant received the letter dated 01.02.2013 along with policy documents only on 30.09.2013 and a copy of the letter dated 01.02.2013 and the policy being no. 15785246 and postal documents evidence receipt of such documents on 30.09.2013.
On receipt of the said policy documents within a period of 15 days from the date of receipt of the policy documents, not being satisfied with the policy terms and conditions and the proposal form decided to exercise its option to return the documents and by a letter dated 03.10.2013 complainant communicated to the op and his decision to return the policy documents and that was sent within 15 days from the date of receipt of the policy documents and for cancelling the same and prayed for refund of the premium amount to the tune of Rs. 50,000/- paid by the complainant as premium and the said letter dated 03.10.2013 along with policy documents received by the op on 07.10.2013 and that was sent through First Flight Courier and long after the receipt of letter dated 03.10.2013 by an electronic mail dated 24.01.2014 complainant was informed by the op that his complaint has been registered as Complaint No. 01000000258106 and is being handled by one of their office staff and the next result would be communicated within 14 days from the date of the electronic mail.
But thereafter no response was made by the op though complainant repeatedly sent so many emails and ultimately avoided to cancel the same and refund the same amount. Thereafter op asked the complainant to file proof of delivery of policy documents etc. on 05.10.2013 that was also met by the complainant. But even then op did not respond and has not returned the same for which complainant has filed this complaint praying for refund of the said amount including interest and further compensation for harassment and also litigation cost.
On the other hand op by filing written statement on 18.11.2015 submitted that no doubt complainant purchased the said policy knowing fully well of the same on payment of Rs.50,000/- vide a cheque along with application form and policy documents being Policy No.15785246 was dispatched on the address of the complainant as mentioned in the application form. But the same was returned back due to address incomplete and after getting confirmation of address from the policy holder, the said policy documents were again dispatched to the policy holder which was duly received by him. But within 15 days from the date of receipt of the policy, complainant did not pray for cancellation for which no positive order was passed and even no positive decision was taken and further it is submitted that practically after receipt of letter dated 20.01.2014 from the complainant op replied vide a letter dated 03.02.2014 that the policy holder failed to provide the original policy documents including proof of service of the same or any application for cancellation within free look period and ultimately op could not proceed with the claim of the complainant. So, there was no negligence and deficiency on the part of the op.
Decision with reasons
On careful consideration of the complaint and written version and also considering the argument as advanced by the Ld. Lawyer for the op, we find that the op reflected some false story in the written version which is proved from the fact that complainant sent the documents what he received on 30.09.2013 that is policy document and forthwith complainant sent the same along with a cancellation letter dated 03.10.2013 and that was sent by First Flight Courier Service on 05.10.2013 and from the copy of the said slip, it is proved that HDFC Standard Life Insurance Company received the same by Postal Seal and Signature on 07.10.2013 but that has been denied by the op in the written version and suppressed the fact and when that document was shown to the Ld. Lawyer for the op, then he submitted that he will refund the same amount.
It is apparently proved that cancellation was made within 15 days from the date of receipt of the policy document sent by the complainant. Then question is for what purpose this op stated some false statement in the written version stating that they never received such documents. When it is admitted that policy documents was received by the op on 07.10.2013.
Most interesting factor is that document is in the custody of the op, they received it on 07.10.2013 with their seal and that receipt supports that. But even then they submitted a false written statement stating otherwise that they never received it. It is the private insurance company’s activities in almost in all the cases. Because private insurance companies are here and there to collect the premium and to forfeit the same by not cancelling the policy document even after receipt of such application for cancellation from the insured within time.
Their business is being run by the forfeited amount. Their activities, their business tactics are all through brokers, agents or corporate agents. Public at large does not go to HDFC Standard Life Insurance Office for opening a policy and in the present case it is proved that everything is done by the agents. But complainant was very vigilant for which on receipt of the documents observing terms and conditions found completely different from the terms and conditions what he learnt from the agents hand. Whatever it may be in the present case, it is legally proved that op has submitted false statement before this Forum and their fake defenceis well proved from document that is courier receipt dated 07.10.2013 and it is also proved that op received cancellation letter dated 03.10.2013 along with the original policy document. But even then they did not proceed since 07.10.2013 till today. But at the time of advancement of argument and also in the written argument, they have stated that for want of POD (Proof of Document), op did not process the same but it is proved a false and vexatious plea of the op.
But truth is that all private insurance companies are not willing to act as per IRDA Guideline. They are not willing to give protection to the insured and their only business is anyhow to grab the premium amount and to increase their capital. Now question is how the written version was submitted by swearing an affidavit by Saswata Banerjee. Then it is clear that Legal Manager of op has made false statement even after receipt of such original policy document along with cancellation documents within free look period that is from the date of receipt of original policy document by the complainant.
No doubt such an act on the part of Saswata Banerjee who submitted written version by swearing and affidavit is found a full of false statement. We have failed to understand how Saswata Banerjee the Dy. Manager Legal-Zone East having Employee Id No. 93727 has been found acting on behalf of the company as a Legal Dy. Manager when he is no doubt a dishonest employee of the op company and he was posted for the purpose of giving some false evidence and written version on behalf of the company before this Forum or Court of Law. Such a person should be imposed penalty at first and thereafter the company.
Whatever it may be it is clear like a glass of water that entire written version is full of false, fabricated statement and dishonesty of the op is well proved and it is proved that they are conducting deceitful manner of business on behalf of the company and their Deputy Manager Legal is appointed for the purpose of expressing illegal statement before this Forum or Court of Law.
Relying upon the above findings and documents, we are convinced to hold that willfully only to harass the complainant and only to deceive the complainant in such a manner and to grab this Rs. 50,000/- which has been deposited as premium, this op appeared before this Forum by filing false, fabricated and baseless written statement.
At the same time it is proved that Deputy Manager Legal only illegally to grab the entire premium amount submitted false evidence, false statement. Though truth is that within 15 days from the date of receipt of original policy document by the complainant, the op received the cancellation application dated 03.10.2013 along with original policy document but they did not dispose of it within 30 days as per IRDA Guideline. As because they have their no intention to act legally for which some dishonest persons have been appointed as Deputy Manager Legal etc. who submitted false statement, false fact before the Forum to dislodge the rightful claim of the insured.
In view of the above findings, we are convinced to hold that policy documents shall be treated as a cancelled on and from the date of receipt of the said policy document that is on and from 07.10.2013 and when that was received within 15 days from the date of receipt of the original policy document by the complainant that on 30.09.2013. In fact there was no option on the part of the op but to cancel it and to refund the entire amount, but that has been detained as their capital and it is forceful act on the part of the op. It is no doubt negligent and deficient manner of service of op and at the same time it is deceitful manner of trade and also unfair trade practice on the part of the op which is proved.
In the result relying upon the above findings, materials and decision, we are inclined to hold that complainant is entitled to get back the entire amount of Rs. 50,000/- treating his policy bearing no. 15785246 as cancelled with effect from 07.10.2013 and further for not disposing of the said cancellation application by the op intentionally, purposefully, arbitrarily,complainant is entitled to get interest at the rate of8 percent p.a. over the same with effect from 07.10.2013 till its full payment by the op.
Further for adopting unfair trade practice and for deceitful manner of trade and for causing mental pain and sufferings, op shall have to pay compensation, penal damages, litigation cost etc. also.
Hence, it is
ORDERED
That the complaint be and the same is allowed on contest with a penal cost of Rs.10,000/- against op.
Op is hereby directed to refund the entire amount of Rs.50,000/- which has been received as premium treating the policy bearing No. 15785246 as cancelled w.e.f. 07.10.2013 and over the said amount, op shall have to pay banking interest at the rate of8 percent p.a. over the same since 07.10.2013 and till its full payment to the complainant.
Op is also directed to pay a sum of Rs. 10,000/- as penal damages for adopting unfair trade practice, deceitful manner of trade and also for filing a false written version before this Forum stating that they never receipt such original policy document and cancellation paper of the complainant and for adopting such unfair trade practice and for deceitful manner of trade and to check such sort of activities of op and to save the customers (Consumer) at large in future from the hands of the op, op is imposed such penal damages which shall be deposited to this Forum and it is imposed to control such sort of activities no doubt which is a very cheat insurance company in Bengal.
Op is directed to satisfy the decretal dues within one month from the date of this order, failing which for non-compliance of the same and for disobeyance of the Forum’s order, penal action shall be started against them u/s 25 read with Section 27 of C.P. Act, 1986 and also they shall have to pay penal interest at the rate of Rs.200/- per day till full satisfaction of the decretal dues.
