BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.55 of 2018

Date of Instt. 08.02.2018

Date of Decision: 06.11.2018

Harjinder Singh s/o Charan Singh r/o Village Maniala P.O. Sherpur Dona, Tehsil Sultanpur Lodhi, District Kapurthala.

..........Complainant

Versus

HDFC Standard Life Insurance Company Ltd, Shoppers Square, 1st Floor, 365-A, Opp. Zymkhana Club, Lajpat Nagar, Model Town Road, Jalandhar. Through its authorized signatory.

….….. Opposite Party

Complaint Under the Consumer Protection Act.

Before: Sh. Karnail Singh (President)

Smt. Harvimal Dogra (Member)

Present: Sh. J.J.S. Arora, Adv Counsel for the Complainant.

OP Exparte.

Order

Harvimal Dogra (Member)

1. This complaint has been filed by the complainant Harjinder Singh under 'Consumer Protection Act, 1986 against the OPs “HDFC Standard Life Insurance Company”, with the prayer that complaint of the complainant may be accepted and complainant may be allowed to surrender his policy and OP be also directed to refund the premium paid by the complainant and further OP be directed to pay compensation for harassment to the complainant to the tune of Rs. 50,000/- and litigation expenses of Rs. 11,000/-.

2. The brief facts of the complaint are that the complainant purchased insurance policy bearing No. 13708757 from the OP which was commenced on 5/6/2010. At the time of issuance of the said policy, the complainant was assured by the OP that the said policy is for a period of five years and as such, after expiry of five years and deposit of all due installments, the complainant applied for refund of the maturity amount of the said policy vide letter dated 23/8/2016 but subsequently it was revealed that in fact the term of the policy is long. However, after five years, the policy can be surrendered for the refund of the due amount, as per the clause of the terms of the said policy. The complainant do not want to continue with the policy for personal reasons. The complainant has visited the office of the OP time and again but could not get any positive response and even the aforesaid letter dated 23/8/2016 remained un-responded till date. Thereafter a legal notice dated 3/2/2017 was served to the OP but all remain in vain which is clear cut case of deficiency in service and unfair trade practice as well as negligence on the part of the OP and as such, necessity arose to file the present complaint with the prayer that the same may be allowed.

3. Notice of the complaint was given to the OP, but inspite of service, OP miserably failed to appear and ultimately, OP was proceeded against exparte,

4. In order to prove the case of the complainant, the counsel for the complainant tendered into evidence affidavit of the complainant Ex.CA along with some documents Ex.C-1 to Ex.C-3 and then closed the evidence.

5. We have heard the learned counsel for the complainant and also gone through the case file very minutely.

6. From the overall circumstances as put before us by the counsel for the complainant itself shows that the policy has been purchased by the complainant from OP bearing No. 13708757 and copy of the same is placed on the file by the complainant Ex. C2 and also proved on the file his own affidavit Ex. CA in order to fortify the entire version as elaborated in the complaint.

7. We have considered the plea taken by the complainant and find that the complainant never approached to the OP for surrender of the insurance policy, if approached then complainant has to bring on the file the letter so sent to the OP for surrendering of the policy, then the copy of the same alongwith postal receipt must be brought on the file but complainant has proved on the file his own affidavit as well as policy documents Ex. C2 and Ex. C3 except that no document has been proved on the file even the letter stated in the complaint dated 23/8/2016 is also not proved on the file, if there is no request on the part of the complainant for surrendering of the policy then how the OP can accept or deny and if there is no accept or deny then no cause of action accrued to the complainant to file the instant complaint.

8. Apart from above, as per wording of the insurance policy Ex. C2, the policy period was ten years and yearly premium was agreed to be paid by complainant for Rs. 20,000/-. The complainant failed to deposit the further premium from 2010 onwards and due to that reason in the year 2018, the instant complaint filed i.e. after lapse of eight years. Further in the said policy document Ex. C2 the period and procedure is also mentioned for cancellation of the policy, the same is within free look period means 15 days from the date of receipt of the policy but in this complaint, complainant neither impleaded nor mentioned the date on which he received the copy of insurance policy. So after 8 years, we can't consider appropriate period for allowing to surrender the insurance policy when the fault is on the part of the complainant for not depositing the yearly premium and also failed to surrender the policy within free look period. From the overall circumstances as discussed above, the complaint of the complainant fails and same is dismissed with no order of cost. Parties will bear their own costs. This complaint could not be decided within stipulated time frame due to rush of work. This complaint could not be decided within stipulated time frame due to rush of work.

9. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.

Dated Harvimal Dogra Karnail Singh

06.11.2018 Member President