Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 164.
Instituted on : 08.07.2013.
Decided on : 01.04.2015.
- Rohit.
- Aman sons of Sh. Mahabir Singh through his father Sh. Mahabir Singh s/o Sh. Ramchand r/o village Jassia as Natural guardian and next friend. Both residents of village Jassia, Teh. & Distt. Rohtak.
………..Complainant.
Vs.
HDFC Standard Life Insurance Co. Ltd. 2nd Floor Ashoka Building, Ashoka Chowk, Delhi Road, Opp. Myna Tourist Complex, Rohtak.
……….Opposite party.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.JOGINDER KUMAR JAKHAR, PRESIDENT.
MS. KOMAL KHANNA, MEMBER.
Present: Ms. Ravita Nain, Advocate for the complainants.
Ms. Usha Girotra, Advocate for the opposite party.
ORDER
SH. JOGINDER KUMAR JAKHAR, PRESIDENT :
1. The present complaint has been filed by the complainant with the averments that complainants under the promises of executives of opposite party had obtained insurance policy No.13707511 and 13707497 from the opposite party and had deposited an amount of Rs.10000/- each as insurance premium. But lateron the complainants were shocked to know that the executives of opposite party have made false promises to the complainant and no such benefits is to be provided to the complainants under the said policy. It is averred that complainants had requested the opposite party to get cancel the above said policies. But neither the complainants have got any insurance papers from the opposite party nor get their insurance premium amount back from the opposite party. It is averred that the complainants have furnished all the documents to surrender their policy to the opposite party and apply for refund of insurance premium but no satisfactory reply has been given to the complainants. It is averred that the complainants served a legal notice dated 17.4.2013 to the opposite party but the same was not replied. It is averred that the act of opposite party is illegal and amounts to deficiency in service. As such it is prayed that opposite party may kindly be directed to refund the amount of Rs.20000/-, alongwith interest, compensation and litigation expenses to the complainants.
2. On notice, the opposite party appeared and filed its written reply submitting therein that it is admitted that the complainant has purchased two insurance policies from the opposite party in the year 2010 having nos. 13707511 and 13707497. It is averred that after taking the benefit of this insurance policy, complainant has requested to cancel the policy and the same was denied. It is averred that the complainant has right to cancel the policy under free look period of 15 days but in this case the complainant has applied for the cancellation of the policy on the ground that the date of birth mentioned on the policy is incorrect and requested the opposite party to modify on the policy documents. It is averred that complainant has given the complaint on 15th March, 2011 and the same was replied by the answering opposite party that complainant has not approached under free look period i.e. 15 days after the receiving of the policy documents for the cancellation of the policies and as such the request of the complainant was denied. All the other contents of the complaint were stated to be wrong and denied. It is prayed that the present complaint may kindly be dismissed with costs.
3. Both the parties led evidence in support of their case.
4. Complainant in his evidence tendered affidavit Ex.CW1/A, document Ex.C1 and has closed his evidence. On the other hand, ld. Counsel for the opposite party tendered documents Ex.R1 to Ex.R6 and has closed his evidence.
5. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
6. In the present case it is not disputed that the complainant had availed two policies from the opposite party and had deposited an amount of Rs.10000/- each as premium. The contention of ld. Counsel for the complainant is that the complainant came to know that no such benefits as promised by the opposite party was to be provided under the policy so the complainant decided to cancel the policy and had furnished all the documents to surrender the policies and had applied for refund of insurance premium but the opposite party failed to pay the alleged amount to the complainant despite his repeated requests. On the other hand, ld. Counsel for the opposite party has contended that the insured never made any request for cancellation of policy under Free-Look provisions which is available to the customer with the policy documents. So as per terms and conditions of the policy opposite party is not liable to pay any amount to the complainant.
7. After going through the file and hearing the parties it is observed that complainant had applied for refund of premium as he was not satisfied with the policy but the same was denied by the opposite party vide its letter Ex.R6 on the ground that the cancellation request was not received within the free look period of 15 days so the opposite party was unable to process a refund of premium paid towards the policy. But the opposite party has not placed on record any document e.g. dispatch number, receipt number etc. on record to prove that the policy was supplied to the complainant. Hence the opposite party cannot take the benefit of the terms and conditions of the insurance policy. In this regard reliance has been placed upon the law cited in III(2014)CPJ 96(Punj.) titled SBI Life Insurance Company Ltd. Vs. Amrit Kaur & Ors. whereby Hon’ble Punjab State Commission, Chandigarh has held that: “Complainant had not received insurance policy with full terms and conditions-No evidence on record as to when insurance policy was dispatched to the complainant by OP No.1-No question of taking the benefit of free look period clause thereof by complainant-Unfair trade practice established-OP No.1 is actually beneficiary of insurance policy and its liability has to be fixed jointly and severally with OP Nos. 2 and 3”. In view of the aforesaid law which is fully applicable on the facts and circumstances of the case it is observed that the opposite party is liable to refund the premium amount to the complainant.
8. In view of the facts and circumstances of the case it is observed that opposite party shall refund the amount of premium of both the policies i.e. Policy No.13707511 and 13707497 of Rs.10000/- each i.e. total Rs.20000/-(Rupees twenty thousand only) to the complainant maximum within one month from the date of decision failing which the awarded amount shall fetch interest @ 9% p.a. from the date of decision. Complaint is disposed of accordingly.
9. Copy of this order be supplied to both the parties free of costs.
10. File be consigned to the record room after due compliance.
Announced in open court:
01.04.2015.
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Joginder Kumar Jakhar, President
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Komal Khanna, Member.
