DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA.

CC.No.64 of 12-02-2013

Decided on 10-06-2013

Mahesh Kumar aged about 30 years S/o Kalu Ram C/o Pooja Mishthan Bhandar VPO Talwandi Sabo, Distt. Bathinda.

........Complainant

Versus

HDFC Standard Life Insurance Company Ltd., through its Manager, Guru Kanshi Marg, Near Ahluwalia Complex, Bathinda.

.......Opposite party

Complaint under Section 12 of the Consumer Protection Act, 1986.

QUORUM

Smt. Vikramjit Kaur Soni, President.

Sh.Amarjeet Paul, Member.

Smt.Sukhwinder Kaur, Member.

Present:-

For the Complainant: Sh.Sanjay Goyal, counsel for complainant.

For Opposite party: Sh.Vinod Garg, counsel for the opposite party.

ORDER

VIKRAMJIT KAUR SONI, PRESIDENT:-

1. The complainant has filed the present complaint under section 12 of the Consumer Protection Act, 1986 as amended upto date (Here-in-after referred to as an 'Act'). The brief facts of the complaint are that the complainant purchased the insurance policy bearing No.14454880 (as stated on telephone) and made the payment of Rs.25,000/- in the month of June 2011 and was assured by the opposite party that he has to make the payment of Rs.25,000/- only once and he will be insured for Rs.2,50,000/-, in case he wants to get the refund of the amount then he will be given Rs.25,000/- alongwith interest @ 12% per annum and no charges shall be deducted and he can claim for the refund anytime. Neither any cover note nor any separate terms and conditions were ever supplied to the complainant by the opposite party and even free look period was not provided to him. The Manager of the opposite party took the signatures of the complainant on many blank printed documents. The complainant sought the refund of Rs.25,000/- alongwith interest but the opposite party refused to refund the same and conveyed him that he has to make the payment of minimum 10 years otherwise he will not be entitled to get the refund. Hence the complainant has filed the present complaint to seek the directions to the opposite party to refund the amount of Rs.25,000/- alongwith interest, cost and compensation.

2. Notice was sent to the opposite party. The opposite party after appearing before this Forum has filed its written statement and pleaded that the complainant has concealed the fact that he purchased the insurance policy bearing No.14454880 with the term of 10 years with annual premium of Rs.25,000/-. The said policy is lying lapsed for the non payment of the premium w.e.f. June 2012 and no amount is payable as per the terms and conditions of the said policy. The complainant has voluntarily purchased the said insurance policy by submitting duly filled proposal form with a plan of 10 years with annual premium of Rs.25,000/-. The complainant is an educated person with educational qualification of Higher Secondary Class and signed the proposal form in English language. The complainant even submitted a mandate form for direct debit and signed the illustration of the benefits and most important documents after understanding the various terms and conditions of the said policy. The opposite party never told that the complainant that he is to pay the premium only once or he can get the refund anytime with interest @ 12% per annum without deduction of any charges. The complainant cannot claim any relief beyond the terms and conditions of the said policy. The first premium receipt was issued to the complainant. The cover note, terms and conditions were supplied to the complainant. The opposite party has not obtained the signatures of the complainant on any blank or printed forms or documents.

3. The parties have led their evidence in support of their respective pleadings.

4. Arguments heard. The record alongwith written submissions submitted by the parties perused.

5. Admitted facts of the parties are that the complainant purchased the insurance policy bearing No.14454880 and made the payment of Rs.25,000/- in the month of June 2011.

6. The disputed facts of the parties are that the complainant was assured by the opposite party that the premium of Rs.25,000/- is to be paid only once and he will be insured for Rs.2,50,000/-, in case he wants to get the refund of the amount, he will be given Rs.25,000/- alongwith interest @ 12% per annum and no charges shall be deducted and he can claim for the refund anytime but the complainant received the SMS for making the payment of further premiums. The opposite party has neither supplied cover note nor separate terms and conditions nor free look period option to the complainant. The opposite party has also got the signatures of the complainant on many blank printed documents. The complainant approached the opposite party for seeking the refund of Rs.25,000/- alongwith interest but it asked him to make the payment for minimum 10 years otherwise he will not be entitled to get the refund.

7. The opposite party submitted that the complainant has voluntarily purchased the said policy after submitting duly filled proposal form Ex.OP-2 wherein he signed the declaration to the effect that he has understood the contents of the proposal form and also submitted the benefit of illustration Ex.OP-1 and direct debit mandate Ex.OP-3. The said policy is lying lapsed for the non payment of the premium from June 2012 onwards and no amount is payable to the complainant as claimed by him. The complainant has concealed the facts as he has not placed on file any document except his affidavit. The complainant has also not placed on file first premium receipt or any other document.

8. A perusal of record placed on file shows that the complainant has filed only his affidavit except affidavit no other document has been placed on file by him. He has specifically submitted that on telephone he came to know about the policy number. Moreover the copy of the first premium receipt has also not been produced on file by the opposite party which is sufficient to prove the version of the complainant being true. This clearly proves that the first premium receipt has not been generated till date by the opposite party. Nothing has been placed on file by the opposite party to prove that any cover note, policy schedule, policy documents or terms & conditions or free look option/welcome letter has been sent to the complainant till date. The said policy number has also been conveyed to the complainant on telephone and the complainant has got the SMS regarding the further payment telling him that the premium has to be paid for 10 years. The opposite party has also failed to prove that said policy documents alongwith terms and conditions or free look period option/welcome letter has ever been sent to the complainant by it. When no such terms and conditions has been sent to the complainant, the agreement is void and the terms & conditions of the said policy are not binding on the complainant.

9. Therefore in view of what has been discussed above there is deficiency in service on the part of the opposite party. Hence this complaint is accepted with Rs.3000/- as cost and compensation and the opposite party is directed to refund the amount of Rs.25,000/- after deducting the proportionate premium for the period for which the complainant remained insured, medical expenses and stamp duty charges and the opposite party is also directed to give entire details to the complainant as per this order.

10. With utmost regard and humility to the authorities relied upon by the learned counsel of the opposite party, have distinguishable facts and circumstances.

11. The compliance of this order be done within 45 days from the date of receipt of the copy of this order.

12. In case of non-compliance the interest @ 9% per annum will yield on the amount payable by the opposite party to the complainant till realization.

13. A copy of this order be sent to the parties concerned free of cost and the file be consigned to the record room.

Pronounced

10-06-2013

(Vikramjit Kaur Soni)

President

(Amarjeet Paul)

Member

(Sukhwinder Kaur) Member