Goa

StateCommission

A/11/2014

Genevieve Rosa Marques & another - Complainant(s)

Versus

HDFC Standard Life Insurance Company Limited & others - Opp.Party(s)

Umesh Rao

13 May 2014

ORDER

Goa State Consumer Disputes Redressal Commission
Panaji-Goa
 
First Appeal No. A/11/2014
(Arisen out of Order Dated 25/11/2013 in Case No. CC/95/2013 of District North Goa)
 
1. Genevieve Rosa Marques & another
Nalanda II, Opp. Gopika Hotel, Miramar, Panaji Goa
North
Goa
2. Jose Custodio Eduardo Marques
Nalanda II, Opp Gopika Hotel, Miramar, Panaji Goa
...........Appellant(s)
Versus
1. HDFC Standard Life Insurance Company Limited & others
11th Flr, Lodha Excelus, Apollo Mills Compound, N.M. Joshi Marg, Mahalaxmi Mumbai
Maharashtra
2. HDFC Standard Life Insurance Company Limited
Ramon House, H.T. Parekh Marg, 169,Bacebay Reclamation Mumbai
3. Service Manager, HDFC Life Insurance Company Limited
G1, Ground Floor, Milroc Lar Menezes, Opp Old Passport Office, S. V. Road, Panaji
4. Prachi Kakodkar
Ground Floor, Sesa Ghor, Patto Panaji
...........Respondent(s)
 
BEFORE: 
 HONABLE MR. JUSTICE N.A.Britto PRESIDENT
 HONABLE MRS. Smt.Vidhya R. Gurav MEMBER
 
For the Appellant:
Adv. Ms. P. Naik
 
For the Respondent:
Adv. Shri. Sapeco-Respondent Nos. 1 and 2
Adv. Shri. Khandeparkar-Respondent No. 4
 
ORDER

The complaint has been filed on specious plea that the complainants were cheated by not explaining to them, by the said Ms. Prachi Kakodkar, Respondent No. 4, that deduction towards administrative charges for the first year would be 25% and second year, 20% and 15% for the third year. From where did the complainants get such an impression? We take note that the complaint has been filed with legal assistance. The policy mentions that the administrative charges would be deducted at 0.4% on original annualised premium, monthly. The complaint has been filed on the specious plea that the complainants were cheated by not explaining to them the intricacies of the policy. If that be the case, the cheating took place in January, 2010. It is not the case of the Complainant No. 1, that she came to know that she was cheated any time thereafter. The complaint therefore had necessarily to be filed within two years from January 2010 as the cause of action- of alleged cheating- took place in January 2010. No application for condonation of delay has been filed. There is nothing continuous about the alleged cause of action which took place in January 2010. Lr. District Forum cannot be faulted for dismissing the complaint at the stage of admission, as time barred.

We find there is no merit in this appeal and therefore the same is hereby dismissed.

 
 
[HONABLE MR. JUSTICE N.A.Britto]
PRESIDENT
 
[HONABLE MRS. Smt.Vidhya R. Gurav]
MEMBER

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