Before the District Consumer Disputes Redressal Commission, Rohtak.

                                                          Complaint No. : 215

                                                          Instituted on     : 02.05.2019

                                                          Decided on       : 15.10.2024.

Dharmender age 41 years,  son of RadheyShyam, resident of village Makrauli Kalan District Rohtak.

                                                                             ………..Complainant.

                                      Vs.

HDFC Standard Life Insurance Company Limited Office at near Ashoka Plaza, Delhi Road, Rohtak through its Branch Manager.

                                                                             …….Opposite party.

          COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986

BEFORE:  SH.NAGENDER SINGH KADIAN, PRESIDENT.

                   DR. TRIPTI PANNU, MEMBER.

Present:       Sh.RameshBeniwal, Advocate for the complainant. 

                   Sh.Sandeep Raj Advocate for the opposite party.

                                                ORDER

NAGENDER SINGH KADIAN PRESIDENT:

1.                Brief facts of the case, as per the complainant are that complainant had availed an insurance policy under the name HDFC SL Youngster Champion Suuvidha bearing policy no.13582059 dated 01.04.2010,  for sum assured Rs.125000/- with maturity date 31.03.2016(wrongly mentioned as the date of maturity was 2026). Complainant had applied for pre-mature withdrawal of the aforesaid policy with the respondent and officials of respondent  told that Rs.197000/- can be withdrawn against the said policy in the event of surrender of policy. Accordingly the complainant surrendered the said policy and officials of respondent made the payment of only Rs.100000/- in the account of complainant and promised to make further payment of remaining amount Rs.97000/- within one or two days. But despite repeated requests of the complainant, the amount of Rs.97000/- has not been paid to the complainant. Hence this complaint and it is prayed that opposite party may kindly be directed to pay the amount of Rs.97000/- alongwith interest @ 18% p.a.  and also to pay Rs.50000/- as compensation on account of deficiency in service and harassment suffered by the complainant alongwith Rs.11000/- as litigation expenses to the complainant.

2.                After registration of complaint, notice was issued to the opposite party. Opposite party appeared and filed its written reply submitting therein that in the present complaint, complainant has himself surrendered the policy on 07.01.2019 & as per the said surrender request, the amount of surrender value in the said policy, which was Rs.97150.87/- was transferred in the saving account of the complainant through NEFT & intimation to the said effect was also sent to the complainant vide letter dated 14.01.2019.  It is further submitted that whatever the surrender value of the policy in question on 07.01.2019 was credited in the saving account of the complainant. In the present complaint, the complainant had the option to return the policy, if he was not satisfied with the terms & conditions of the policy within the statutory period of 15/30 days called ‘free look-in period” as provided by the opposite party as per guidelines of IRDA, the insurance regulatory body.  There is no deficiency in service on the part of opposite party and dismissal of complaint has been sought.

3.                Ld. Counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C12 and closed his evidence on 14.01.2021. On the other hand, opposite party failed to produce its evidence despite availing sufficient opportunities and as such evidence of  opposite party was closed vide order dated 17.11.2021 of this Commission.

4.                We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.

5.                We have perused the documents placed on record by both the parties.As per the complaint and affidavit filed by the complainant he has submitted that the commencement of policy was 01.04.2010 and maturity date was 31.03.2016. In fact, wrong facts have been mentioned by the complainant in his complaint and affidavit. As per the proposal form Ex.C4, the term of policy was 16 years. The complainant has not pleaded anywhere that how much instalments he has paid to the opposite party. Complainant has also not pleaded anywhere in his pleadings that on which date the surrender value of the policy comes to Rs.197000/-. This important fact is not mentioned either in the complaint or in the affidavit and documents attached with the complaint. On the other hand insurance company filed written statement and perusal of the written statement itself shows that complainant himself surrendered the policy on 07.01.2019 and on that date the surrender value of the policy was Rs.97150.87P. The said amount has been transferred in the account of complainant through NEFT and an intimation was also sent to the complainant vide letter dated 14.01.2019.   The complainant failed to place on record any document that surrender value of the policy was Rs.197000/- on dated 07.01.2019. As the surrender value of policy has already been paid by the opposite party. Hence there is no deficiency in service on the part of opposite party and as such present complaint stands dismissed with no order as to costs. 

7.                Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.

Announced in open court:

15.10.2024.

                                                          ........................................................

                                                          Nagender Singh Kadian, President

                                                          ..........................................

                                                          TriptiPannu, Member.