DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

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                  Complaint Case No   :   96 of 2012

Date of Institution :   10.02.2012

Date of  Decision   :     7.5.2012

Avtar Singh Dhillon, Age 76 years, resident of House No.73, Sector 33-A, Chandigarh.

….…Complainant

V E R S U S

1]   HDFC Standard Life Insurance Company Limited, 13^th Floor, Lodha Excelus, Apollo Mills Compound, N.M. Joshi Road, Mahalaxmi, Maharashtra, Mumbai – 400 011 through Managing Director

2]   The Manager, HDFC Life Insurance Company Limited, SCO 119-120, Sector 43, Chandigarh.

3]   The Manager, HDFC Bank, SCO 288, Sector 32-D, Chandigarh.

.…..Opposite Parties

CORAM:   SH.P.D.GOEL                     PRESIDENT

         SH.RAJINDER SINGH GILL       MEMBER

         DR.(MRS).MADANJIT KAUR SAHOTA  MEMBER

Argued by: Ms.Sumanjit Kaur, Counsel for Complainants.

Sh.Nitin Thatai, Counsel for OP NO.1 & 2.

OP NO.3 exparte.

PER RAJINDER SINGH GILL, MEMBER

          Succinctly put, the complainant, a Senior Citizen, having saving account with OP-3 Bank, on being assured & promised by the agent of OP Insurance Company about the benefits/good returns from the insurance plan, invested a sum of Rs.1.00 lacs in the insurance plan of OP Insurance Company.  In order to facilitate the payments of further installments of said insurance plan, through saving bank account with OP-3, complainant gave application to OP-3 with request that Rs.10,000/- installment of the said plan be deducted from his saving bank account with OP-3.  It is averred that even after receipt of Rs.1.00 lacs, the OP Insurance Company did not issue him any policy document nor any steps were taken to redress his grievance.  He even requested to return his amount or to issue him FDR in lieu of the amount invested, but nothing was done by the OPs.  However, the complainant was shocked when came to know from OP-3 that the policy he had taken had lapsed, but the complainant was never informed about the reason of lapsed policy.  Immediately a complaint Ann.C-2 was lodged with OP No.2, in response to which it, vide letter Ann.C-3, dated 5.12.2011, mentioned that their customer executive would contact the complainant to resolve the matter.  In the said letter the number of the policy was mentioned as 12342237. 

          It is averred that on enquiries, the officials of OPs revealed that the policy of the complainant was sent at a wrong address and that they would rectify the mistake, but still never informed about the status of the policy.  Left with no alternative, the complainant sent a legal notice dated 25.1.2012 (Ann.C-4) to the OPs, but to no avail.  Hence, this complaint.

2]        OPs No.1 & 2 filed reply stating therein that the complainant himself approached them for purchase of an insurance policy, resultantly, Policy No.12342237, dated 12.11.2008 was issued to him with an annual premium of Rs.1.00 lacs for the period of 10 years.  It is also stated that the OPs received a letter/complaint from the complainant only on 2.12.2011 (Ann.R-2), not before that, alleging therein about non-receipt of the policy documents.  It was duly replied vide letter dated 13.12.2011 (Ann.R-3) mentioning that as the Company did not receive the concern of the complainant for non-receipt of the policy document since from past 3 years, therefore, no refund could be made at such a belated stage. More so, the complainant did not return the policy document within a period of 15 days, as provided in all policy documents delivered to the LA, by stating the reason thereof. It is also submitted that since the renewal premium was not paid by the complainant in time, resultantly, the policy was lapsed.  Rest of the allegations have been denied and it is prayed that the complaint be dismissed.

3]        Parties led evidence in support of their contentions.

4]        We have heard the ld.Counsel for the complainant and ld.Counsel for OPs NO.1 & 2and have also perused the record with utmost care and circumspection.

5]        The main contention of the complainant is that he invested a sum of Rs.1.00 lacs in the insurance plan of OP Insurance Company and the said payment was made through cheque against which receipt Ann.C-1 was issued.  It is also contended that complainant did not receive the policy document from OP and when contacted, the OPs stated that his policy had lapsed.

6]        On the other hand, the ld.Counsel for the OPs raised objection that the complaint is barred by limitation as the complaint has been filed beyond the period of 2 years from the date of cause of action, which had accrued to the complainant in Nov., 2008. He also contended that the complainant did not brought the matter to the knowledge of the OP Insurance Company about non-receipt of the policy document since Nov., 2008 till 2.12.2011 i.e. for about 3 years.

7]        We find force in the objection raised by the ld.Counsel for the OPs.  The complainant himself admitted that he paid the amount through cheque vide receipt Annexure C-1, dated 12.11.2008 and the same was duly encashed.

8]        If the complainant had not received the policy document from the OPs since 12.11.2008, he should have taken up this matter with OPs promptly and at least within one year i.e. by 2009.  But he did not do so. Thus, the cause of action to the complainant certainly accrued in Nov., 2008 and therefore, he should have filed the consumer complaint within a period of 2 years as per Section 24-A of the Consumer Protection Act.  However, the present complaint has been filed only on 10.2.2012 i.e. much after the period of 2 years.  Hence, the complaint is badly time barred, so it is not maintainable.  

9]        In view of the above discussion, we are of the view that the complaint is not maintainable being barred by limitation.  Therefore, the same is dismissed with no order as to costs.

          Certified copies of this order be sent to the parties free of charge. The file be consigned.