Delhi

East Delhi

CC/135/2017

MANJEET - Complainant(s)

Versus

HDFC STANDERD LIFE INS. - Opp.Party(s)

21 Feb 2019

ORDER

                DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT of Delhi

                  CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092  

 

                                                                                                   Consumer complaint no.       135/2017

                                                                                                   Date of Institution               18/04/2017

                                                                                                   Order reserved on               10/05/2019        

                                                                                                   Date of Order                       17/05/2019                                                                                

In matter of

Mr Manjeet s/o Satya Narayan

R/o- Plot no. 21, KH-44,

Gautam Colony Chawala Extn.,

Kangan Heri, New Delhi 110071 ………….…………….…………….Complainant

                                                                    Vs

1- The Branch Manager

HDFC Life Insurance Ltd.  

Regd. Office- 1^st Floor, 1/A Mayur Palace

Star City Mall, Mayur Vihar Phase 1

Nr Mayur Vihar Metro Station, New Delhi 110091

 

2- The Manager

HDFC Life Insurance Ltd.  

Plot no. 32-33, HUDA Market, Nr 32 Miles Stone

Sec 15 Gurgaon Haryana 122001……..………….…………..…………Opponents  

 

Complainant’s Advocate                 Mr Arun Kumar Sharma

Opponent’s Advocate                      Mr Rajiv Aneja

 

Quorum    Sh Sukhdev Singh          President

                   Dr P N Tiwari                  Member

                   Mrs Harpreet Kaur        Member

                 

Order by Dr P N Tiwari, Member-

Brief -This complainant has been filed u/s 12 of the Consumer Protection Act, 1986 against OP for alleged deficiency in services for refunding first premium paid by the complainant.  

Facts of the case –

Complainant purchased online HDFC Life Classic Assure Plus Insurance policy through M/s SB Insurance Broker Pvt. Ltd. after paying premium amount Rs 30,000/-to OP1 through cheque on 16/02/2016 and policy was issued on 23/02/2016 (Ex CW1/1, 2& 2A). The said policy documents were received on 27/02/2016 vide policy no. 18224415 where complainant was insured for a sum of Rs 2,23,571/ along with policy terms and conditions (Ex CW1/3). It was stated by complainant that after reading policy wording and policy terms and conditions, informed OP for cancellation of his policy well within Free Look Period of 30 days as policy was purchased online mode which gives option to cancel policy within 30 days. Complainant sent letter and met personally to OP1 and apprised for 30 days option in online purchase, but OP1 refused to accept the letter and told that Free Look Option was 15 day (ExCW1/3A).

 

It was stated that complainant also got information from IRDA about option for cancellation was 30 days in case online purchase (Ex CW1/5). Even in terms and condition, it was stated 30 days. Complainant did number of calls to OP and sent several emails to OP1 & 2 (ExCW1/4 colley), but did not get any response, so sent legal notice on 21/02/2017 (ExCW1/6) which was replied by OP stating reasons for declining to refund premium amount as request of complainant was received beyond 15 days after receiving policy documents. Thereafter complainant claimed for refund of premium paid Rs 30,000/- with 9% interest and 40 % compensation to premium amount with litigation charges Rs 4000/-.  

 

OP2 submitted joint written statement for OP1 denying all the allegations of the complainant as wrong and incorrect. It was submitted that complainant applied for refund of first premium of Rs 28,949/-after lapse of Free Look Option period for cancellation of policy, whereas complainant sent request after 15 days from receiving of policy documents through reputed courier on 27/02/2016. Also complainant did not pay premium till Feb 2017. OP denied for online purchase of policy as there was no evidence on record. In all usual policies, free look period option was 15 days. OP also submitted copy of policy proposal form (Ex OPW1/2) with policy cancellation letter dated 22/03/2016) and copy of policy terms and conditions (Ex OPW1/3) specifying Free Look Period option (on page 34 of WS) with reply of legal notice sent by complainant. Hence it was stated that there was no deficiency in services by OP and compliant may be dismissed.  

Complainant submitted rejoinder to written statement of OP2 and denied all the replies submitted. It was stated that the premium amount cheque was accepted and policy documents were received, but after reading policy wordings cancellation of policy was given well in Free Look Period of 30 days as per OPs policy terms and conditions and reply received from IRDA which were on record.  Complainant also submitted evidences through his own affidavit where he submitted that relying policy terms and conditions and supported by IRDA reply, cancellation of policy was done well under free look option of 30 days as policy was purchased online through Insurance broker.   

 

OP submitted evidence on affidavit through their Associate Legal Manager Mr. Ankush Saini, working with OP2, submitted a Letter of Authority (Ex OP2W1/1A) and a copy of policy proposal form (Ex OP2W1/2 (Colly) and refusal to refund first premium was justified. It was also stated that the said policy had maturity date 12/02/2031 and premium had to be paid up to 12/02/2025 with annual premium Rs 28,949/, but complainant did not pay his yearly premium and applied for refund of first premium after lapse of free look period.  Thus there was no deficiency on the part of OP and so prayed for dismissal of complaint.

 

Arguments were heard from both the counsels and after perusal of file, order was reserved.

 

We have also gone through the detail facts and evidences of complainant and OP, it was clearly evident that complainant had given written note to OP for cancellation of policy within free look period of 30 days as it was granted in online purchase. The refusal to refund by OP was unjustified taking reference from policy terms and conditions and reply note from IRDA.

Thus, we are of the opinion that complainant had applied well within the cancellation of policy option and op did not conceder its own terms & conditions in reference to online mode.  So we order OP2 to refund first premium amount Rs 28,949/-with 9% interest per annum from the date of refusal to refund within 30 days of receiving of this order. We also award compensation Rs 5000/-for harassment caused with Rs 2000/- as litigation charges in stipulated time to be paid by OP1. If awarded amount is not paid in time essence same interest shall be applicable on entire awarded amount till realized.  

First free copy of this order be sent to the parties as per the Regulation 18 (6) of the Consumer Protection Act (in short the CPR) and file be consigned to Record Room under Regulation 20 (1) of the Act.

 

(Dr) P N Tiwari   Member                                                                        Mrs Harpreetr Kaur Member                                                                

 

                                                         Sukhdev Singh - President