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

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Pawan Sahani r/o Flat No.9-D, MIG, 3^rd Floor, New Town Apartment, Gharaun, Tehsil Kharar, District SAS Nagar, Mohali (Punjab).

…..Complainant

                                V E R S U S

1.     HDFC Standard Life Insurance Co. Ltd., Ground Floor, SCO No.139-140, Sector 9-C, Madhya Marg, Chandigarh – 160017, through its Branch Manager.

2.     HDFC Bank, through its Branch Manager, Branch Office, Morinda (Punjab).

                                        ……Opposite Parties

CORAM:   SH.P.D.GOEL                            PRESIDENT

                SH.RAJINDER SINGH GILL                MEMBER

                DR.(MRS) MADANJIT KAUR SAHOTA        MEMBER

Argued by:  Sh.Deepak Aggarwal, Counsel for the complainant.

                   Sh.S.C.Thatai, Counsel for OP No.1.

                   Sh.Sandeep Suri, Adv. for OP No.2.

PER RAJINDER SINGH GILL, MEMBER

              Briefly stated, the complainant, on his transfer from Faridabad to Morinda, with an intention to get his bank account transferred from Faridabad to Morinda, singed on some blank papers/documents, at that time there was a balance of Rs.1,45,583.40 in his account. On 13.9.2011, when complainant has withdrawn a sum of Rs.10,000/- from his account through ATM, he was shocked to see the balance as Rs.35,583/-. He also came to know that his account was debited for Rs.1 lac. The matter was brought to the notice of OP-2, who assured to revert the entry of Rs.1.00 lakh, but to no avail. It is averred that after some days, his neighbours received the policy document pertaining to ‘HDFC Life”, whereupon, it transpired that OP No.2, in connivance with OP No.1, had issued the said insurance policy in favour of complainant, whereas he had never filled-up or signed any proposal for it. A written request for cancellation of the policy with request to refund the amount of Rs.1.00 lac was made to OP-1 but all in vain. Hence, this complaint.

2]           OP No.1 filed the reply pleading therein that the policy in question was issued to the complainant as per the proposal form duly filled-in & signed by him. It is denied that any blank papers were ever got signed from the complainant. The complainant being an educated person, signed the proposal form after understanding all terms & conditions of the policy. It is pleaded that the complainant after receipt of the policy, could have immediately exercised the option of returning it within free look period, but he did not do so. Rest of the allegations have been denied with a prayer to dismiss the complaint.

3]           OP No.2 also filed reply and denied that any blank papers were ever got signed by its official from the complainant. As per the instruction of the complainant, the substantial amount has been paid from his account to the OP No.1 by way of DD and no dispute in this regard was raised by him. The complainant did not make any complaint to the bank in respect of the alleged illegal transfer of funds from his saving bank account, through the issuance of demand draft in favour of OP No.1. Pleading no deficiency in service and denying all other allegations of the complainant, it is prayed that the complaint be dismissed.

4]           Parties led evidence in support of their contentions.

5]           We have heard the learned Counsel for the parties and have also perused the record. 

6]           The main contention of the complainant is that he did not fill-up & sign any proposal form for getting insurance policy in question from OP-1.  He also contended that though he signed on some blank papers before OP-2, but that was only for transfer of his account from Faridabad to Morinda. Therefore, he is entitled to refund of Rs.1.00 lacs by cancelling the policy in question.

7]           On the other hand, the ld.Counsel for OP No.1 has argued that the policy was issued to the complainant as proposed by him vide proposal form Ann.R-2.  He also contended that in case the policy was not acceptable to the complainant, he could get it cancelled by availing Free Look Period Option, but he did not do so.  Hence, the complainant is not entitled for any relief.

8]           We find merit in the contention of ld.Counsel for the OP-.  The complainant is a signatory to the proposal form (Ann.R-2), wherein, the details about his life had duly been filled-in.  The Photograph of the complainant has also been affixed on this proposal form. Moreover, the payment of Rs.1.00 lacs towards the premium of said policy has been made through DD, leaving no doubt that the complainant himself made the payment of the premium. Moreover, once the complainant is signatory to the proposal form and has also received the insurance policy, he cannot now wriggle out from the terms & conditions, once accepted.

9]           Furthermore, the complainant did not return the policy within a period of 30 days from the date of its receipt, as provided to him by OP Insurance Company vide Ann.C-2, placed on record by complainant himself.

10]         In view of the above findings, we are of the opinion that the complainant has not been able to prove any deficiency in service on the part of OPs.  The complaint is meritless. The same is accordingly dismissed with no order as to costs.

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