Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 88.
Instituted on : 14.06.2013.
Decided on : 08.04.2016.
- P.C.Juneja s/o Sh. Amar Singh.
- Usha Kumari Juneja w/o Sh.P.C.Juneja
Both residents of H.No.950, Sector-1, Rohtak.
………..Complainant.
Vs.
- HDFC Standard Life Insurance Co. Ltd. IInd Floor Lodha Excelus, Apollo Mill Compound, N.M.Joshi Marg Mahalaxmi, Mumbai-400 011.
- Mrs. Metilda Stanley, Sr. Vice President Customer Relations/Authorised Signatory, HDFC Standard Life Insurance Company Ltd., IInd Floor, Lodha Excelus, Apollo Mill Compound, N.M.Joshi Marg, Mahalaxmi, Mumbai-400 011.
- Nitesh Kumar, Corporate Agency Managaer, HDFC Standard Life IOnsurance Co. Ltd., 1/a, Ist Floor Mayur Place, Start City Mall, Mayur Vihar, Phase-1, New Delhi-110 091.
- HDFC Standard Life Insurance Co. Ltd., Ashoka Plaza, Rohtak.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.JOGINDER KUMAR JAKHAR, PRESIDENT.
MS. KOMAL KHANNA, MEMBER.
SH. VED PAL, MEMBER.
Present: Sh.Sanjay Lal, Advocate for the complainants.
Sh.N.N.Girotra, Advocate for the opposite party.
ORDER
SH. JOGINDER KUMAR JAKHAR, PRESIDENT :
1. The present complaint has been filed by the complainant with the averments that opposite parties offered an investment plan for senior citizen i.e. if an investor invests Rs.50000/- he will start getting a pension of Rs.3250/- per month after three years, for whole life. In addition to this his nominee will be insured for life for a sum of Rs.500000/- and will also be entitled to medi-claim up to Rs.100000/- during his life time and after complainants’ death his nominee will get the invested money. It is averred that the two representatives of the opposite parties namely Mr. Nitesh and Mr. Praful contacted complainants on 30.08.2012 and as the offer was good, complainant no.2 agreed to invest. So they gave them two cheques of Rs.50000/- each, signed on some paper produced by them, and completed all the formalities. It is averred that on 14.09.2014 the complainants received two policies in their letter box but they were shocked to note that the opposite parties totally changed the promised plan by defrauding the complainants with false promise of pension by forging the signatures of their sons and issued policies in the name of their sons who were not in India at the relevant time. As such during the free look period a representation was given to the opposite parties on 21.09.2012 which they duly received, with the request to cancel the policies and for refunding the amount alongwith interest and damages but the same were not refunded to the complainants. As such it is prayed that the opposite parties may kindly be directed to refund the amount of Rs.100000/- alongwith interest, compensation and litigation expenses to the complainants.
2. On notice, the opposite parties appeared and filed their written reply submitting therein that the present complaint is absolutely not maintainable as the relief for refund of policies amount as claimed by the complainants was acceded to by the opposite parties and in this regard communications had already been sent to both the sons of the complainants and the cancellation request qua both the alleged policies stood acceded vide decision/communications dated 02.11.2012. On merits, it is submitted that the opposite parties have already acceded to the cancellation request and decided to accede the request of the complainant before the filing of the present complaint. The said decision were duly communicated to the policyholders and as soon as the policy holders will fulfill the required and mandatory provisions and will complete the formalities for refund, the same will be processed at the earliest and the needful will be done. It is averred that there is no delay on the part of opposite parties. As such it is prayed that the present complaint may kindly be dismissed with costs.
3. Both the parties led evidence in support of their case.
4. Complainant in his evidence tendered affidavit Ex.PW1/A, document Ex.P1 to Ex.P6 and has closed his evidence. On the other hand, ld. Counsel for the opposite party tendered affidavit Ex.RW1/A, documents Ex.R1 to Ex.R2 and has closed his evidence.
5. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
6. In the present case it is not disputed that the complainants had availed two policies from the opposite parties and had deposited an amount of Rs.50000/- each as premium. It is also not disputed that as per documents Ex.P5 and Ex.P6, the policies were issued in the name of Mr. Anurag Juneja and Mr. Aseem Juneja i.e. sons of complaints. The contention of complainants is that they had applied for the policies in their name but the opposite parties instead of issuing the policies in their name had issued the policies in the names of their sons. As such the complainants applied for cancellation of policies during the free look period. It is also observed that opposite parties vide their letters Ex.R1 and Ex.R2 dated 02.09.2012 has acceded the request but the amount of policies have not been returned to the complainants till date.
7. After going through the file and hearing the parties it is observed that as the complainants had applied for cancellation of policy during the free-look period. Hence they are entitled for refund of the amount but the same has not been refunded to the complainants till date. As such it is observed that the opposite parties shall refund the amount of Rs.50000/- each of both the policies i.e.total Rs.100000/-(Rupees one lac only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e.14.06.2013 till its realization and shall also pay an amount of Rs.3500/-(Rupees three thousand five hundred only) as litigation expenses to the complainants within one month from the date of decision failing which the opposite parties shall be liable to pay further interest @ 12% p.a. from the date of decision. Complaint is disposed of accordingly.
8. 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:
08.04.2016.
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Joginder Kumar Jakhar, President
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Komal Khanna, Member.
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Ved Pal, Member.
