Punjab

Rupnagar

RBT/CC/18/176

Sudarshan Kumar - Complainant(s)

Versus

Insurance regulatory & Development Authority - Opp.Party(s)

Ravinder Sharma adv.

30 Nov 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION CAMP COURT AT LUDHIANA

 

Received by way of transfer Consumer Complaint No.176 of 2018

                                               Date of institution:14.03.2018

                                               Date of Decision:30.11.2022

 

 

Sudarshan Kumar, aged about 67 years son of Sh. Gujjar Mal Jain resident of 1202/1, Thakur Dwara Road, Saban Bazar, Ludhiana  

…….Complainant

Versus

 

1. The Chairman, Insurance Regulatory and Development Auth Parishram Bhawan, 3^rd Floor, Bashir Bagh, Hyderabad  
2. The Chairman/Managing Director, HDFC Standard Life Insurance Company, Limited, Lodha Excelus, 13^th Floor, Apollo Mills Compound, NM Joshi Marg, Mahalaxmi Mumbai
3. The Branch Manager, HDFC Standard Life Insurance Company Limited, 3^rd and 4^th Floor, SCO 41, Feroze Gandhi Market, Above Tanishq Showroom, Ludhiana
4. The Chairman/Managing Director HDFC Bank Limited, 1^st Floor, CS No. 6/242, Senapati Bapat Marg, Lower Parel, Mumbai
5. Ms. Neha Arora, Cashier, HDFC Bank Limited, Feroze Gandhi Market, Ludhiana
6. Sh. Hemant, Manager HDFC Standard Life Insurance Company Limited 3^rd and 4^th Floor, SCO 41, Feroze Gandhi Market, above Tanishq Showroom, Ludhiana    

                                                             ……..Opposite Parties

 QUORUM:   

   HON’BLE MR. RANJIT SINGH, PRESIDENT.

                   HON’BLE MRS. RANVIR KAUR, MEMBER

 

PRESENT:

      

Sh. Ravinder Sharma, Adv. for complainant

Sh. Rahul Rajput, Adv. for OPs No.2 & 3

Complaint not admitted against OP1 and OP4 to OP7

              
 

ORDER

RANVIR KAUR, MEMBER

 

1. The present order of ours will dispose of the above complaint filed under Consumer Protection Act, by the complainant against the Opposite Parties on the ground that the complainant is having Savings Account in the HDFC Bank, Feroze Gandhi Market Branch, Ludhiana and one Ms. Neha Arora is working as Cashier in the said Branch. As the complainant used to visit the said branch frequently as he is working as Stock Broker and is having office in the building of Ludhiana Stock Exchange which is just opposite to the bank. Earlier, the bank was situated in the building of Ludhiana Stock Exchange. Due to the frequent visits, the complainant was known to said Ms. Neha Arora, insisted the complainant to buy the Life Insurance Policy of HDFC Insurance Company on the pretext that she is short her target of selling the insurance policy is short and she will be highly obliged if the complainant buy one policy of the said company through her and she told him that this will also give her opportunity for promotion in the bank. When Ms. Neha Arora repeatedly requests to the complainant, he agreed to buy one insurance policy for her grand daughter. Thereafter,  she called upon Mr. Hemant to send some executive of the company to meet the complainant regarding the selling of insurance policy. One gentleman namely Gaurav came to the office of the complainant pertaining to be the executive of the HDFC Life Insurance Company and asked the complainant that the premium of Rs.30,000/- is to be paid for the insurance policy and he also got signed one paper, but the complainant does not know what was that and that person told him that he will get the demand draft prepared from the HDFC Bank from Ms. Neha Arora for the payment of Rs.30,000/- and he promised that he will come back to get the insurance application form signed from the complainant. After about 15-20 days, Gaurav came and asked the complainant for payment of another Rs.2000/-. The complainant issued him a cheque of Rs.2000/- but reluctantly as Mr. Gaurav failed to explain that after about 15-20 days for what purpose this payment of Rs.2000/- is required. He told him that Ms. Neha Arora can tell the complainant about the same. After that the complainant got suspicious and apprehending some foul play, he changed his mind and decided not to buy the HDFC Life Insurance Policy and conveyed this message to Ms. Neha Arora Cashier in the HDFC Bank and requested her to cancel the demand draft of Rs.30,000/- and not to clear the cheque of Rs.2000/- and she assured him that the said demand draft would be cancelled and refunded in the account of the complainant maintained in HDFC Bank and cheque of Rs.2000/- will not be presented. The complainant was astonished to receive a letter dated 26.3.2017 on 30.3.2017 from the HDFC Life Insurance Company in which the complainant was asked to submit certain document and it was stated in the letter that the company has been unable to process and accept his policy application as it need the following information:-

1. CCD MID is not submitted

2. CCD ECS/SI-SI/ECS not submitted required ECS/SI mandate

3. CCD NEFT NEFT mandate required,

It is further stated that again the complainant called upon Ms. Neha Arora of HDFC Bank Limited and told her that he has received the said letter, but he did not get any satisfactory reply. After that the complainant was further astonished to receive the HDFC Life Insurance Policy dated 29.3.2017 in the first week of April, 2017 bearing forged signatures of the complainant as the complainant never entered into any such contract and never signed any such document. The signatures of the complainant were forged and in this policy document one Xerox copy of cheque favouring HDFC Life for Rs.1,00,000/- dated 10.3.2017 issued by some Ravi Aggarwal was also enclosed. It is clear cut case of forgery and fabrication of a document which has been done by Mr. Gaurav the Executive of HDFC Life Insurance Company and Mr. Hemant Kumar, Manager of the same company and Ms. Neha Arora working as Cashier in the HDFC Bank is also involved in this forgery and fabrication and all this done with the connivance of the other higher officials of the HDFC Bank and the officials of the HDFC Life Insurance Company. After receiving the said forged and fabricated policy document in the second week of April 2017, the complainant immediately approached Ms. Neha Arora in the bank and explained everything to her and he asked her that once the complainant had made the request for non issuance of the policy then how this policy was issued and officials of the OPs promised with him that this policy document would be cancelled within one month and Rs.32,000/- would be refunded back in the bank account of the complainant but after one month nothing happened and the complainant again approached with the bank and requested for refund the above said amount but again promised by the officials of the bank that the amount will be refunded very soon but all in vain.Thus, alleging deficiency in service on the part of the OPs. Therefore, the complainant prayed for the following reliefs against the OPs:-

1. To refund Rs.32,000/- along with interest @ 24% per annum

2. To pay Rs.1,00,000/- as compensation on account of mental tension, harassment.

3. To pay Rs.25,000/- as litigation expenses.

 

2. Upon notice, the OPs No.2 & 3 have filed written reply taking preliminary objections; that the complaint is not maintainable; that this Commission has no jurisdiction to entertain and decide the present complaint; that the complainant has not come to this Hon’ble Commission with clean hands and suppressed the material facts from this Hon’ble Commission; that no cause of action ever accrued to the complainant to file the present complaint; that there is no deficiency in service on the part of answering OPs. On merits, it is stated that the complainant himself has stated at page No.5 of the complaint that his signatures were forged and in the policy document, one Xerox copy of cheque favouring HDFC Life for Rs.1,00,000/- dated 10.3.2017 issued by some Ravi Aggarwal was also enclosed. The complainant has further stated at page No.5 that it is clear cut case of forgery and fabrication of a document. Further the complainant has sought direction to take action against the OP1 for mis-selling and forging of the policy. As per the provisions of the Consumer Protection Act, this Hon’ble Commission is not competent to deal with any matter which as per version of the complainant relates to forgery and fabrication of a document. Thus, alleging no deficiency in service on the part of the answering OPs and prayed for dismissal the complaint. 
3. In support of the complaint, the complainant has tendered various documents. On the other hand, the OPs has also tendered documents in support of their evidence.
4. We have heard the learned counsel for the complainant and have gone through the record of the file, carefully.
5. Briefly the assertions of the complainant that he has paid the premium amount of Rs.32,000/- for policy No.19175407 under plan HDFC Life Sanchay which is undisputed. Complainant has further asserted that he has also informed regarding the cancellation of the policy during the free look period of the policy. Further the OPS has also admitted the factum of premium initial amount paid by the complainant, however, OP has vaguely tried to justify their repudiation denial of the claim of the complainant on technical grounds.
6. In the totality of the circumstances and on the principle of equity and justice, the complaint stands allowed and the OP (HDFC Life Insurance Company) is liable to refund/return the amount of Rs.32,000/- paid by the complainant. The Company is also liable to pay Rs.7000/- as litigation expenses within a 30 days from the date of receipt of certified copy of this order. Free certified copies of this order be sent to the parties, as per rules. The file be sent back to the District Consumer Commission, Ludhiana, for consigning the same to the Record Room.
7.  

November 30, 2022

(Ranjit Singh)

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(Ranvir Kaur)

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