Consumer Complaint No.239 of 2015
Date of filing: 21.12.2015 Date of disposal: 09.12.2016
Complainant: Sri Tapas Kumar Roy, S/o. Gopeswar Roy, R/o. Balgona, near Manasa Mandir, PIN – 713 407, Burdwan.
-V E R S U S-
Opposite Party: 1. MD & CEO, K.S. Gopalkrishnan, Aegon Religare Life Insurance Co. Ltd., Registered office at: Building No. 03, Third Floor, Unit No. 1, NESCO IT PARK, Western Express Highway, Goregaon (East), Mumbai – 400 063.
2. Operation Manager, Asansol Divison, P. C. Chatterjee Plaza, 2nd Floor, Ram Bandhu Talaw, Murgasol, PO: Asansol -713 303, Burdwan, W.B.
3. Operation Manager, Kolkata Division, Plot No. D/D-30, 5th Floor, Andromeda, Sector - 1, Salt Lake, Kolkata – 700 064.
Present: Hon’ble President: Sri Asoke Kumar Mandal.
Hon’ble Member: Smt. Silpi Majumder.
Hon’ble Member: Sri Pankaj Kumar Sinha.
Appeared for the Complainant: Ld. Advocate, Krishnendu Kr. Kar & Biswanath Chakraborty.
Appeared for the Opposite Party (s): None.
J U D G E M E N T
This complaint is filed by the complainant u/S. 12 of the C.P. Act, 1986 against the Ops alleging deficiency in service and unfair trade practice.
The complainant is the holder of policy being No. 140314098523, date of commencement acknowledges as 31.3.2014 after payment of first installment premium of Rs. 2, 99,983=00. Policy term is for 17 years, premium payment term 12 years. Date of last policy premium payment is 31.3.2029. The policy sum assured is Rs. 25, 54,800=00. The policy was made by the Company, namely, AEGON RELIGARE LIFE INSURANCE vide product name AEGON RELIGARE FLEXI MONEY BACK INSURANCE PLAN (UIN138NO44VO2). After getting the policy the complainant found that his signatures upon this policy are all totally false and fabricated one, i.e., totally forged. Noticing these forged signatures, the complainant sent a demand notice to the addresses of the Op members through Advocate Mr. Krishnendu Kumar Kar of Asansol Court as regards the forged signatures as well as for return back the deposited amount as premium and Ops acknowledged the received the said Advocate notice. Unfortunately, after receiving the said Advocate notice, the Insurance Company i.e. the Ops did not bother to send any satisfactory reply nor even returned back the money together with interest as per law of the complainant’s claim, as well as, complainant’s prayer. The complainant also tried to settle the matter through one of the broker of this Insurance Company, namely, Chowdhury Rajiv vide Code No. 10017401 vide mobile No. 9051617177. Though the broker assured time to time to return back the money, ultimately it was not done. Getting no relief from the Ops, the complainant is compelled to file this instant complaint before this ld. Forum. The complainant prayed for getting back the deposited policy premium amount for Rs. 2, 99,983=00 along with 12% interest per annum. He further prayed for litigation cost of Rs. 20,000=00. Hence, the case arose.
Notices were served upon the Ops but the Ops did not appear to contest the case by filing written version within the statutory period of 45 days. Hence, the case was heard ex parte.
Decision with reasons:
Heard the argument advanced by the ld. Counsel for the complainant and perused the documents filed by the complainant. The complainant wanted to cancel the policy due to forgery of his signatures and did not want to continue this policy due to this reason. So he wanted to return back his money deposited as annualized premium. As the case was heard ex parte, so the complainant did not want any expert opinion to prove the genuineness of his signatures. Though the written version was not accepted by this ld. Forum due to expiry of stipulated period of 45 days of giving written version, it was asked by this ld. Forum to the complainant about the cause of non-settlement of his claim. The complainant stated that as he has not taken the opportunity of opposing the policy in the free-look period of 15 days from the commencement of the policy, the claim of the complainant to get back his first premium has been repudiated. Though the written version could not be taken into cognizance yet the ld. Forum went through the provision of free-look period as stated in the policy document adduced by the complainant as evidence. In that provision of free-look period it has been stated that ‘in case you are not satisfied in any of the terms and conditions of the policy, you may return the policy document along with a letter stating the reasons for disagreement within fifteen days or thirty days (if purchased through distance marketing mode) or receipt of the policy document. The policy will be cancelled and we will refund the premium paid by you after deducting a proportionate risk premium, the stamp duty paid on the policy and expenses incurred on medical examination, if any.” The ld. Counsel of the complainant stated in favour of his argument that there is a clause of Surrender Benefit as per Clause No. 2.6 where a formula has been made by the Insurance Company for calculating the Surrender Value by way of any two policy years and there is also an ‘Appendix 1’ where the method of calculating the Surrender Value has been incorporated. Hence, the complainant is entitled to get the Surrender Benefit as per the policy terms and calculations. Hence, the complainant wins the case.
Accordingly, it is
O r d e r e d
that the complaint is allowed ex parte against the Ops with cost and the Ops are directed to refund the complainant either jointly or severally the money as Surrender Benefit as per formula referred in Clause No. 2.6 and Appendix 1 of the policy document within 45 days from the date of passing of this award, in default, the Ops are liable to pay penal interest @9% per annum on the amount as Surrender Value till its realization and the Ops are further directed to pay Rs. 500=00 as litigation cost to the complainant either jointly or severally within 45 days from the date of passing of this award, failing which, the complainant is at liberty to put the entire award in execution as per provisions of law.
Let plain copies of this order be supplied to the parties free of cost as per provisions of law.
(Asoke Kumar Mandal)
Dictated and corrected by me. President
DCDRF, Burdwan
(Pankaj Kumar Sinha)
Member
DCDRF, Burdwan
(Silpi Majumder) (Pankaj Kumar Sinha)
Member Member
DCDRF, Burdwan DCDRF, Burdwan
