Delhi

East Delhi

CC/114/2015

GOVIND - Complainant(s)

Versus

M.D AEFOH - Opp.Party(s)

30 Jul 2018

ORDER

               DISTRICT CONSUMER DISPUTE REDRESSAL FORUM EAST Govt of NCT Delhi

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

 

                                                                                                   Consumer complaint no.        114/2015

                                                                                                   Date of Institution                20/02/2015

                                                                                                   Order reserved on                30/07/2018                                                                                                   

                                                                                                   Date of Order                        03/08/2018

                                                                                     

In matter of

Mr. Govind Singh, adult   

S/o- Sh Rajbir Singh

R/o  18/148 Kalyan Puri  

Delhi 110092……………..……….…….…………………………..…………….Complainant                                                                   

                                                                                

                                                                                           Vs

The Manager

Aegon Religare Life Insurance Ltd.Co. 

S- 109, 2^nd Floor, V3S East Centre

Laxmi Nagar, Delhi 92..……………………………………………………………Opponent

 

 

Quorum                                 Sh Sukhdev  Singh        President

                                                 Dr P N Tiwari                 Member

                                                 Ms Harpreet Kaur         Member

 

Order by Dr P N Tiwari, Member

 

Brief Facts of the case

Complainant, Govind Singh, aged 25 years purchased Aegon Religare Life Insurance Co. / OP after paying single one time premium through cheque no. 977649 for Rs 3 Lacs with assurance from OP agent that he would get a Samsung Laptop of Rs 35,000/-.

It was stated that complainant received seven policies with terms and conditions on 28/09/2011 and 05/10/2011 instead of one (Ex CW1/1 to CW1/7 & CW1/1A). It was stated that complainant had signed one policy proposal form and had put his signatures where terms and conditions were clearly mentioned as 18% assured return with 15 days Free Look Period option. When he did not get assured gift as Laptop, he immediately contacted OP and surrendered all the seven policies vide policy no. as 110913259586, 110913259600, 110913259626, 110913259639, 110913259747, 110913265714 and  1109132595729 on 14/10/2011 to the agent of OP who received all policies in original (Ex CW1/80.

It was stated that OP sent a letter on 20/08/2013 giving reference of five policies and complaint was registered on 29/07/2013 (Ex CW1/9). Even after sending legal notice to OP (Ex CW1/10) for refund of premium amount, no reply was received. Hence, filed this complaint and claimed refund of policy amount a sum of Rs 3 Lakh with 18% and compensation Rs two lakh for physical and mental harassment with litigation charges Rs 50,000/-.

OP submitted their written statement through authorised representative appointed by Board Resolution (Ex OPW1/1) who denied all the facts and allegations in the complaint. It was stated that the complaint be dismissed at the initial stage as complainant had received all the seven policies through reputed courier (Ex OPW1/2). It was also stated that complainant had applied for refund of premium amount through his letter (Ex OPW1/3) and OP had timely replied accordingly by letter dated 20/08/2013 (Ex OPW1/4). It was clearly stated that complainant did not opt the benefit of “Free Look Period” of 15 days provided by OP as per IRDA guidelines and wanted refund after the lapse of free look period after nearly two years, so as per the conditions of the policies he would not get the refund, but could continue as per the policy schedule and could avail all the benefits. OP also took the excuse to refund the premium on the basis of filling entire policy proposal form and put his signatures on “Declaration Form”.  OP also submitted letter dated 28/03/2014 where refund was accepted for all the seven policies and complainant was asked to submit required refund documents for premium amount (Ex OPW1/5).

OP also submitted citations (Ex OPW1/5A to 5D) annexed as Ann. OP 4 to 8 where free look option was not availed during the time stated in the policies. Hence, complainant had understood all the benefits and future liability of all the said seven policies though it was admitted that complainant had submitted an application along with all the seven policies for refund under Free look period through their agent and had forged stamp of OP. Hence, OP prayed for dismissal of complaint.   

 

Complainant filed his rejoinder to written statement filed by OP and denied all the allegations of OP. It was stated that OP had initially denied for refund of all policy amounts, but OP refunded six policy amounts with interest as under (Ex OPW1/7)–

1. Policy no. 110913259586-refunded Rs 24,074.94/- against Rs 20,000/-on 29/09/2016
2. Policy no. 110913265729-refunded Rs 1,36,975.49/- against Rs 100,000/-on 07/10/2016
3. Policy no. 110913265714-refunded Rs 1,29,229.29/- against Rs 100000/-on 07/10/2016
4. Policy no. 110913259639-refunded Rs 24,411.16/- against Rs 20,000/-on 29/09/2016
5. Policy no. 110913259626-refunded Rs 25,0.85/- against Rs 20,000/-on 29/09/2016
6. Policy no. 110913259600-refunded Rs 24,252.72/- against Rs 20,000/-on 13/10/2016
7. Policy no. 110913259747- not refunded against Rs 20,000/-.

 

 

It was stated that not refunding of seventh policy amounts deficiency in OP services. Complainant submitted evidences through his own affidavit and reaffirmed on oath that all his facts and evidences were correct and true.

OP through Mr Jitin Parekh, authorized representative, submitted evidence through affidavit and deposed on oath that facts and content of their written statement were correct and true. The premium amount Rs 25011.85/-was refunded through cheque no. 182224 (Ex OPW1/6) on dated 30/06/2016 for cancelled policy no. 110913259747 was refunded as per terms of the policy. OP had also submitted their written arguments which were on record. Complainant had also submitted written arguments which were on record.

Heard arguments from both party’s Ld. Counsels and after perusal of file, order was served.

After analyzing all the facts and evidences of both the parties, we have also observed that OP had cancelled one policy vide no. 110913259747 whose premium amount Rs 25011.85/-was refunded on 30/06/2016 (Ex OPW1/6) and the same was en-cashed by the complainant. Later OP refunded policy values of six policies on dated 17/08/2017 (Ex OPW1/7). OP had submitted in their WS that complainant had signed one policy proposal form then how other policies were issued. The premium amount Rs 3 Lacs were divided by OP of their own and issued seven policies on different dates. OP after receiving all seven original policies under Free Look Period (14/10/2011) and terminated one policy no. 110913259626 and refunded premium amount after almost six years ie on 30/06/2016, but complainant had not put any protest. Meaning thereby complainant was satisfied with the refunded amount. As far as amount received for six other policies with interest from 29/09/2016 to 13/10/2016, OP had paid during the pendency of this complaint with interest during pendency of this complaint..

 

Hence, we have observed that OP refunded six policy value amounts and terminated one policy during the pendency of this complaint before this Forum whereas OP had received all the policies within Free Look Period. Certainly complainant deserves compensation from OP for their deficiency in services. 

 

Taking merits of case, facts and evidences on record, we pass the following order as under—

a)-OP is directed to refund the premium amount of seventh policy bearing no. 110913259747 a sum of Rs 17,789/ with 6 % interest from 14/10/2011 within 30 days from the receiving of this order. 

 

 

b)-We also award compensation of Rs 10,000/- for physical and mental harassment to the complainant. This will include litigation charges also.    

c)-If order is not complied in the time essence, entire awarded amount shall carry same interest as above till realized. 

 

The order copy be sent to the parties as per Sec. 18(6) of the Consumer Protection regulations , 2005, (in short the CPR) and file be consigned to the Record Room under Sec 20(1) of the CPR.

 

 

 

(Dr) P N Tiwari  Member                                                                                             Ms Harpreet Kaur, Member                        

 

 

                                                                       Shri  Sukhdev Singh  President