Delhi

East Delhi

CC/650/2016

ASHISH JAIN - Complainant(s)

Versus

MAX LIFE INS. - Opp.Party(s)

20 Sep 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 650/16

 

Shri Mukesh Jain

R/o E-633, Ground Floor

Gali No. 6, Ganesh Nagar II

2, Near Krishna Mandir

Shakarpur, New Delhi - 110 092                                  ….Complainant

 

Vs.    

 

Max Life Insurance Company Limited

Regd. Off.: Max House, 3^rd Floor

1, Dr. Jha Marg, Okhla,

New Delhi – 110 020

 

Max Life Insurance Company Limited

ADEL-06, 6^th Floor, Karkardooma

Community Center, Delhi – 110 092                                 …Opponent

 

Date of Institution: 19.12.2016

Judgement Reserved on: 20.09.2018

Judgement Passed on: 24.09.2018

 

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By: Sh. Sukhdev Singh (President)

 

JUDGEMENT

            This complaint has been filed by Shri Mukesh Jain against Max Life Insurance Company Limited (OP) under Section 12 of the Consumer Protection Act, 1986 with allegations of unfair trade practice and deficiency in service. 

2.         The facts in brief are that the complainant Mukesh Jain got two policies viz. “Max Life – Life Gain Premier” by paying a premium of          Rs. 15,464/- against policy no. 262633068 dated 18.09.2014 and             Rs. 36,082.25/- against policy no. 209158484 dated 19.09.2014  respectively.  When he received letter of dated 18.05.2015 from Max Life Insurance Company Limited (OP) where they stated that “There is a minor printing error in the table provided in Section 8.4.1 of your policy”, he was shocked.  He immediately visited the office of OP and asked that if they wanted to change Section 8.4.1, then the complainant would not be interested to continue the policy.  He was assured that they will resolve the problem, but they did nothing.  He immediately sent an email to OP clearly mentioning “refer to the letter sent by max life on 18.05.2015 related to my policy no. 262633068 and 209158484 regarding the change of benefits of the policy.  From the said letter, I am not convinced with the revised benefits.  Hence, I would request you to cancel the policy (as there is not value of money) and refund my money as soon as possible.  Please note that the cancellation should be considering the free look period and without any cancellation charges”.

            However, the complainant did not get any satisfactory reply.  The complainant asked for refund of the deposit amount, but OP did nothing.  Even they did not get signatures of the complainant at the benefit illustration table which was mandatory to legalize the policy.  The complainant visited many a times for refund of the amount, but he was not given satisfactory reply.  Thus, the complainant have stated that this act of OP has been an unfair trade practice as well as deficiency in service due to which he has suffered mental pain and agony.  Hence, he has prayed for refund of Rs. 15,464/- and Rs. 36,082.25/- making a total of Rs. 51,546.25/- with 18% interest; Rs. 30,000/- as compensation on account of mental pain and agony and Rs. 15,000/- as litigation charges.   

3.         Notice was issued to OP.  Counsel for OP appeared, but did not file the written statement inspite of opportunities and they stopped appearing.   Hence, they were proceeded ex-parte. 

4.         In support of its case, the complainant have examined himself.  He has deposed on affidavit.  He has narrated the facts which have been stated in the complaint, however, he has mentioned Rs. 50,000/- as compensation on account of mental agony & pain and Rs. 25,000/- as cost of litigation.       

5.         We have heard Ld. Counsel for the complainant and have perused the material placed on record.  From the testimony of the complainant which has gone unrebutted and the documents placed on record, it is evident that complainant was issued policy no. 262633068 and 209158484 for which he paid a premium of Rs. 15,464/- and Rs. 36,082.25/- making a total of Rs. 51,546.25/-.

            The complainant has received a corrigendum letter of 18.05.2015, where they have admitted that there was a minor printing error in the table provided in Section 8.4.1 of the policy and the correction in the table made thereof.  In response to this letter, copy of mail of dated 03.08.2015, sent by the complainant, show that he was not satisfied with the revised offers and benefits and made a request for cancellation of the policy and refund thereof. 

            From these two documents, it is evident that complainant was not interested in getting the policy on the renewed table as provided in Section 8.4.1 of the policy.  Even if there was a mistake on the part of Max Life Insurance Company Limited (OP), they cannot change the terms and conditions of the policy unilaterally. 

            By issuing a policy with error in the table as provided in Section 8.4.1 of the policy and there admission thereof, it amounts to deficiency in service on the part of Max Life Insurance Company Limited (OP).  This deficiency on the part of Max Life Insurance Company Limited (OP) have also led to the mental pain and suffering to the complainant.  When there has been deficiency on the part of Max Life Insurance Company Limited (OP), certainly, the complainant have been entitled for refund as well as compensation for mental pain and suffering. 

            Therefore, we order that Max Life Insurance Company Limited (OP) shall refund an amount of Rs. 51,546.25/- alongwith 9% interest from the date of filing the complaint and Rs. 15,000/- on account of compensation which includes the cost of litigation.    

            This order be complied within a period of 60 days from the date of order.  If not complied, the amount of Rs. 15,000/- shall also carry 9% interest from the date of order till realization. 

            Copy of the order be supplied to the parties as per rules.

            File be consigned to Record Room.

 

 

(DR. P.N. TIWARI)                                              (HARPREET KAUR CHARYA)

       Member                                                                             Member    

 

            (SUKHDEV SINGH)

                   President