Delhi

North East

CC/261/2024

MOHD. MANSOOR - Complainant(s)

Versus

MAX LIFE INSURANCE CO. LTD. - Opp.Party(s)

15 May 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 261/24

 

In the matter of:

 

	Mohd. Mansoor S/o Lt. Abdul Rehman R/o B 11/74, St. No. 6, Kabir Nagar, Shahdara, Delhi-110094	Complainant
	Versus
	Max Life Insurance Co. Ltd. Plot No. 90C, Sector 18, Udyog Vihar, Gurugram, Haryana 122015	Opposite Party

 

 

 

ORDER

Anil Kumar Bamba, Member

 

1. The Complainant has filed the present complaint under Section 35 of the Consumer protection Act, 2019 against the Opposite Party i.e. Max Life Insurance Co. Ltd.
2. The case of the Complainantis that Complainant is having policy vide policy no. 500008354 named “Max Life Monthly Income Advantage Plan -104N091V02 issued by Opposite Party through agent Virender Kumar and commenced on 09.07.2018. At the time of issuance of policy agent of Opposite Party gave various assurances and allured Complainant by stating that tenure of policy is of 5 years and thereafter policy would be mature and also assured that Complainant can revoke/ cancel the said policy at any stage and assured that providing of refund of premium is available. The Complainant had paid regularly premium from 09.07.2018 to 09.07.2020 but due to covid 19 Complainant was unable to pay premium09.07.2020 onwards. The “Premium Paid Certificate” was generated by Opposite Party dated 30.04.2019.Then Complainant came to know that the tenure of above mentioned policy was not of 5 years rather it is of 22 years and date of maturity of the same would be on 09.07.2040, which was a shocking news hereby Complainant came to know that an act of fraud has been played by the Opposite Party company.  Thereafter Complainant sent legal notice to Opposite Party dated 12.12.2023 for cancellation of insurance policy and for refund of premium and Opposite Partycompany in reply dated 25.01.2024denied to cancel the said policy and refused to refund the said amount.
3. The Hon’ble Supreme Court of India in the case of The Branch Manager, Indigo Airlines, Kolkata and Another vs. Kalpana Rani Debbarma and Others (2020) 9SCC 424) held that the initial onus or burden to justify, verify and authenticate the fact that there is a deficiency of service committed by a party is on the Complainant.
4. In the present case, as per welcome letter dated 19.07.2018 issued by the Opposite Party and submitted by the Complainant the term of the policy is for 12 years and policy maturity dated is 09.07.2040. It is also not alleged by the Complainant that policy document was not provided to him at the time of issuance of policy.
5. In view of the above Complainant failed to prove any deficiency on the part of Opposite Party. Therefore, the complaint is dismissed.
6. Order announced on 15.05.2024.

Copy of this order be given to the Complainant free of cost.

File be consigned to Record Room.

 

(Anil Kumar Bamba)          Member

(Adarsh Nain)      Member

(Surinder Kumar Sharma)              President