DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

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Bhupinder Kumar, H.No.2375, Sector 40-C, Chandigarh

…..Complainant

                                V E R S U S

1.     Max New York Life Insurance Co. Ltd., Sector 8, Chandigarh, through its Branch Manager.

2.     Max New York Life Insurance Company Ltd., 11th Floor, DLF Square, Jacaranda Marg, DLF Phase-II, Gurgaon-122002, through its Managing Director.

……Opposite Parties

CORAM:     SH.RAJINDER SINGH GILL                       PRESIDING MEMBER

                 DR.(MRS) MADANJIT KAUR SAHOTA MEMBER 

Argued by:        Sh.H.P.S.Kochhar, Counsel for complainant.

Sh.Rajneesh Malhotra, Counsel for OPs.

PER RAJINDER SINGH GILL,PRESIDING MEMBER

1.             Briefly stated, the facts of the case are that the complainant, being convinced with the assurances of an agent of OP Company, opted to purchase insurance policies and, as such, made payment of Rs.1,20,000/- as premium from 2.2.2009 to 16.6.2011. But he was shocked to receive the policies, qua which, the total premium amount was Rs.1,18,112.93 only and more so, the premium of the policies were bifurcated. He was further shocked to see the policies received from time to time that most of the proposal forms for said policies were never signed by the complainant. It is averred that on receiving first four policies by post on 29.11.2010, the complainant immediately made written complaint to the OPs on 29.11.2010 and also made a request to the OPs to cancel the four policies bearing Nos.398448548, 398481705, 761837863 and 816803779, but the OPs did not cancel the same on the ground that the request was made after expiry of free look period. Hence, this complaint.

2.             OPs No.1 & 2 filed joint reply, wherein, it has been pleaded that the insurance policies were issued as per the proposal forms submitted by the complainant. Moreover, when the policies were issued no written or oral complaint was received from him. It has been further pleaded that the complainant was asked to provide the Bank signatures but he refused to do so. The certified copy of the complaint, for matching of the signatures, were obtained by Company’s Counsel and sent it to the competent authority. It has been further pleaded that all the insurance policies of the complainant were cancelled and the complete amount of each individual insurance policy was refunded to the complainant, which was accepted by him. Denying all the material allegations of the complainant and pleading that there has been no deficiency in service on their part and prayer for dismissal of the complaint with costs has been made.  

3.             Parties led evidence in support of their contentions.

4.             We have heard the learned Counsel for the parties and have also perused the record. 

5.             Admittedly, the policies issued in favour of the complainant by the OPs, from time to time, for which, the complainant later on sought cancellation, had already been cancelled by the OPs and the payments thereof had also been made to him.  Now, the sole question to be determined in this case is as to whether the complainant is entitled for compensation for mental agony and harassment, besides costs of litigation, as the claim of the complainant was settled only after the filing of the complaint. We find force in this contention of the complainant because the OPs have unnecessarily dragged the complainant into uncalled litigation. If the claim of the complainant was settled prior to filing of the complainant then he has not approached this Forum for redressal of his grievances. Hence, he is entitled for compensation on account of mental agony & harassment as well as costs of litigation.      

6.             As a result of the above discussion, the complaint is allowed and OPs are directed to pay a sum of Rs.10,000/- to the complainant as compensation for mental agony and harassment and Rs.5,000/- as costs of litigation, within one month, failing which, OPs are liable to pay interest @ 12% p.a. on the awarded amount, from the date of filing of the complaint till its realization, besides Rs.5,000/- as costs of litigation.

7.             The certified copies of this order be sent to the parties free of charge. The file be consigned.