BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

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Dinesh Narain Misra (D.N.Misra), #671, Sector 33-B, Chandigarh.

…..Complainant

                                      V E R S U S

1.       Max New York Life Insurance Company Ltd. (MAX N Y L I Company) 11^th floor, DLF Square, Jacaranda Marg DLF, Phase-2 Gurgaon – 122002

2.       Sri Ganesh Corporate Services Ltd., General Office of Max New York Life Insurance Company Ltd., SCO 46, Manimajra, Chandigarh.

……Opposite Parties

CORAM:     SH.P.D.GOEL                                              PRESIDENT

                   DR.(MRS).MADANJIT KAUR SAHOTA      MEMBER

Argued by:    Complainant in person.

                        Sh.Rajneesh Malhotra, Counsel for OP No.1.

                        OP No.2 already exparte.

PER P.D.GOEL,PRESIDENT

1.                 Precisely put, the complainant, while accepting the request of OP’s representative, opted for two insurance policies of OP Insurance Company and paid Rs.25,000/- each as premium through two different cheques (Annexure-1) as well as filled the proposal forms. Complainant also requested to make Vijay Mishra and Anuradha Mishra as nominees.  However, the OPs did not issue and send the policy documents against the policies opted by the complainant and his wife.

                   It is averred that the OPs instead of issuing policy in the name of complainant and his wife issued the same in the name of Vijay Mishra and Anuradha Mishra. Even the signatures of Vijay Mishra and Anuradha Mishra on the proposal forms are forged one.  The matter was taken up with the OPs but, neither the premium amount with interest was refunded nor policy documents were issued.  Hence, this complaint.

2.                OP No.1 filed reply, stating therein, that the complainant has no privity of contract with replying OP as he has not signed/filled the proposal forms, so he is not a consumer.  The OP Company has not received any proposal or document from complainant. The Company had received proposal forms – Annexures R-1 and R-2 duly filled & signed by Mr.Vijay Mishra and Mrs.Anuradha Mishra along with required documents and, thereafter, the policy were issued to them.

                   It is submitted that keeping in view the request of the complainant, as goodwill gesture, the insurance policies were cancelled and the cheques of refund amount was sent to Mr.Vijay Mishra and Mrs.Anuradha Mishra. The cheques were not accepted and were returned to the Company. The policyholders have not sought cancellation of the policies within the free look period of 15 days.  It is denied that the signatures on the proposal forms have been forged, as alleged.  Denying rest of the allegations and pleading no deficiency in service, it is prayed that the complaint be dismissed.

3.                OP No.2 did not appear despite due service, hence it was proceeded against exparte vide order dated 16.11.2011.

4.                Parties led evidence in support of their contentions.

5.                We have heard the complainant in person and the learned Counsel for OP No.1 and have also perused the record.

6.                The complainant raised the arguments that while accepting the request of the representative of the OPs, he opted for two insurance policies and paid Rs.25,000/- each as premium and also filled the proposal forms. The OPs did not issue and send the policy documents against the policies opted by him and his wife. He further submitted that the OPs issued the policies in the name of Mr.Vijay Mishra and Mrs.Anuradha Mishra and even their signatures on the proposal forms were forged.  The OPs have failed to refund the premium amount with interest.

7.                The learned Counsel for OP No.1 submitted that there is no privity of contract with OP as he has not signed/filled the proposal forms.  The OP Company had received the proposal forms – Annexures R-1 and R-2 duly filled & signed by Mr.Vijay Mishra and Mrs.Anuradha Mishra along with required documents. It was lastly argued that on the request of the complainant, as goodwill gesture, the insurance policies were cancelled and the cheques of refund amount was sent to Mr.Vijay Mishra and Mrs.Anuradha Mishra but the same were not accepted by them.

8.                During the course of arguments, the learned Counsel for OP No.1 submitted that as a goodwill gesture, the OP No.1 is ready to issue the cheques of Rs.25,000/- each in the name of the complainant by way of amicable settlement. The OP No.1 in its reply had also stated that as a goodwill gesture, the insurance policies were cancelled and the cheques of Rs.25,000/- each were sent to Mr.Vijay Mishra and Mrs.Anuradha Mishra, which were not accepted by them. The complainant at the time of arguments agreed to accept the cheques of Rs.25,000/- each in his name. He further submitted that since the OP No.1 has agreed to issue the cheques of Rs.25,000/- each in his name after filing of the complaint, therefore, he is entitled for compensation and litigation costs.

9.                Since the OP No.1 is ready to refund the amount of Rs.25,000/- each, deposited with them as premium for the issuance of the policies. Thus, we do not feel the necessity to go into the further details of the matter.

10.              Admittedly, the OP No.1 had agreed to refund the amount of Rs.25,000/- each after filing of the complaint, therefore, the complainant is entitled for compensation and litigation costs, which are assessed at Rs.5,000/-.

11.              As a result of the above discussion, the complaint is partly allowed and OP No.1 is directed to refund the amount of Rs.50,000/- (Rs.25,000/- each deposited as premium) to the complainant along with compensation and litigation costs of Rs.5,000/-.

12.              This order be complied with by OP No.1 within one month from the date of receipt of its certified copy, failing which OP No.1 shall be liable to refund the awarded amount along with penal interest @ 12% p.a. from date of filing of the complaint i.e. 03.10.2011 till its realization besides Rs.5000/- as compensation and litigation costs.

13.              Certified copies of this order be sent to the parties free of charge. The file be consigned.