Chandigarh

DF-I

CC/681/2017

Dr. Paras Ram Chauhan - Complainant(s)

Versus

M/s Bharti Axa Life Insurance Co. Ltd., - Opp.Party(s)

Sahil Khunger Adv.

01 Nov 2019

ORDER

 DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

 

                                     

Consumer Complaint No.	:	CC/681/2017
Date of Institution	:	29/09/2017
Date of Decision	:	01/11/2019

 

Dr. Paras Ram Chauhan r/o H.No.92/10, Handeti Purana Bazar, Sunder Nagar, Mandi (H.P).

… Complainant

V E R S U S

1. M/s Bharti Axa Life Insurance Co. Ltd., Unit 601 & 602, 6^th Floor, Floor Raheja Titanium, Off. Western Express Highway, Goregaon (E), Mumbai through its M.D/Authorised representative.
2. Mr. Tinku Puniyani, Associate Manager- Distributor and Branch Operations, Bharti Axa Life Insurance Co. Ltd., SCO 208-09, 2^nd Floor, Sector 34-A, Chandigarh.

… Opposite Parties

3. HDFC Bank Ltd., Bank House, 28, Industrial Area, Phase-I, Chandigarh, through its M.D/Authorised representative.

… Proforma Opposite Party

CORAM :	SHRI RATTAN SINGH THAKUR	PRESIDENT
	MRS. SURJEET KAUR	MEMBER
	SHRI SURESH KUMAR SARDANA	MEMBER

 

                                                                    

ARGUED BY	:	Sh. Sahil Khunger, Counsel for complainant
	:	Sh. Gaurav Bhardwaj, Counsel for OPs 1 & 2
	:	OP-3 ex-parte.

Per Rattan Singh Thakur, President

1.         The long and short of the allegations are, complainant in the year 2011 had obtained a life insurance policy from OPs 1 & 2 on payment of yearly premium.  His case is, on 25.2.2014, he had paid premium using his credit card (of OP-3/bank) by IVR and the payment was confirmed at the same time.  However, the employees of OPs 1 & 2 declined to issue the receipt and later on, denied any such amount was transferred in their account. Subsequent thereto, various emails/correspondence were exchanged but OPs 1 & 2 had not issued the receipt and denied to have received the payment of the premium of the year 2014-15.  Hence, the present consumer complaint for directing the OPs 1 & 2 to refund the amount of premium, Rs.1.00 lakh as compensation and Rs.21,000/- as litigation expenses.
2.         OPs 1 & 2 furnished their joint written reply and attacked the territorial jurisdiction of this Forum as correspondence was exchanged at Mandi (HP).  It is their case, the policy cannot now be cancelled as in the year 2011 freelook period of 15 days was afforded to the complainant to go through the contents and get it cancelled if he so wishes.  However, it was not done. Now the complainant cannot get the policy cancelled and claim for the entire refund.  References to various precedents were made.   On merits denied any such premium was received by them as it was a third party payment service and is not directly connected to the answering OP. On these lines, the cause is sought to be defended.
3.         OP-3 did not contest the consumer complaint as notice sent to it by registered was not received back served or unserved. Since period of more than 30 days had elapsed, therefore, OP-3 was presumed to have been served and vide order dated 22.11.2017 it was proceeded ex-parte.
4.         Replication was filed and averments made in the consumer complaint were reiterated.
5.         Parties led evidence by way of affidavits and documents.
6.         We have heard the learned counsel for the parties and gone through the record of the case. After perusal of record, our findings are as under:-
7.         Per pleadings of the parties, the moot point is the premium of Rs.1.00 lakh was transferred from the credit card account of the complainant with OP-3/banker in the account of OPs 1 & 2 against his policy. The claimed date of payment of premium through his banker/OP-3 in the account of OPs 1 & 2 is 25.2.2014.
8.         Per pleadings, OPs 1 & 2 had submitted a simple denial to these allegations that no such amount was received.  Now we shall refer to the documentary evidence brought on record by the complainant.  Annexure C-1 is the credit card duplicate statement which was in the name of complainant and the details of entry dated 25.2.2014 shows the amount of Rs.1.00 lakh was transferred to Bharti AXA Life Insurance i.e. OPs 1 & 2 and the merchant city has been mentioned as Mumbai whereas the head office of OP-1 is also situated at Goregaon (E), Mumbai. This shows, from the credit card account of the complainant the amount of Rs.1.00 lakh was debited and transferred to Bharti AXA Life Insurance. OPs 1 & 2 have denied any such amount was received in their account.
9.         Perusal of the record of the Forum shows, on application moved, the Manager of OP-3/banker was directed to appear in person and place on record credit card statement from 22.2.2014 to 22.8.2014 pertaining to the credit card in the name of the complainant.  In compliance with the directions of this Forum, the relevant statement i.e. of 22.2.2014 to 22.8.2014 was produced on record. Again the said statement shows, aforesaid amount was transferred in the name of Bharti AXA Life Insurance.  It is also not made out, after transfer or say debit of the amount from the account of the complainant it was reversed in the account of the complainant.  This shows, complainant had parted with the amount of Rs.1.00 lakh from his account with the banker/OP-3 and OP-3 had also produced statement that there is entry of the said amount having been transferred in the name of Bharti AXA Life Insurance.
10.         The matter is pending for the last more than five years. If this entry of debit from the account of the complainant and further credit in the account of Bharti AXA Life Insurance is wrong, it could have made a communication to the highest authority of HDFC Bank to enquire into the matter if the said amount was not transferred to their account.  Not only this, so much so, if the entry effected by OP-3 falsely recorded debit and then credit in the account of Bharti AXA Life Insurance, then criminal law could have been taken into action by way of cheating done by the officer of the banker/OP-3 showing the fabricated entry of debit from the account of the complainant and its credit in the account of Bharti AXA Life Insurance.  In the absence of such record, mere denial that no such amount was received is not sufficient.  OPs 1 & 2 ought to have produced on record the statements of their account with their banker showing that on 25.2.2014 a sum of Rs.1.00 lakh was not credited in their account after being debited from the account of the complainant or they could have submitted record that it was reversed to the account maintained by OP-3.  There is no such record. Simply there are contents of the reply supported by affidavit and their banker’s statement has not been produced that on the relevant date i.e. 25.2.2014, the amount of Rs.1.00 lakh was not credited in their account.  Thus, it seems the amount was siphoned off by OPs 1 & 2. 
11.         We agree that now the insurance policy cannot be cancelled as there was a freelook period and there are terms and conditions and during the said period it was not got cancelled. The parties are bound by the terms and conditions of the contract and this Forum cannot introduce new terms and conditions. There is a branch office of OP-2 at Chandigarh, therefore, this Forum does have the territorial jurisdiction in the matter.  Even otherwise also, the banker of the complainant is situated at Chandigarh, therefore, the objection with regard to the territorial jurisdiction is weightless and frivolous.  We proceed to discard it. 
12.         In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed qua OPs 1 & 2. OPs 1 & 2 are directed as under :-

1. to refund the amount of Rs.1,00,000/- to the complainant alongwith interest @ 9% per annum from the date of deposit i.e. 25.2.2014 till realization.
2. to pay an amount of Rs.30,000/- to the complainant as compensation for causing mental agony and harassment to him;
3. to pay Rs.10,000/- to the complainant as costs of litigation.

13.         This order be complied with by OPs 1 & 2 within thirty days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
14.         OP-3 has been simply arrayed as proforma OP.   Neither any deficiency in service has been alleged nor any relief has been claimed against it.  Therefore, the consumer complaint qua OP-3 stands dismissed with no order as to costs.
15.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-	Sd/-
01/11/2019	[Suresh Kumar Sardana]	[Surjeet Kaur]	[Rattan Singh Thakur]
hg	Member	Member	President