DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

Soban Singh Ramola s/o Sh. M.S. Ramola, C/o E.C. Blades & Tools Pvt. Ltd., Plot No. 284, Industrial Area, Phase-I, Chandigarh – 160002.

                                                        ---Complainant

V E R S U S

[1]    M/s Bharti AXA Life Insurance Co. Ltd., through its Branch Manager, SCO No. 28-30, 2^nd Floor, Sector 9-D, Chandigarh.

[2]    M/s Bharti AXA Life Insurance Co. Ltd., Unit 601 & 602, 6^th Floor, Raheja Titanium, Off. Western Express Highway, Goregaon (E), Mumbai – 400063.

---Opposite Parties

BEFORE:            MRS.MADHU MUTNEJA                   PRESIDING MEMBER

                        SH.JASWINDER SINGH SIDHU            MEMBER

Argued By:      Complainant in person.

Sh. Gaurav Bhardwaj, Adv for OP.

PER MADHU MUTNEJA, PRESIDING MEMBER

1.             The Complainant had applied to OP for issuance of a life insurance policy called Bright Star and had paid semi annual premium of Rs.7500/- through Cheque bearing NO. 202703, drawn on State Bank of India. The Complainant received a SMS on his Mobile No.9855427701, confirming the receipt of the amount, and issuance of Policy No. 500-4021423, dated 07.08.2009.  Thereafter, the Complainant has not received either the policy or any paper receipt from the OP subsequent to the confirmatory SMS. He has thus, filed the instant complaint for refund of the amount paid, along with compensation for unfair trade practice and mental harassment.

2.              After admission of the complaint, notices were sent to the OPs.

3.              OPs in their joint reply have stated that the Policy document, along with copy of proposal form was dispatched to the Complainant on 12 August, 2010, vide speed post. The same was duly received by the Complainant as it was never returned to the OPs as undelivered. 

                The OPs have alleged that the Postal Department is responsible for delivery of the policy and the complaint is liable to be dismissed on the ground of non-joinder of necessary party for proving the correct facts of the case.

                The OPs have further stated that after the expiry of three months from the date of issuance of the policy, the Complainant had been contacted to submit an indemnity bond, with a request for issuance of duplicate policy. The Complainant has not complied with this request and has instead filed the present complaint. They have, therefore, prayed for dismissal of the complaint.

4.              Parties led evidence in support of their contentions.

5.              We have heard the Complainant in person and learned counsel for the OPs and have perused the record.

6.              The matter involves the allegations by the Complainant for non-receipt of Policy, against which he had paid half yearly premium of Rs.7500/-. The OPs have submitted that the Policy has duly been dispatched to the Complainant. However, there is no proof on record to substantiate the delivery or dispatch of the said policy document. It can, therefore, safely be concluded that the Policy in question has definitely not reached the Complainant. At the time of arguments, the Complainant was not willing to continue his dealings with the OPs due to non-receipt of the Policy. He had lost faith in them and their dealings.

7.              We also feel that the attitude of the OPs in the present situation is not conducive to attract the Complainant to continue dealings with them. In this light, we allow the present complaint. We direct the OPs, jointly and severally, as under:-

[a]    Refund the sum of Rs.7500/-, paid by the Complainant to them towards half yearly premium, along with interest @9% p.a. from the date of deposit, till date of payment;

[b]    OPs will also pay Rs.3,000/- as costs for harassment and litigation.

8.              The above said order shall be complied within 30 days of its receipt; thereafter, OPs shall be liable for an interest @18% per annum on the aforesaid amount, till it is paid, along with litigation expenses.  

9.                 Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced                                                                         Sd/-

29^th November 2011.                                                (MADHU MUTNEJA)                                                   PRESIDING MEMBER

Sd/-

 (JASWINDER SINGH SIDHU)