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

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Raj Kumar Kapoor son of Sh.Jiwan Ram, Resident of House NO.1059, Sector 12-A, Panchkula

…..Complainant

                                      V E R S U S

1]    M/s Birla Sun Life Insurance Company Ltd., through Customer Service Officer, G.Corp Tech Park, 5^th & 6^th Floor, Kasar Wadavall, Ghodbunder road, Thane 4000601

2]    M/s Birla Sun Life Insurance Company Ltd., through its Branch Manager, SCO No.149-150, Sector 9-C, Chandigarh 160009

                                         ……Opposite Parties

CORAM:     SH.RAJINDER SINGH GILL           

PRESIDING  MEMBER

                   DR.(MRS) MADANJIT KAUR SAHOTA   

 MEMBER

Argued by:     Sh.Ranvir Sood, Counsel for complainant.

Sh.Nitin Thatai, Counsel for OPs.

PER DR.(MRS) MADANJIT KAUR SAHOTA,  MEMBER

              Precisely put, the complainant purchased one BSLI Vision Plan/Policy from OP on payment of Rs.30,000/- as premium vide Ann.C-1.  It is averred that the said policy was purchased on the allurement of Ms.Priyanka Mathur, an Agent of OPs that she will also offer her services in getting surrender money plus bonus of Policy No.270050834, dated 26.11.2005 purchased by the complainant from Max New York Life Insurance Company.  However, the complainant neither received the refund/surrender money of said Policy No.270050834 nor received the policy document of new policy purchased from OPs.  Later on the OPs, vide letter dated 10.2.2012 (Ann.C-2) confirmed that the policy has been received by Mr.B.K.Kapoor.  It is averred that the complainant do not know any B.K.Kapoor, to whom the policy document was delivered by the OPs.  As such, complainant vide letter dated 14.1.2012 (Ann.C-3) requested the OPs for refund of his premium amount of Rs.30,000/- deposited against Policy No.005212224, which was never delivered to him.  However, the complainant had received the policy document of new policy only on 20.1.2012, but since he did not want to continue with it, so he refused the policy bond and informed the OPs again on 1.2.2012 vide Ann.C-4 to refund his premium amount, but it was declined. Ultimately, a legal notice Ann.C-6 was sent to the OPs, but to no avail.  Hence, this complaint.

2]           OPs filed reply and admitted the factual matrix of the case.  It is submitted that the Policy document in respect of the Policy No.005212224 was dispatched & delivered to the complainant on 26.11.201, which was received by one B.K.Kapoor as has been informed by Courier Company, at his correspondence address (Ann.R-3). It is also submitted that the letter of the complainant, was duly replied vide letter dated 10.2.2012 (Ann.R-4) stating that the said Policy document has been delivered and since the free look period had expired, the Company cannot refund the amount of premium and cancel the policy.  It is further submitted that since there is neither any deficiency in service nor an unfair trade practice or legal liability of the OPs, hence the complainant is not entitled for any relief.  Rest of the allegations have been denied with a prayer to dismiss the complaint.

3]           Parties led evidence in support of their contentions.

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

5]           It is an admitted case of the parties that the complainant purchased one BSLI Vision Policy bearing NO.005212224 from OP by making payment of Rs.30,000/- as premium. 

6]           The main grouse of the complainant is that the OP Company, inspite of an assurance given by its agent, neither refunded the amount of Policy No.2700050834 purchased from New York Life Insurance Company nor supplied the policy document of new policy bearing No.005212224 purchased from it by paying premium of  Rs.30,000/-.  Thus, the complainant requested the OP vide letters dated 14.1.2012 and 01.02.2012 (Ann.C-3 & C-4) to refund the premium amount, but the same was declined.

7]           The contention of ld.Counsel for the OPs is that the policy document of the new policy, was duly dispatched and delivered to the complainant on 26.11.2011, which was received by one B.K.Kapoor, as informed by the courier company, at his correspondence address (Ann.R-3).  It is also contended that the letter of the complainant was duly replied vide Ann.R-4, dated 10.2.2012, thereby informing that the policy document had been delivered and since the free look period had expired, the refund cannot be made. 

8]           After going through the facts & circumstances of the case, hearing the pleadings of the parties and perusing the documents on record, it has been made out that it is an admitted case of the OPs that policy document was received by one B.K.Kapoor, which fact is further proved from Ann.C-2 and R-4.   But the OPs have not been able to prove as to how they assumed & presumed that the policy document was actually delivered to the complainant, when the same was admittedly received by one B.K.Kapoor. 

9]           Further, the OPs have not only failed to prove the identity and whereabouts of said B.K.Kapoor to whom the policy document was delivered, but also failed to placed on record the copy of the receipt signed by said B.K.Kapoor while receiving the policy document at the address of complainant, as alleged.  A mere version of the OPs vide letters Ann.C-2 & R-4 that as per their record, the policy document was delivered through ExpressIT Courier vide Airways bill and recipient  name is B.K.Kapoor, is not sufficient, sustainable and believable in the absence of any cogent & convincing evidence authenticating the same.  

10]         Moreover, the OPs in Para No.9 of the Reply (Page No.6), have admitted “as a matter of record” that the new policy bond was received by the complainant on 20.1.2012.  Subsequently, the complainant sent letter Ann.C-4, dated 1.2.2012 requesting them to refund his premium amount, which was certainly made within 15 days period, but inspite of that the OP vide letter dated 10.2.2011 (Ann.C-2) declined his request to cancel the policy and refund of premium.

11]         In Ann.C-2 & R-4, dated 10.2.2012 issued by OP Company, it has been categorically mentioned that:-

“In case, you wish to opt for any amendments you can do so under the Free Look option, that is within 15 days from the date of receipt of the policy document.  In the absence of the requisite details in freelook, we are unable to process your request for cancellation of the policy and refund of premiums

We are concerned about your decision to cancel your policy and urge you to review the same.” 

12]         Whereas, the complainant vide letter dated 01.02.2012 (Ann.C-4) had already written to the OPs that he had refused the policy bond and requested to refund the premium amount. But the OPs instead of refunding the amount, showed their concern about the decision of the complainant to cancel the policy and urged him to review the same, which was not at all justified. When the OPs had come to know that the complainant wanted to cancel his policy, as is clear from Ann.C-2 & Ann.R-4, then as to why they did not make the refund and instead asked him to review the decision.  Such an act & conduct of the OPs itself constitute gross deficiency in service on their part as well as their indulgence into unfair trade practice.

13]         Keeping in view the foregoings and entirety of the case, we are of the opinion that the deficiency in service as well as indulgence into unfair trade practice, is writ large & apparent on the part of OPs.  Therefore, in our opinion the present complaint, having lot of merit, weight and substance, must succeed.  The same is accordingly allowed.  The OPs are directed to refund the premium amount of Rs.30,000/- to the complainant.  They are also directed to pay a compensation of Rs.15,000/- for causing mental & physical harassment to the complainant, apart from paying litigation cost of Rs.7000/-.

              This order be complied with by the OPs within a period of 30 days from the date of receipt of copy of this order, failing which they shall be liable to pay the above awarded amount of Rs.45,000/- (Rs.30,000/- + Rs.15,000/-) along with interest @12% p.a. from the date of filing of this complaint i.e. 22.05.2012 till its actual payment, besides paying litigation costs, as aforesaid.

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