Dt. of filing- 06/06/2018

Dt. of Judgement- 08/02/2019

Mrs. Sashi Kala Basu, Hon’ble President.

        This consumer complaint is filed under Section 12 of the Consumer Protection Act by Smt. Gitasree Dhara  against the Opposite Parties namely (1) M/s. Guiness Insurance Broker Services Pvt. Ltd. (2)  The Manager, Bharti Axa Life Insurance Company Ltd.  and (3)  Bharti Axa Life Insurance Company Ltd. alleging  deficiency  and unfair trade practice on their part.

          Complainant’s case in brief  is that  OP No.1  is an Insurance Broker Agent and being represented  by a person namely Shri Suman Roy  who approached the  husband of the complainant, induced and allured  her  to take a Policy stating  she would get the benefit  as a monthly  pension for  herself and her husband  will be the Nominee on payment  of  single  premium Rs. 35,000/-. So complainant being   induced by the OP No.1 issued a cheque in favour of OP No.3 of Rs. 35,000/- drawn on Allahabad  Bank  which was subsequently  encashed by the OP No.3. OP No.1 also assured the complainant   that if any authorised person from the OP No.3 calls than she should give answer is affirmative to their all queries. Thereafter, complainant  received the policy  in the month of June, 2017 but she  and her husband  were shocked  to see   that the policy  was  Bharti Axa Life Elite Advantage Plan policy and not as represented to her   that  it  was a monthly pension policy. As per the said  Bharti Axa Life Elite Advantage Plan policy she was  required  to pay Rs. 35,000/- for  12 consecutive   years as regular annual premium.  They also found that the signature therein in some papers were forged. So ultimately, complainant and her husband tried to call the OP No.1  but could not contact him as the  phone was switched off . Complainant also informed the OP No.3  about the fraud  committed  upon her but they paid no heed. She also alleged the complaint through her husband before Domjur Police Station on 22.08.2017 and thereafter also  sent   the Advocate’s letter  on 12.02.2018 to the OPs  . But all in vain. There has been a gross deficiency  in service and the OPs have practised fraud upon the  complainant by doing  unfair trade practice and thus the instant complaint has been filed by the complainant  praying for  directing the OPs  to return  the sum of Rs. 35,000/- including the  interest and to pay sum of Rs. 3,00,000/- towards the compensation, Rs. 1,00,000/- for mental agony  and Rs. 15,000/- litigation cost.

          Complainant has annexed with the complaint petition, copy of the policy along with the Form, letter  dated 05.03.2018 sent by  the  OP  through their Ld. Advocate, copy of the cheque and the notice sent  by the complainant  through her Ld. Advocate and also copy of the complaint  lodged by the  husband of the  complainant before the  Domjur Police Station.

          On perusal of the record it appears  notices  were sent to the OP Nos. 1,2 an 3 but inspite of its service, no step  was taken  and so  vide order  dated 14.09.2018 and vide order dated 01.10.2018 the case  was directed  to be proceeded  exparte against the  OPs.

          So, the point requires determination is  whether the complainant  is  entitled   to the relief  as prayed for ?

Decision with reasons :

          Complainant’s claim is that the agent of OP No.1 namely Suman Roy approached the husband of the complainant  and  induced her to buy the policy on the  belief  she would get  benefit of monthly pension  on payment of single  premium of Rs.35,000/-. So she made the payment of RS. 35,000/- by way of  cheque but actually  when the policy  was received, it was actually a life insurance policy  namely Bharati Axa life Elite Advantage  Plan Policy and she had to pay Rs. 35,000/- in twelve consecutive years as regular premium. So according to her, agent of the OP no.1, practised fraud upon her and her husband.

          So far as, Suman Roy  being an agent of OP No.1, there is no contrary material in the record. However, a letter dated  05.03.2018  is  filed  by the complainant which is  sent by OP company  in reply to the notice sent by the complainant through  her Ld. Advocate and it appears  that  OP company namely M/s. Bharati Axa Life insurance Ltd. has nowhere   denied  about  purchase of policy  ( which according to complainant was a pension policy) through said Suman Roy an agent. Said letter also reveals that complainant had complained the matter on 27.08.2017. So complainant received the policy in June 2017 and raised objection within two months.  Even though same was  not done  within free look  period but one  cannot ignore  the fact that  it is but  natural that on receiving of the policy, complainant and her  husband tried to contact  the agent  but when they failed to contact  they had complained the matter also at  the Police Station. Copy of the complaint  dated 22.08.2017 lodged by the complainant before Domjur Police Station is  filed by complainant in this case.

          Complainant in this case is 60 year old lady and her husband is a nominee in the alleged policy. Considering the age of the complainant, it does substantiate  her claim that she  was misrepresented  that it was a pension policy and thus creates a doubt that she had purchased the policy  knowing fully well that it will continue  for  12 years on paying yearly premium  of Rs. 35,000/-.

          It is true that within 15 days of the policy or within free look period, complainant did not opt for cancellation but question is, can a person be forced to continue with the policy, if she has not asked for cancellation within the said free look period. She may not be entitled to the benefits attached with the policy, but there is no specific mention that the premium paid would be forfeited by company.

          In the absence of any  contrary  evidence,  we find that this is a case of mis-selling  of the  policy which the complainant never proposed and thus she is  entitled to  refund of amount of Rs.35,000/- as there has been unfair  trade practice on the part of the OPs. However, no compensation  in  the given facts and situation of this case is awarded.

    Hence,

                            Ordered

        CC/332/2018 is allowed ex-parte against Opposite Parties. Opposite Parties are hereby directed to  refund Rs. 35,000/- to the complainant and  pay Rs.5,000/- towards litigation cost within   two months from this date in default the amount shall carry  interest @ 8% p.a. till realisation.