Shri B. Mukhopadhyay, President. This is an application u/s.12 of the C.P. Act, 1986. On indepth study of the complaint and the written version it is found that it is undisputed fact that complainant purchased one children plan of the OP Insurance Company. OP purchased HDFC Children Double Benefit of 27-02-2012 on the basis of proposal No.14973439 and paid premium amount of Rs.6,100/- vide account payee Cheque No.982165 drawn on SBI, Kolkata High Court SPB Branch, dated 27-02-2012 and also issued another cancelled cheque bearing No.982162 on the same Bank as suggested by OP4 but complainant bank was not within the coverage of ECS for which the policy was not issued but as soon as the matter was cleared policy document was received by the complainant being Policy No.14973439 issued by the OP on 29-03-2012 giving effect of the validity of the said policy with effect from 29-02-2012 but it is the complainant’s case that complainant’s family was not covered for the period from 27-02-2012 to 28-03-2012 because the policy was signed on 29-03-2012 and in the event of any untoward eventual incident complainant family would not be considered by the coverage of the policy though premium cheque was duly encashed and that is the complainant’s grievance that the OP Insurance Company did not render service properly and so the complainant has prayed for said amount along with interest i.e. Rs.6,435/- but OP did not respond when complainant expressed his desire to close the said policy. But OP despite receipt of the same did not act and ultimately this complaint was filed. On the contrary the OP by filing written statement submitted that there was no fault on the part of the OP because policy covers the risk with effect from 29-02-2012 but for processing the policy some time was taken but the allegation of the complainant is false, fabricated and in fact complainant does not want to continue the policy so by adopting such process filed this compliant and another fact is that the complainant’s entire allegation is baseless and without any foundation but anyhow OP rendered good service and in the circumstances, the OP prayed for dismissal of this case. Decision with Reasons After hearing the Ld. Lawyers of both the parties and also considering the present aspect and particularly the grievance of the complainant it is found that for some purpose complainant is not willing to continue the present insurance policy though he opened it by payment of first premium of Rs.6,100/- and even after receipt of the policy document being No.14973439 in the complaint the very allegation of the complainant is not only groundless but without any foundation and if actually complainant had his intention not to continue with the policy in that case complainant had his better option to send a cancellation letter within the free look period of 15 days from the date of receipt of the policy document. However, complainant did not opt it but subsequently, he has changed his mind and prayed for cancellation of the document and for refund of the premium amount of Rs.6,100/- with interest. But after giving a hearty feeling in respect of the prayer of the complainant and also his desire for cancelling the said policy we find that no doubt complainant sent letter to the OP for cancellation of the said policy. Might be it was not within free look period but it is mandate of IRDA if any policy holder cancels his policy on payment of first premium and prayed for refund to the Insurance Company in that case Insurance Company shall have to return the same by cancelling the policy document after deducting the service charge but anyhow, OP received such prayer but OP did not dispose it. It is unfortunate but for various reasons OP did not respond against the prayer for cancellation of the policy document what prompted the complainant to pray for refund of the premium amount for reasonable and justified ground for not entertaining such prayer for cancellation of the policy what is unexplained by the OP. Then we are very much satisfied that the complainant’s prayer was not settled by the OP which is undisputedly all over act on the part of the OP. In view of the above facts and circumstances and considering the fact and prayer of the complainant for cancellation of the policy and for refund of the premium amount by the OP is found justified legal and valid as per IRDA Regulations and refusal on the part of the OP is unwarranted, uncalled for and against policy regulation and IRDA Rules. In the light of the above observation we are allowing with the complainant’s prayer for refund of Rs.6,100/- along with Bank interest @6% on average sum but no other relief is considered in view of the fact that the said prayer was not made within free look period. In the result, complaint succeeds in part. Hence, Ordered That the complaint be and the same is allowed on contest in part against the OP with a cost of Rs.1,000/-(Rupees One thousand only). OP HDFC Standard Life Insurance Company Ltd. is hereby directed to handover, deliver and pay a sum of Rs.6,100/- along with 6% interest over the same with effect from 27-02-2012 and till its full payment by the OP to the complainant. But no other relief is awarded in view of the fact that equally both the parties are jointly responsible for not disposing of the matter properly and particularly there was no chance on the part of the complainant to appear before this Forum if the social and moral approach would be applied by the OP and also complainant. OPs are directed to comply with the order very strictly within 15 days from the date of this order failing which for non compliance of the Forum’s order the OP HDFC Standard Life Insurance Company Ltd. shall be liable for punitive damages @Rs.100/- per day till full compliance of this order and judgment and if it is collected same shall be deposited to the State Consumer Welfare Fund. OP to comply the order strictly otherwise penal action shall be taken against the OP for which OP shall be liable.
| | [HON'ABLE MR. A. K. CHANDA] MEMBER[HON'ABLE MR. B. MUKHOPADHYAY] PRESIDENT[HON'ABLE MRS. SANGITA PAL] MEMBER | | 
