BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.147 of 2015

Date of Instt. 09.04.2015

Date of Decision :01.06.2016

1. Jassa Singh son of Mohan Singh aged about 50 years;

2. Gurmukh Singh son of Jassa Singh through attorney and his father Jassa Singh;

Both residents of H.No.132, VPO Kohala, Tehsil & District Jalandhar also C/o Sampuran Cold Store, Village Loharan, Lambra, District Jalandhar.

..........Complainant

Versus

1. M/s Shri Ram Life Insurance Company Ltd., through its Branch Manager, Grand Mall, Jalandhar-144001.

2. Gayitri Juneja Representative M/s Shri Ram Life Insurance Company Ltd., Grand Mall, Jalandhar-144001.

.........Opposite parties

Complaint Under Section 12 of the Consumer Protection Act.

Before: S. Bhupinder Singh (President)

Sh.Parminder Sharma (Member)

Present: Sh.Rakesh Dhir Adv., counsel for the complainant.

Sh.Anil Verma Adv., counsel for OPs.

Order

Bhupinder Singh (President)

1. The complainant has filed the present complaint under section 12 of the Consumer Protection Act against the opposite parties on the averments that complainant Jassa Singh and his son Gurmukh Singh got two separate insurance policies i.e. policy bearing No.NN151400009432 in the name of Jassa Singh and policy bearing No.NN151400011183 in the name of Gurmukh Singh son of Jassa Singh. Complainant submitted that Jassa Singh and his son Gurmukh Singh received both polices on 15.4.2014 through DTDC courier. Complainant within 15 days i.e. on 29.4.2014 returned the policies to OP No.2 employee of Shri Ram Life Insurance Company with request for cancellation of the policy and refund the premium amount but the OP did not refund the amount of premium to the complainant. On such averments, the complainant has prayed for directing the OPs to refund the amount of the premium of both the policies. They have also claimed compensation and litigation expenses.

2. Upon notice, OPs appeared through counsel and filed written reply pleading that the present complaint is not maintainable as the joint complaint is not maintainable without the permission of the Forum. Moreover, complainant Jassa Singh is not competent to file complaint on behalf of his son Gurmukh Singh through general power of attorney. OPs submitted that Jassa Singh filed separate complaint on behalf of his son Gurmukh Singh but not the present joint complaint nor the complainant has sought permission to file the joint present complaint. The OPs further submitted that both the policies were dispatched from the office of OP Indore in February 2014. Policy No.NN151400009432 was issued on 10.2.2014 and was dispatched on 17.2.2014 whereas the policy No.NN151400011183 was issued on 12.2.2014 and was dispatched on 19.2.2014, the same were received by the complainants well within time. The OP denied that the policies documents were received by the complainant on 15.4.2014 through DTDC courier. However, the OP admitted that complainant No.1 on 29.4.2014 requested for cancellation of the policy. Complainant could not produce any documents to prove that he received the policies on 15.4.2014 as complainant did not exercise his option of cancellation of policy within free look period of 15 days from the date of receipt of policy documents. So, OP is not liable to cancel the policy and to refund the premium amount of the complainants. OPs denied other material averments of the complainant.

3. In support of their complaint, learned counsel for the complainant has tendered into evidence affidavit Ex.CA alongwith copies of documents Ex.C1 to Ex.C3 and closed evidence.

4. On the other hand, learned counsel for opposite parties has tendered affidavits Ex.OP-A and Ex.OP-B alongwith copies of documents Ex.OP-1 and Ex.OP-2 and closed evidence.

5. We have heard the Ld. counsel for the parties, minutely gone through the record and have appreciated the evidence produced on record by both the parties with the valuable assistance of Ld. counsels for the parties.

6. From the record i.e. pleadings of the parties and the evidence produced on record by both the parties, it is clear that complainant Jassa Singh and his son Gurmukh Singh got two separate insurance policies i.e. policy bearing No.NN151400009432 Ex.OP1 in the name of Jassa Singh and policy bearing No.NN151400011183 Ex.OP2 in the name of Gurmukh Singh son of Jassa Singh. Complainant submitted that Jassa Singh and his son Gurmukh Singh received both polices on 15.4.2014 through DTDC courier as per envelope Ex.C4 and certificate issued by courier Ex.C3. Resultantly, complainant within 15 days i.e. on 29.4.2014 returned the policies to OP No.2 employee of Shri Ram Life Insurance Company with request for cancellation of the policy and refund of the premium amount but the OP did not refund the amount of premium to the complainant. Learned counsel for the complainant submitted that all this amounts to deficiency in service on the part of the OPs qua the complainant.

7. Whereas the case of the OPs is that the present complaint is not maintainable as the joint complaint is not maintainable without the permission of the Forum. Moreover, complainant Jassa Singh is not competent to file complaint on behalf of his son Gurmukh Singh through general power of attorney. Learned counsel for OPs submitted that Jassa Singh should file a separate complaint on behalf of his son Gurmukh Singh but not the present joint complaint nor the complainant has sought permission to file the joint present complaint. The OPs further submitted that both the policies were dispatched from the office of OP Indore in February 2014. Policy No.NN151400 009432 was issued on 10.2.2014 and was dispatched on 17.2.2014 whereas the policy No.NN151400011183 was issued on 12.2.2014 and was dispatched on 19.2.2014, the same were received by the complainants well within time. The OP denied that the policies documents were received by the complainant on 15.4.2014 through DTDC courier. However, the OP admitted that complainant No.1 on 29.4.2014 vide applications Ex.C1 and Ex.C2 requested for cancellation of the policy. Complainant could not produce any documents to prove that he received the policies on 15.4.2014, as complainant did not exercise his option of cancellation of policy within free look period of 15 days from the date of receipt of policy documents. So, OP is not liable to cancel the policy and to refund the premium amount of the complainants. Learned counsel for the OPs submitted that under these circumstances, there is no deficiency of service on the part of the OPs qua the complainant.

8. From the entire above discussion, we have come to the conclusion that complainant Jassa Singh and his son Gurmukh Singh had taken two separate insurance policies i.e. policy bearing No.NN151400009432 dated 10.2.2014 Ex.OP1 in the name of Jassa Singh and policy bearing No.NN151400011183 dated 12.2.2014 Ex.OP2 in the name of Gurmukh Singh son of Jassa Singh. So, both the policies are different, obtained by different persons i.e. complainant Jassa Singh and another policy by his son Gurmukh Singh son of complainant Jassa Singh. Both the policies are different i.e. Ex.OP1 and Ex.OP2 and have been issued by the OP on different dates i.e. on 10.2.2014 and 12.2.2014. As such, joint complaint is not maintainable without the prior permission of the Forum. The complainant Jassa Singh has not sought permission from this Forum to file joint complaint. As such, only complaint filed by Jassa Singh is maintainable. Whereas the complaint of Gurmukh Singh son of complainant Jassa Singh is not maintainable. As such, this Forum can not decide the complaint of Gurmukh Singh son of Jassa Singh. Resultantly we hold that complaint of Gurmukh Singh son of complainant Jassa Singh is not maintainable. However, complainant Jassa Singh is at liberty to file a fresh separate complaint being representative/power attorney holder of Gurmukh Singh.

9. As regards the case of complainant Jassa Singh, he has succeeded in proving that he received policy bearing No.NN1514 00009432 dated 10.2.2014 Ex.OP1 on 15.4.2014 through courier as per envelope Ex.C4 and the certificate issued by the courier Ex.C3 which fully prove that this courier containing policy of Jassa Singh, was delivered to Jassa Singh on 15.4.2014. The OPs have failed to prove on record that the policy was delivered to complainant Jassa Singh prior to 15.4.2014. The complainant returned the policy to OP NO.2 vide letter dated 29.4.2014 Ex.C2 which was duly received by OP No.2 employee of the OP No.1 on 29.4.2014 under her own signature and stamp of OP No.1. Therefore, it stands fully proved on record that complainant Jassa Singh exercised his option of cancellation of policy within 15 days i.e. free look period from the date of receipt of the policy documents. As such, OP was liable to refund the amount of premium, subject to deduction of stamp charges, medical charges, if any, and mortality charges for the period, the policy remained in form.

9. Resultantly, we partly allow the complaint filed by complainant Jassa Singh regarding policy bearing No. No.NN151400009432 with cost. Thereby, the OP is directed to refund the premium amount of complainant Jassa Singh, subject to deduction of stamp charges, medical charges, if any and mortality charges for the period the policy remained in force. The OPs No.1 & 2 are also directed to pay the cost of litigation to the tune of Rs.2000/- to complainant Jassa Singh. Copies of the order be sent to the parties free of costs under rules. File be consigned to the record room.

Dated Parminder Sharma Bhupinder Singh

01.06.2016 Member President