1. The brief history of the case of the complainant is that, the agents of the OP contacted the complainant over phone to buy a product of M/s. Bharati Axa Life. They advised to buy a product of OP namely “Bharati Axa Life Secured Plan” which bears money back offer and several other benefits and being induced, the complainant proposed to obtain the policy which is for 17 years with premium term of 7 years @ Rs.48, 501/-. The complainant submitted that he paid Rs.50, 000/- to the OP through Credit Card on 20.3.13 towards 1st premium for a sum assured of Rs.4, 50,000/- and the OP also assured that one Welcome Kit and 25% cash back bonus amount will be sent to the complainant after 45-60 days of the policy. It is submitted that on receipt of Welcome Kit vide Policy No.5011882700, the complainant contacted the agents of OP for non receipt of cash back offer and huge deviation of their promises in the policy documents but they asked to wait for legal bond which will be with all benefits committed during proposal but in vain. Lastly the Customer Care people of OP advised the complainant to go for a second policy in which the cash back bonus will be adjusted and the complainant has proposed for a 2nd policy in which his wife was insured. The complainant has deposited Rs.35, 000/- through credit card on 13.5.13. It is also submitted that the complainant requested the OP through a letter dt.23.7.14 stating the whole affairs and requested to send policy bonds of 2 policies and the benefits as per their promise but to no respond. The agent also stopped to receive the phone calls of the complainant. The complainant has sent an email to OP on 04.8.14 stating the wrongs done by the OP to which the OP on 05.8.14 replied stating that they are looking into the matter but to no action. The complainant sent letter dt.22.8.14 requesting cancellation of both the Policies bearing No.5011882700 and 5012070388 and refund Rs.85, 000/- as he was not comfort with the terms of the policy but to no reply. Thus alleging unfair trade practice on the part of the OP, the complainant has filed this case praying the forum to direct the OP to cancel both the policies and to refund Rs.85, 000/- with interest @ 18% p.a. besides Rs.1, 10,000/- towards compensation and costs to the complainant.
2. The OP filed counter denying the allegations of the complainant but contended that the representatives of the OP have never advised the complainant to buy a product of OP namely “Bharati Axa Life Secured Plan” which bears money back offer and several other benefits. It is contended that the benefits under the policies are illustrated in the policy documents has been sent to the complainant. It is further contended that the complainant was never promised cash back offer and legal bond and complainant approached the OP for cancellation of 2 policies after the expire of free look period and hence the request was declined. The OP further contended that the Customer Care officers have never asked the complainant to propose for a 2nd policy and the cash back bonus will be adjusted in that policy but the complainant has purchased the 2nd policy of secured income plan once he was satisfied with the terms of 1st policy and the complainant had option to return the policies within free look period which he never opted to exercise. The OP also denied receipt of email from the complainant on 04.8.14 stating wrongs done by the Ops and the OP has not sent any reply on 05.8.14 to the complainant stating that they are looking into the matter but to no action. The OP also denied the letter sent by the complaint on 22.8.14 requesting cancellation of the policies and refund of Rs.85, 000/-. Thus denying any unfair trade practice adopted by them, the OP prayed to dismiss the case of the complainant.
3. Both the parties have filed certain documents along with affidavits in support of their cases. Heard from the parties through their respective A/Rs and perused the materials available on record.
4. In this case the complainant has obtained Bharati Axa Life Secured Plan for 17 years for which premium term is 7 years @ Rs.48, 501/- for a sum assured Rs.4, 50,000/- and has paid Rs.50, 000/- through Credit Card on 20.3.14 and the OP issued Policy bearing No.5011882700 giving effect from 15.3.14 and the OP has sent Welcome Kit to the complainant which was received on 01.4.14. The case of the complainant is that after receipt of Welcome Kit he did not find the assured benefits in it and refund of 25% cash back bonus. The complainant submitted that he contacted the agents of the OP over phone the numbers of which have been mentioned in the complaint petition and referred in various documents but the agents assured that a legal bond which is under process will be dispatched with assured benefits and the free look period starts from the date of receipt of legal bond but no such document has been received by the complainant.
5. The OP in his counter stated that 25% cash back within 45-60 days of policy as well as legal bond were never promised by the agents and policy benefits are available in the proposal form. The complainant stated that the policy bond has been manipulated by the Ops and they are in the form of either scanned or Xerox copies. The OP did not utter a single word about non dispatch of original bond and document in the Welcome Kit.
6. Now a days lot of Insurance Companies are available in the market and they appoint agents for promotion of their business but often failed to have control over them. For personal gains, the agents pursue the customers vehemently and acquire business with false promises. After fruitful achievement of their goal, they pay deaf ears to the grievance of the customers. Ultimately the poor customers suffer and the Company escapes from the liabilities in the guise of terms and conditions of the policy. In the present case, lot of email communications has been made between the complainant and the agents and those communications have been furnished by the complainant in his written argument.
7. Further the complainant stated that the agents of the OP finally requested the complainant to propose for a second policy in which the benefits of 1st policy will be adjusted and the complainant has proposed a 2nd policy and paid Rs.35, 000/- on 13.5.14. The OP has also issued Policy No.5012070388. When the Welcome Kit reached the complainant with no such adjustment as promised by the OP, the real problem started. The complainant has written several letters to the OP stating the non compliance of assurances made by its agents. The Op in his counter denied all those communications. The complainant has furnished as many as 45 email communications in between the complainant and the OP which are available on record. The complainant on 23.7.14 has sent a letter to the OP requesting cancellation of two policies with reference to earlier mail correspondence No. Bharati-Axa=006-057-444. The OP has not replied to that letter.
On 04.8.14 the complainant wrote a letter to OP intimating that by false commitment made by group of agents, the OP has fraudulently sold the policies and requested the OP to refund deposits without any benefit. The OP on 05.8.14 has replied that they are reviewing the matter and shall revert within 2 weeks of receipt of complaint but no step has been taken by the OP. This allegation of the complainant remained unchallenged and hence such inaction of the OP in our opinion amounts to deficiency in service.
8. The most peculiar thing is that the OP in his counter totally denied any communication made between the complainant and the OP in spite of the fact that the copies of communications of both the parties are available on record. However, the OP at para-4 of their reply on merit admitted that the complainant had approached the respondent for cancellation of his 2 policies after expiry period and they have declined the request. No such copy of decline letter has been filed by the OP in support of their contention. From this fact it was crystal clear that the OP has not acted upon properly on the request of the complainant.
9. From the copies of email communications and available letter correspondences it was ascertained that the OP through its Customer Care and agents played mischief to consume the prescribed time limit of free look period in the guise and issue of legal bond and such other pleas. It is also seen that the complainant has started keeping contacts with the OP through its different persons in order to get him clarified regarding assured benefits and the complainant was all along dissatisfied with the behavior of the OP. So non-request for return of policies within so called free look period which remained gloomy in between receipt of Welcome Kit and issue of legal bond is not the mistake of the complainant as he has tried his best all along. Hence non-cancellation of policies by the OP in spite of protracted correspondences amount to unfair trade practice on the part of the OP.
10. It is further seen that the OP has recovered a sum of Rs.35, 000/- from the SBI Card of the complainant on 09.5.2015 in spite of request of the complainant on 10.3.2015 not to recover renewal premium against any policy. Copy of email at Sl. No.45 is also available on record to that respect. The complainant has filed the deduction details through statement of accounts dt.13.5.15.
11. We have already held that by not cancelling the policies and non refund of deposit amount, the OP has committed unfair trade practice. The complainant in his letter to OP dt.23.7.14 has requested for refund of deposits without any benefit after cancelling the policies. Hence the complainant is entitled for refund of Rs.85, 000/- towards premium deposit and Rs.35, 000/- towards renewal premium deducted for 1st policy by the OP. Thus the complainant is to get Rs.85, 000/- + Rs.35, 000/- = Rs.1, 20,000/- from the OP. In view of the facts and circumstances of the case we are not inclined to award any interest on the above amount or any compensation in favour of the complainant except a sum of Rs.3000/- towards costs due to heavy correspondences in this case.
12. Hence ordered that the complaint petition is allowed in part and the OP is directed to refund Rs.1, 20,000/- towards premiums deposited in respect of two policies and the renewal premium for 1st policy and to pay Rs.3000/- towards costs to the complainant within 30 days from the date of communication of this order failing which the above sum of Rs.1, 20,000/- shall carry interest @ 12% p.a. from the date of filing of this case i.e. 31.1.2015 till payment.
(to dict.)
