Delhi

New Delhi

CC/243/2015

Deepak Bhaskar - Complainant(s)

Versus

M/S. HDFC Standard Life Insurance Company Ltd. - Opp.Party(s)

23 Sep 2016

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI (DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR,

VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110001.

 

Case No.CC/243/15                                Dated:

In the matter of:

Mr. Deepak Bhaskar

S/O Late Mr. Amarnath Bhaskar

R/O House No. 142, Ground Floor,

Arjun Nagar, Safdurjung Enclave,

New Delhi-110029.

                                        ……..COMPLAINANT

       

VERSUS

 

1. HDFC Standard Life Insurance Company

No. B-3/6, Ground Floor

Next To Bharat Petroleum Petrol Pump,

Asaf Ali Road

New Delhi-110002

 

2. HDFC Bank

209/214 Kailash Building

26 K G Marg, Connaught Place

New Delhi-110001

….OPPOSITE PARTY

 

MEMBER- NIPUR CHANDNA

 

 

ORDER

The case of the complainant is that, he visited OP No. 2 for opening a fixed deposit A/C for a sum of Rs. 2,00,000/- and there he was entertained by one Mr. Aditya Batra who represented himself to be the employee of OP No. 2. Mr. Aditya Batra asked him to sign few blank form as a formality for opening fixed deposit A/C and as such he signed some papers as asked by Aditya Batra.

       It is alleged by the complainant that in March 2010, his neighbour approached him and handed over the documents of HDFC Standard Life Insurance Policy bearing No. 1325864 dt. 17/11/2009 issued in his name wherein his residential address, phone no., and annual income were incorrect.

       It is alleged by the complainant that OP No. 2 had fraudulently converted fixed deposit A/C into a life insurance policy without his consent.

       It is further alleged by the complainant that he immediately met Mr. Aditya Batra and told him about the fraud, who in turn assured him that he will get assured 12% return after three years and suggested not to make any further complaint in this regard.

       It is alleged by the complainant that after receiving repeated calls from the OPs to pay next premium, he sent a letter dt. 20/01/11 to the Branch Manager of OP for cancellation of policy and refund of money, but the OP vide letter dt. 11/3/11 denied refund as well as cancellation of life insurance policy.

       It is alleged by the complainant that vide letter dt.14/3/11 he requested OP to cancel the policy and refund the amount, but the OP vide letter dt. 4/10/11 confirmed the decision conveyed through letter dt. 11/3/2011.

       The complainant therefore approached this forum for the redressal of his grievances.

       Notice of the complaint was sent to the OPS for 21/7/15, and 31/08/15, since none appeared on behalf of OP, they were ordered to be proceeded with ex-parte.

       Complainant filed his ex-parte evidence by way of affidavit, wherein he has corroborated the contents of his complaint.

       Complaint has placed a record copy of policy alongwith its terms and conditions, copy of the letter dt. 20/01/11, copy of the letter dt.11/3/11, 14/3/11, 4/10/11, copy of the legal notice dt. 21/02/15 and 16/03/15 alongwith the copy of postal receipt in support of his case.

       We have heard ex-parte arguments on behalf of complainant advanced at the bar and have perused the record.

       In the present case, cause of action had arisen to the complainant as soon he come to know about the policy in the month of March 2010 and it continued upto 4/10/11 when the OP finally denied his claim. The complainant did not file the complaint within two years of arising of cause of action. Section 24(A) of the Consumer Protection Act which prescribes the limitation of two years from the date of cause of action reads as under :

       24A. Limitation period- (1) The District Forum, The State Commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen.

(2) Notwithstanding anything contained in Sub-section (1), a complaint may be entertained after the period specified in Sub-section (1), if the complainant satisfies the District Forum, the State Commission or the National Commission, as the case may be, that he had sufficient cause for not filing the complaint within such period:

Provided that no such complaint shall be entertained unless the National Commission, the State Commission or the District Forum, as the case may be, records its reasons for condoning such delay.

       Interpreting said provision, Supreme Court in a judgement in State Bank of India v. B.S. Agriculture Industries, II (2009) ‘CPJ 29(SC)=II (2009) SLT’ 793, has held that the expression, shall not admit a complaint occurring in Section 24A is sort of a legislative command to the Consumer Forum to examine on its own whether the complaint has been filed within the prescribed period of limitation; that it is the duty of the Consumer Forum to take notice of Section 24A and go into the fact if the complaint is barred by time and yet the Consumer Fora decides the complaint on merits, the Forum would be committing an illegality and, therefore, the aggrieved party would be entitled to have such order set aside.

       Admittedly, complainant did not file the application seeking condonation of delay. The delay can be condoned only showing sufficient cause for not filing the complaint within time. Since no application showing the sufficient cause was filed, the delay in filing the complaint could not be condoned.

      The cause of action firstly arose in the month of March, 2010 and it continued upto 4/10/11, vide letter dt. 4/10/11 OP denied the refund as well as cancellation of policy. The complainant filed the present complaint on 15/4/15 i.e. beyond the period of 2 years of the accrual of cause of action. Complaint is, therefore, barred by limitation and the same is hereby dismissed.

 

File be consigned to record room.

Copy of the order be sent to the parties free of cost.

 

 

        Pronounced in open Court on 23-09-2016.

 

 

 

 

                                                                                              (S.K. SARVARIA)

     PRESIDENT        

 

 

 

                                             (H.M. VYAS)                                                 (NIPUR CHANDNA)

                                               MEMBER                                                              MEMBER