DATE OF DISPOSAL: 18.09.2023

PER:   SRI SATISH KUMAR PANIGRAHI, PRESIDENT:

The fact of the case in brief is that the  complainant has filed this consumer complaint Under Section 12 of the Consumer Protection Act, 1986, alleging deficiency in service against the Opposite Parties  (in short the O.Ps ) and for redressal of his grievance before this Commission.

2. The complainant was persuaded by the agent of the O.Ps for having the policy for future life assuring gain and profit and accordingly the complainant deposited sum of Rs.50,000/- towards the first half yearly installment and the annual installment being Rs.1,00,000/-. After deposit of the first installment of Rs.50,000/- the complainant was issued with the policy bearing number: 12394165 and the date of issue of the said policy is stated to be on 02.12.2008. The complainant deposited sum of Rs.4,50,000/-against the said policy number regularly in way of half yearly installments. At the time of signing the policy papers, it was not indicated that the policy is unit linked one. The complainant when was decided by the office of the O.P.No.3, the policy is unit linked one, submitted for refund of Rs.4,50,000/- alongwith accrued interest. Against submission of documents, the O.P.No.3 issued acknowledgement copy on 04.06.2013. Against the total deposit of Rs.4,50,000/- the O.Ps paid sum of Rs.4,33,389.15 paisa on dated 16.06.2013. The O.Ps instead of payment of Rs.4,50,000/- towards total deposit alongwith interest have paid Rs.26,000/- less which is nothing, but unfair trade practice. Thereafter the O.P. through Sweeta from Delhi in Mobile No. 917838040929 and one Kapil in Mobile No. 919540315255 made regular contact saying that sum of Rs.26,000/- has been left in Agent’s code. To get back the said amount of Rs.1,26,000/- said officers instructed to deposit Rs.30,000/- immediately. With the hope of receiving back of the balance amount, the complainant deposited Rs.30,000/- only on 30.12.2013 through AXIS Bank. But the ops have issued another new insurance policy bearing no.: 16531129 on 01.01.2014 in favour of the complainant instead of taking any tangible steps to refund of the rest amount as per communication made by the officials of the Ops from the Delhi. For said new policy, neither implicit consent has been given nor has any documentary information been submitted by the complainant to the ops. The ops have created the said new policy as per their will and pleasure. The O.Ps have sue-moto snatched Rs.30,000/- from Axis Bank Account No. 212010100118316 of the complainant on dated 27.06.2014 without any notice/information to the complainant.  Alleging deficiency in service on the part of the O.Ps the complainant prayed to direct the O.Ps to refund Rs.16,000/- alongwith interest on Rs.4,50,000/-, Rs.60,000/- collected under unfair trade practice, Rs.20,000/- towards compensation and costs of litigation of Rs.4000/- in the best interest of justice.

3. The O.Ps filed written version through his advocate. It is stated that the complainant Mr. Mohammed Sharif had obtained a policy being “HDFC UNIT LINK PENSION II”(name of the policy) bearing policy No. 12394165 vide on proposal form dated 26.11.2008 for a period of 15 years on an half yearly mode of premium payment of Rs.50,000/-. In the said proposal form the complainant had declared that he had read and understood the terms and conditions of the insurance plan/policy obtained. Only after being convinced and satisfied with the terms and conditions explain in the relevant sales literature and illustration complainant had filled and duly signed the proposal for issuance of the said policy. The O.Ps after taking due consideration of the aforesaid proposal received and had accepted the same and issued/converted into an insurance policy. The policy document when dispatched to the complainant is accompanied by a letter where in option to return was stated as per regulation 6(2) of protection of policy holders interest regulation Act 2002 under which the policy holder has the option to return the policy stating the reason there on within 15 days of receipt of the policy documents in case the policy holder is not agreeable to the provision stated in the policy but the complainant did not exercise his right to cancel the policy within the free look period as he was very much agreeable with the terms and conditions of the policy. The complainant was paying his premium regularly and on dated 04.06.2013 had submitted the surrender for and payment evaluation form which is duly filled and signed by the complainant and all of a sudden surrender the policy and ask for an refund for the deposit amount which is duly calculated as per terms and conditions of the policy and the fund value which was paid to the complainant by way of NEFT an amounts of Rs.4,33,389.15 as on dated 10.06.2013 which was received by the complainant. The Ops further stated that, they have issued/converted into an insurance policy namely ‘HDFC SL Classic Assure Insurance Plan bearing policy no.:16531129 vide on proposal form dtd:27.12.2013 for a period of 10 years on an half yearly mode of payment Rs.30,000/- for a premium paying term of seven years after taking due consideration. Thereafter, the ops has submitted that, the complainant has paid two half yearly premium had stop the payment and accordingly the said policy was lapsed due to non-payment of premium. There has been no harassment and trouble, loss of business, physical inconvenience and mental agony or harassment on the part of the complainant and the O.Ps are not liable to make any compensation as per the provision of the consumer act in view of the fact that there has been no deficiency of service from O.Ps. Hence the O.Ps prayed to dismiss the complaint with cost in the best interest of justice.

4. On the date of hearing the advocate for complainant is present. The O.Ps are absent and not filed their evidence on affidavit and written argument in any point of time. We heard argument from the Ld. Counsel for complainant at length.  We perused the complaint petition, written version, written argument and documents available in the case record. The complainant deposited Rs.4,50,000/- bearing policy Number 12394165 but the O.Ps refunded Rs.4,33,389.15 paisa on 16.05.2013 and retained Rs.16,000/- on filling of the surrender application. The O.Ps insisted through their officials instructed for deposit of Rs.30,000/- to get back the balance money of Rs.1,26,000/- and accordingly the complainant deposited Rs.30,000/- on 30.12.2013. We perused the records and documents under Annexure-G filed by the ops along with the written version, it apparent that, the ops have fabricated the certain information from the first insurance policy and appended on the second proposal form and incorporated wrong personal information regarding insured in the second proposal form which were mentioned therein in compared to the first proposal form. And issued second insurance policy namely ‘HDFC SL Classic Assure Insurance Plan’ bearing policy no.:16531129 dtd:27.12.2013 for a period of 10 years on an half yearly mode of payment Rs.30,000/-. The ops have misappropriated the money of Rs.30,000/- which was deposited by the complainant on 30.12.2013 for which the officials have demanded to the complainant to deposit in the ops account. Secondly, the ops have withdrawn and transfer an amount of Rs.30,000/- from the account of the complainant on 27.06.2014 towards said insurance policy without any consent from the complainant. It clearly reveals that the O.Ps are deficient in services and rendered unfair trade practices. In the instant case, the ops have not only misappropriated the deposited amount but also misutilised the personal data/information provided by the complainant to them.

   5. In the result we direct the O.Ps who are jointly and severally liable to refund Rs.76,000/- with 9% interest per annum to the complainant from the date of filling of the case i.e., 03.11.2015 within 45 days from receipt of this order. Further the O.Ps are also directed to pay Rs. 4,000/- as cost of litigation to the complainant within the above stipulated period failing which the complainant is at liberty to take appropriate steps in accordance to the Consumer Protection Act, 2019 for realization of all dues @ 12% interest per annum till its actual date of realization. This case is disposed of accordingly.

The Judgment be uploaded on the www.confonet.nic.in for the perusal of the parties.

A certified copy of this Judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 2019 or they may download same from the www.confonet.nic.in to treat the same as if copy of the order received from this Commission.

The file is to be consigned to the record room along with a copy of this Judgment.

Pronounced on 18.09.2023.