Delhi

New Delhi

CC/728/2013

Rajesh Gupta - Complainant(s)

Versus

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

16 Mar 2015

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR,

VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110002.

 

Case No.CC/728/13                                                                                                                                                                                Dated:

In the matter of:

Mr. Rajesh Gupta,

D-1/33, Janakpuri, New Delhi

……..COMPLAINANT

       

VERSUS

 

1. HDFC Standard Life Insurance Co. Ltd.,

        1^st FL, H-69, outer Circle, C.P, New Delhi-01

 

2. The Principal Grievance Redressal Officer,

        HDFC Standard Life Insurance Co. Ltd.,

        5^th FL, Eureka Tower, Mind Space Complex,

        Link Road Malad (West), Mumbai

                                         ……..OPPOSITE PARTIES

 

ORDER

Member: S.R Chaudhary

 

The Complainant’s wife Smt. Jyoti Gupta had availed a pension super policy with OP vide bearing no.13559230 on 26.03.10 as per annexure II on monthly premium of Rs.10,000/- through ECS facility. Last ECS was honored on 26.10.11. Suddenly Mrs. Jyoti Gupta expired on 14.12.11 and claim was filed as per Annexure-2 but OP settled the claim of Rs.45,640.25/- vide letter dated 21.02.12 informing that the policy in question was lapsed from 26.11.11. This was without any intimation to the complainant, nor the ECS mandate was availed though there were more than Rs.1,49,465.71/- in the account of deceased Jyoti Gupta. No notice was issued before terminating the policy. Thus complaint was filed but OP was proceeded exparte on 18.11.13.

As per exparte evidence clearly the deceased had bank a/c pertaining in UCO bank which is reproduced and stated as under:

“ TO WHOM SO EVER IT MAY CONCERN

This is to Certify that Mr. Rajesh Gupta & Mrs. Jyoti Gupta of D1/33 Janakpuri, New Delhi are maintaining their account no.094801100095 since 18.02.10 and the balance in their account on 26.11.11 was Rs.1,49,465.71/- (Credit) (Rupees One Lac Forty Nine Thousand Four Hundred Sixty Five Paisa Seventy One Only). Further no debit ECS was received on 26.11.11 in the above mentioned account. “

 

Thus it appears that OP HDFC is sole deficient as he had not processed the ECS as per bank certificate dated 27.02.12, reproduced above, which is clear case of deficiency and unfair trade practices on the part of OP HDFC life. OP has chosen to hide rather than explaining its conduct.

Thus, holding OP guilty of deficiency in service, OP is directed to refund insured value as on date of death i.e. Rs.2,40,000/- plus Rs.1,000/- along with 9% interest till payment to nominee complainant, who is husband of deceased. We also award Rs.10,000/- as compensation for harassment inclusive of litigation expenses.

The order shall be complied within 30 days of the receipt of the copy of the order; otherwise action can be taken against OP under Section 25 / 27 of the Consumer Protection Act.

File be consigned to record room.

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

 

 

        Pronounced in open Court on 16.03.2015.

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

(S.R. CHAUDHARY)                 (Ritu Garodia)

MEMBER                                  MEMBER