Complaint presented on : 09.04.2013
Order pronounced on : 25.03.2015
DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (NORTH)
2nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3
PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L., : PRESIDENT
TMT.T.KALAIYARASI, B.A.B.L., : MEMBER II
WEDNESDAY THE 25th DAY OF MARCH 2015
C.C.NO.81/2013
Mrs. Malarvizhi Magesh,
37/16, Everest Colony,
Paari Salai, Mogappair,
Chennai - 600 037. .. Complainant
..Vs..
| | 1.Policy Bazaar.com, Rep, by its Director, Having their Registered office at Flat No: 601, Tower III, Melibu Towne, Gurgaon – 122 003, Haryana. Operation office at No: 119, Ground Floor, Sector 44, Gurgaon – 122 001 Haryana. 2. Star Health andAllied Insurance Company Ltd., Rep. by its Managing Director, Regd.Office at No.1, New Tank Street, Valluvar Kottam High Road, Nungambakkam, Chennai – 600 034. | |
| | | … Opposite parties |
Date of complaint : 10.04.2013
For Complainant : Mr.T.K. Prem Kumar
For Opposite parties 1$ 2 : N,Vijayaraghavan, M.B.Raghavan
O R D E R
BY PRESIDENT THIRU. K.JAYABALAN B.SC., B.L.,
This complaint is filed by the complainant u/s 12 of the Consumer protection Act 1986.
COMPLAINT IN BRIEF:
1) The 1st Opposite Party is an Insurance website which provides service to the General Public in securing insurance policies with various insurance companies and the 2nd Opposite Party provides Health Insurance Policies to the general public. An Insurance Health Policy was issued to the complainant’s father Mr.Kuppusamy for the period 04.11.2009 to 03.11.2010 midnight and the said policy renewed on 30.10.2010 for the period 04.11.2010 to 03.11.2011. The Complainant received an email on 18.10.2011 from the 1st Opposite Party claiming to be the partner of the 2nd Opposite party requested payment of Rs.9,326/- for the renewal of policy for the period from 06.11.2011 to 03.11.2012 midnight. The 1st opposite party web page stated that the 1st Opposite party was in fact in partnership with the 2nd Opposite party (Star Health Insurance). Hence the complainant paid Rs.9,326/- through SBI Railway card on 21.10.2011 covering the period 04.11.2011 to 03.11.2012. The 1st opposite party acknowledged the payment via email dated 22.10.2011 and informed policy would be issued in 15 to 20 days. On 10.12.2011 complainant sent an email to the opposite party that she is yet to receive the policy, the 1st Opposite Party replied that her request already forwarded to the 2nd Opposite Party. Then the complainant contacted the 2nd opposite party they replied that they have yet to receive payment. The Complainant sent another email on 02.11.2012 to 1st opposite party marking copy to Opposite Party 2nd for want of policy, she is unable to renew the policy for the period 2012-2013. Due to non receipt of new policy the complainant put to untold hardship and mental agony and therefore opposite party 1 & 2 committed deficiency in service. Hence the complainant filed the complainant claiming compensation, refund of money, issue of policy with costs.
2)The 1st Opposite party remained Exparte. Written version of 2nd Opposite party in brief:
There is no privity of contract between the complainant and this Opposite party. The Complainant did not approach this Opposite party directly for renewal of Insurance by paying premium. The Complainant appears to be approached only the 1st Opposite party and also appears to have paid premium to them alone. The remedy for the Complainant may lie any other entity who have been at fault and not this Opposite party. The Complainant approached the 1st Opposite party policy bazaar belatedly after 29 days, much after the expiry of the previous policy on 2.11.2011. Therefore the Complainant has not made out any case for renewal of policies for the period 2011-2012 and 2012-2013. Therefore this Opposite party prays to dismiss the Complainant.
POINTS FOR CONSIDERATION:
1.Whether the Opposite parties 1 & 2 committed Deficiency in service?
2.To what relief the Complainant is entitled in this Complainant?
POINT : 1
3)The Complainant father Mr.Kuppuswamy was insured with the 2nd Opposite party for the period 4.11.2009 to 3.11.2010 and 4.11.2010 to 3.11.2011 which is evidenced under Ex B1 & B2.The Complainant wanted to renew the Insurance Policy to Mr.Kuppuswamy and hence she paid a sum Rs.9,326 premium amount through SBI railway Card through online on 21.10.2011 to the 1st Opposite party and such payment was evidenced by Ex A3 statement and the 1st Opposite party also acknowledged the above said payment under Ex A4 for renewal of Health Insurance from Star Health and Allied Insurance Company Limited. The Complainant sent email to the Opposite parties Ex A6 & A7 to send the policy and since he had not received the renewed policy, he issued Ex A8 legal notice and the same was acknowledged under Ex A9 by the Opposite parties.
4)The Complainant would contend that though he had paid premium to renew the Health Insurance Policy, the 2nd Opposite party have not renewed the same for the period 4.11.2011 to 3.11.2012 and therefore he also issued reminders through emails even after that the Opposite parties have not renewed the same. The 2nd Opposite party would contend that the Complainant would have paid the premium to the 1st Opposite party and they have not received the payment for renewal of the Policy and hence they have not renewed the same and further there is no privity of contract between the 2nd Opposite party with the complainant and hence prays to dismiss the Complainant.
5)Ex A10 is the webpage of 1st Opposite party policy bazaar.com and it states that the policy bazaar having relationship with prominent companies across India and they utilize this partnership to enhance their services and to show the price policies details directly from the Insurers. The above said webpage have the various logo symbol of various Insurance Company and in which the Star Health Insurance Logo is also available. The first opposite party stated in Ex A2 to renew policy only for Star Health. On that basis the payment was made. Further the first opposite party also acknowledged through Ex A4 that online payment received for Health Insurance renewal from star Health and Allied Insurance company limited. Therefore from EX A10 web page, EX A2 letter of OP2 and EX A4 acknowledgement of OP2 establishes that there is a privity of contract between the opposite parties 1 and 2 and further it is crystal clear that the 1st opposite party received premium payment to be renewed only by the 2nd opposite party.
6)It is an undisputed fact that the first opposite parties collected premium from the complainant to renew the policy for the period 4.11.2011 to 3.11.2012 and the second opposite party failed to renew the same. As the privity of contract exist between the first and second opposite parties, having the first opposite party collected the premium, the 2nd opposite party ought to have renewed the policy. It is immaterial that whether the second opposite party received payment from the first opposite party or not, in view of privity of contract exist among the opposite parties.
7)The 2nd opposite party contended that the complainant sought to renew the policy belatedly after 29 days as the policy expiring on 02.11.2011.The payment by EX A3 made on 21.10.2011 and it was acknowledged by the first opposite party on 22.10.2011, before expiry of policy on 02.11.2011. Therefore we don’t find that the complainant sought for renewal of policy after the expiry of the previous policy on 3.11.2011.
8)Since the complainant paid the premium before the expiry of the policy period to the first opposite party and the second opposite party who has privity of contract with the 1st opposite party failed to renew the policy, establishes that the opposite parties 1 and 2 to committed deficiency in service.
POINT:2
9)As the Opposite parties failed to renew the policy in spite of receipt of premium amount, certainly that could have caused mental agony to the Complainant is acceptable and for which the Complainant is entitled for compensation from them. Apart from that the Complainant sought relief to refund a sum of Rs.9326/- and also to renew the policy for the period 2011-2012 and 2012-2013. The sum of Rs.9,326/- paid only to renew the policy for the period 2011- 2012. Therefore such a premium amount can’t be refunded and on the other hand as the Opposite parties committed Deficiency in service failed to renew the policy, they have to be directed to renew the policy for the period 2011-2012 for the premium received by them. Like wise, it would appropriate to direct the Opposite parties to renew the policy for the period 2012-2013, after receiving the premium amount for the said period. Therefore such relief’s the Complainant is entitled apart from cost of the Complaint.
In the result, the Complaint is partly allowed. The 2nd Opposite party is directed to renew the policy in the name of Kuppuswamy for the period 2011-2012 and also the 2nd opposite party should issue demand for the payment of premium towards the period 2012-2013 within two weeks from the date of this order and on such issue of the demand of the 2nd opposite party, the complainant is directed to pay the premium amount within two weeks and on complying the condition’s imposed above, the 2nd opposite party directed to issue the policy for the period 2012-13 within two weeks . Further, the Opposite parties 1 & 2 are jointly and severally directed to pay a compensation of Rs.50,000/- to the Complainant, besides a sum of Rs.3,000/- towards cost of the Complaint. The above amounts shall be payable to the complaint within six weeks from the date of receipt of copy of the order, failing which the above said amount shall carry interest at the rate of 9% per annum till the date of payment.
Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 25th day of March 2015.
MEMBER – II PRESIDENT
LIST OF DOCUMENTS FILED BY THE COMPLAINANT:
Ex.A1 Dated 30.10.2010. Medi-claim Policy for 2010 to 2011.
Ex.A2 Dated 18.10.2011. E-mail form the first opposite party to the
Complainant.
Ex.A3 Dated 21.10.2011. Bank monthly statement.
Ex.A4 Dated 22.10.2011. E-mail form the first opposite party to the
Complainant(4.04 PM).
Ex.A5 Dated 10.12.2011. E-mail form the first opposite party to the
Complainant (11.19 AM).
Ex.A6 Dated 10.12.2011. E-mail form the first opposite party to the
Complainant(12.07 PM).
Ex A7 Dated 02.11.2011. E-mail form the first opposite party to the
Complainant(6.28 PM).
Ex A8 Dated 17.12.2012. Legal notice issued to the Opposite Parties.
Ex A9 Dated Acknowledgement Card.
LIST OF THE DOCUMENTS FILED BY THE OPPOSITE PARTIES:
Ex B1 Dated NIL Star Senior Citizens Red Carpet Insurance
Policy for 4.11.2009 to 3.11.2010.
Ex B2 Dated NIL Star Senior Citizens Red Carpet Insurance
Policy for 4.11.2010 to 3.11.2011.
MEMBER – II PRESIDENT
