BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR.
Consumer Complaint No. 544 of 2015
Date of Institution: 27.08.2015
Date of Decision :20.04.2016
Raman Kumar aged 34 years S/o Sh. Banwari Lal, R/o VPO Ranian, Tehsil Ajnala District Amritsar
Complainant
Versus
- Reliance Life Insurance Co.Ltd., 3rd Floor, Eliment Mall, Mall Road, Amritsar
- Reliance Life Insurance Co.Ltd., Regd.Office- H Block, Ist Floor, Dhirubhai Ambani Knowledge City, Navi Mumbai, Maharashtra-400710 (India)
Opposite Parties
Complaint under section 11 & 12 of the Consumer Protection Act, 1986
Present: For the Complainant : Sh.Deepinder Singh,Advocate
For the Opposite Parties 1 & 2: Sh. Rajesh Sabharwal,Advocate
Coram
Sh.S.S.Panesar, President
Ms.Kulwant Kaur Bajwa, Member
Sh. Anoop Sharma, Member
Order dictated by:
Sh.S.S. Panesar, President.
1. Raman Kumar, complainant has brought the instant complaint under section 11 & 12 of the Consumer Protection Act, 1986 on the allegations that complainant purchased one Life Insurance Policy bearing No. 52076536 with date of commencement 18.2.2015 in his name from opposite party No.1 through its authorized agent/representative for annual premium of Rs. 30,000/-, for a period of 10 years. It was specifically told to the complainant by the concerned agent/representative of the company that policy bond and other related documents will be delivered at his him/residential address within 15-20 days. The complainant signed the required/requisite forms/documents at the instance of the said agent/representative and accordingly , mobile message was sent to him through SMS regarding commencement of his date policy w.e.f. 18.2.2015 and he was asked to send the policy documents within a short period. But , however, same were not received by the complainant for such a long period. In this respect, complainant approached the local office of the opposite parties from time to time and enquired about the policy documents. But they had been assuring the complainant that same would reach him directly at his home/residential address. But to no avail. Ultimately, on 28.3.2015 complainant received an acknowledgement regarding cancellation of policy after requests of 4-5 times. In this regard, an SMS was also received stating that the cancellation formalities are under process. But after passing of about four months period, the complainant neither received any further message nor received the amount of premium of Rs. 30000/-. The complainant had been requesting the opposite parties from time to time , but to no effect. This amounts to great unfair trade practice, deficiency in service on the part of the opposite parties and the complainant has suffered a mental pain, agony, harassment, inconvenience at their hands , for which the complainant is entitled to compensation of Rs. 40000/-,besides cost of proceedings and refund of Rs. 30000/- with interest on it. Hence, this complaint.
2. Upon notice, opposite parties No.1 & 2 appeared through counsel and filed written reply taking preliminary objections therein inter alia that the complainant is stopped from filing the present complaint by his own acts, conduct , omissions and acquiescence ; that the complainant has no cause of action to file the present application ; that the complaint being false, frivolous and vexatious and is liable to be dismissed under section 26 of the Consumer Protection Act as the complainant has failed to make out a case of deficiency of service as alleged or otherwise within the meaning of Consumer Protection Act, 1986, hence the present complaint is not maintainable ; that complainant has concealed and suppressed the material and relevant facts of the case. The complaint has been filed with malafide and dishonest intention and has not only concealed the material facts from the Forum but also twisted and distorted the same to suit their own convenience and to mislead the Forum. It is submitted that complainant has acted in bad faith with respect to subject of the complaint and has approached the Forum with unclean hands, hence in view of doctrine of clean hands, complaint deserves to be dismissed; that the complaint is devoid of any material particulars and has been filed merely to harass and gain undue advantage and unjustified monies from the opposite parties and hence the complaint deserves to be dismissed in limini ; that the complainant has failed to setup nexus between the damages claimed in the present complaint and the damages suffered by him. The damages claimed is arbitrary, without basis and is an abuse of process of law ; that the opposite parties crave the leave of this Forum to file the additional reply/counter, if later on any new facts came into the knowledge of the opposite parties ; that the answering opposite parties are entitled to get the special cost of Rs. 25000/- from the complainant for unnecessarily dragging the answering opposite parties into uncalled litigation . On merits, facts narrated in the complaint have been specifically denied . It is submitted that cancellation request of the complainant was beyond the free look period. In this case free look period elapsed on 22.3.2015 and the complainant was conveyed this fact vide letter dated 7.4.2015. Infact the complainant has suppressed the material facts from this Forum and it is a settled preposition that “one who seeks equity must do equity” and a prayer for dismissal of the complaint with cost was made.
3. In his bid to prove the case , complainant made in the witness box and filed duly sworn affidavit Ex.C-1, besides producing documents i.e. copy of bank statement Ex.C-2, copy of acknowledgement receipt Ex.C-3 and closed the evidence on behalf of the complainant.
4. To rebut the aforesaid evidence, opposite parties produced affidavit of Sh. Porush Deewan, Sr. Manager, Reliance Life Insurance Company Ltd,Amritsar Ex.OP1, copy of reply of request for policy cancellation dated 7.4.2015 Ex.OP2, copy of letter from post office regarding confirmation of despatch of policy documents Ex.OP3, copy of proposal form alongwith KYC Ex.OP4, copy of letter dated 8.2.2016 of Sr. Post Master,Amritsar Ex.OP5, copy of preservation of postal records Ex.OP6, CD Ex.OP7 and closed the evidence on behalf of the opposite parties.
5. We have heard the ld.counsel for the parties and have also carefully gone through the record.
6. On the basis of the evidence on record, ld.counsel for the opposite parties have vehemently contended that the policy in dispute was duly despatched to the complainant through postal authorities, which was actually delivered to the complainant. The complainant has filed the instant complaint simply to claim damages without any rhyme or reason. The postal authorities have also produced documents regarding despatch of the policy as well as the records regarding the delivery of the post to the complainant. As a matter of fact, the complainant wanted to get the Insurance policy in dispute surrendered , after the expiry of the period of free look , which was declined by the opposite parties. It is further contended that there is no deficiency in service or negligence on the part of the opposite parties. The instant complaint is nothing but an abuse of the process of law and the same may be dismissed with cost in accordance with law.
7. At the very outset, ld.counsel for the complainant has vehemently contended that if the complainant has not been able to make out a case for cancellation/surrender of the policy in accordance with law, he may be issued the Insurance policy in his favour, from the opposite parties and a direction in that regard may be issued to the opposite parties. Opposite parties also had no objection, if the fresh insurance policy is directed to be issued in favour of the complainant, on the basis of the documents already received from the complainant. At this stage, the complainant stated that although the policy in dispute was required to be issued to the complainant immediately on receipt of the premium as well as filling of the proposal form, yet the lapse on the part of the opposite parties in not issuing the Insurance policy alongwith terms and conditions is a serious lapse on the part of the opposite parties and for that purpose, the complainant may be granted adequate compensation, besides granting cost of litigation.
8. From the perusal of the record, it becomes evident that the opposite parties have failed to prove on record that the post containing Insurance policy was actually delivered to the complainant. No postal employee/postman has been examined by the opposite parties to prove the actual delivery of the post containing the Insurance policy in favour of the complainant and in that eventuality, the inference which could be drawn under the circumstances, would be that, post containing the alleged Insurance policy did not reach the addressee. We find support on this point from case titled as ICICI Prudential Life Insurance Company Limited Vs. Jasjit Walia in First Appeal No. 1602 of 2012 decided on 22.1.2013 by the Hon’ble State Commission, Punjab, Chandigarh, that where a person who delivered the shipment has not been produced nor his affidavit has been filed and where the shipment has been delivered to 3rd person, same cannot be considered as the delivery of the policy to the complainant. The evidence adduced on record pertain to confirmation of dispatch of the policy or preservation of postal records. But there is no evidence that the post actually met the addressee. It exhibits deficiency in service on the part of the opposite parties and it becomes amply clear that the Insurance policy was not delivered to the complainant as per terms and conditions of the policy & as such, the complainant is required to be adequately compensated with costs besides issuing the requisite Insurance policy w.e.f. 18.2.2015 for a further period of 10 years. However, Insurance premium due w.e.f 17.2.2016 be paid by the complainant.
9. Consequently, the complainant has succeeded in proving his case and the opposite parties are directed to issue the requisite Insurance policy in favour of the complainant within 30 days of the receipt of the copy of this order . The complainant is also awarded compensation to the tune of Rs. 5000/- ( Rs. Five thousand only) as well as litigation expenses to the tune of Rs. 2000/- (Rs.Two thousand only). If no compliance is made within the stipulated period, as stated above, the awarded amount shall carry interest @ 6% p.a from the date of the passing of the order until full and final recovery. The complainant shall be also at liberty to get this order enforced through the indulgence of this Forum. The complaint stands allowed accordingly. Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.
Announced in Open Forum
Dated : 20.4.2016
/R/ ( S.S.Panesar )
President
( Kulwant Kaur Bajwa) (Anoop Sharma)
Member Member
