Delhi

East Delhi

CC/1181/2014

SAIN DAS ARORA - Complainant(s)

Versus

RELIANCE LIFE INS. - Opp.Party(s)

28 Sep 2018

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

 

C.C. NO. 1181/14

Mr. SAIN DASS ARORA

R/O H.NO. A-66,

PREET VIHAR,

NEW DELHI-110092

•  

 

Vs

 

 

RELIANCE LIFE INSURANCE COMPANY LTD.

PREET VIHAR DELHI-110092

ALSO AT.

RELIANCE LIFE INSURANCE COMPANY

H-BLOCK 1^ST FLOOR DHIRUBHAI AMBANI

KNOWLEDGE CITY, NAVI MUMBAI,

MAHARASHTRA- 400710                                                                            ….Opponent

 

Date of Institution: 31.12.2014

Judgment Reserved for: 28.09.2018

Judgment Passed on: 03.10.2018

CORUM:

Sh. SUKHDEV SINGH                  (PRESIDENT)

Dr. P.N. TIWARI                            (MEMBER)

Ms. HARPREET KAUR CHARYA (MEMBER)

 

ORDER BY: MS. HARPREET KAUR CHARYA (MEMBER)

JUDGEMENT

1. Jurisdiction of this forum has been invoked by complainant Shri Sain Dass Arora against, Reliance Life Insurance Company Ltd., with allegations of deficiency in services and unfair trade practice.
2. Briefly stated the facts of the present complaint are that the complainant had taken a policy from ICICI prudential Life Insurance Company Ltd. Vide Policy No. 0834448 and Rs.69,790/- had been deducted by the said insurance company. On 18.03.2008, the complainant received a call from the representative of the OP stating that the complainant could get Rs.69,790/- back in case he purchased the policy of OP i.e. Reliance Life Insurance co. Ltd. It has been stated that on the assurance the complainant issued cheque No. 6907561 of dated 20.11.2013, for Rs.50,000/-. It has been stated that the said amount has not been refunded and on enquiry the complainant did not get any satisfactory reply. A letter dated 24.12.2014 was sent to OP which remained unreplied. It has been stated by the complainant that as per IRDA notification chapter 11benefit discloser condition no. 43 (b) “such benefit illustration shall be signed by both the prospective policy holder and the intermediary and shall form part of the policy documents” but the respondent failed to obtain signatures of the complainant. Despite several visits the amount mentioned above was neither refunded nor any satisfactory reply was given. Hence the present complaint with prayer for directions to OP to refund Rs.50,000/- with 18% interest; Rs. 40,000/- as compensation for mental agony and harassment, and Rs.8,000/- as cost of litigation.

The complainant has annexed the policy cover note, first premium receipt, policy terms and conditions along with proposal form, e.mail dated 29.11.2018 and letter dated 24.12.2014 with the complaint.

3. Written statement was filed on behalf of OP upon service of notice of the present complaint where they have taken several pleas in their defense such as the complainant was well aware of the terms and conditions; the complainant had failed to exercise the option of free look period. It was submitted that the complainant being an educated person had got the signatures of his son Mr. Sandeep Arora, without any inducement on proposal form/ application number D1385752 of dated 29.11.2013 for which policy number 51338887 was issued. The said policy document was dispatched vide speed post no. EA627983026IN and the same were received by complainant on 06.12.2013. It was further submitted that OP had no concern with the ICICI Prudential Life Insurance Company and both of them are separate entity. It was also submitted that the letter dated 24.12.2014 was duly replied by the OP of dated 26.12.2014, stating that the request for cancellation was beyond the stipulated free look period of 15 days from the date of receipt of policy bond. Rest of the contents of the complaint have been denied.     
4. Rejoinder to the written statement was filed by the complainant where the submissions made by the OP were denied and the averments of the complaint were reaffirmed.
5. The complainant filed his evidence by way of affidavit and has deposed on oath the contents of the complaint however certain new facts have been mentioned in the affidavit which cannot form a part of the pleadings.

Shri Amal Srivastava, Territory Manager of OP was examined on behalf of OP, who has also reiterated the contents of their reply.

6. We have heard the submissions on behalf of the Ld. Counsels for both the parties and have perused the material placed on record. The complainant has stated that he was assured by the representative of OP that an amount of Rs. 69,790/- shall be refunded within 40 days in case the complainant purchased the policy from OP. Issuance of policy and receipt of the policy documents along with proposal form is an admitted fact. The complainant has annexed the covering letter wherein it has been mentioned ”in the event, you are in disagreement with terms and conditions of this plan you may wish of opt out of this plan, by stating the reason of your disagreement and return the policy documents to the company within 15 days of its receipt, for cancellation”. It is settled principle of law that once the complainant has failed to exercise his option of cancellation within a free look period he cannot allege deficiency in services and unfair trade practice on part the of OP. Even if assuming, that the complainant was assured the refund of amount of Rs.69,790/- within 40 days, the complainant has written a letter on 24.12.2014, only, which is almost after one year of receipt of policy document. Therefore, when the complainant did not exercise the option of cancellation within free look period, he cannot allege deficiency in service and unfair trade practice against OP.  

Hence, the present complaint is dismissed being devoid of merit without order to cost.

Copy of this order be sent to both the parties as per law.

 

 

(Dr. P.N. TIWARI)                                                                    (HARPREET KAUR CHARYA)              

      MEMBER                                                                                            MEMBER

 

                                                (SUKHDEV SINGH)

                                                PRESIDENT