DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

                                      Consumer Complaint No. 164 of 4.5.2017

                                      Decided on:   1.9.2021

Ram Krishan S/o Sh.Biru Ram, resident of Near Gurudwara Sahib, V.P.O. Karhali, Tehsil and District, Patiala.

                                                                   …………...Complainant

                                      Versus

1. SBI Life Insurance Co. Ltd., through its Area Manager, SCB-7,Ist Floor, Chhoti Baradari, Patiala.
2. Regional Head, SBI Life Insurance Co. Ltd., SCO 109-110, Sector -17,Chandigarh

                                                                   …………Opposite Parties

                                      Complaint under the Consumer Protection Act.

QUORUM

                                      Sh. Jasjit Singh Bhinder, President

                                      Dr.Harman Shergill Sullar, Member

ARGUED BY

                                      Sh.Surinder Gera, counsel for complainant.

                                      Sh.Puneet Gupta, counsel for OPs.                               

 ORDER

                                      JASJIT SINGH BHINDER,PRESIDENT

1. This is the complaint filed by Ram Krishan (hereinafter referred to as the complainant) against SBI Life Insurance Co. Ltd. (hereinafter referred to as the OP/s) under the Consumer Protection Act,2019 (hereinafter referred to as the Act).
2. Briefly the case of the complainant is that on the assurance of representative of OPs for getting scheme of insurance of life in which the complainant has to pay Rs.6 lakh per annum continuously for a period of five years and upon maturity thereof he will get amount alongwith interest 1% above bank’s normal rate of interest and  that there is no requirement to undergo any medical examination under this scheme.Accordingly,  the complainant visited State Bank of Patiala, Branch Office District Courts, Patiala on 6.12.2016 for obtaining the policy where one Mr.Deepak got signed some blank papers from the complainant. Further a sum of Rs.6 Lakh was debited to saving account No.65178152232 in State Bank of India in the name of complainant and credited to the account of the bank for the policy in question.
3. It is further averred that the complainant was asked to come on 17.12.2016 for medical checkup from 9.30AM to 10AM at Balaji Diagnostic and Clinic Laboratory, Patiala, where the complainant reached with empty stomach and was referred to Garg Missionary Hospital, Patiala where various tests were conducted . The doctor also got signed some blank papers .The complainant objected to the procedure adopted by the authorities of the said hospital for medical examination as the complainant was asked to remove all his clothes and made to sit in the room without any heater from 10AM to 11.30AM continuously. It is further averred that the complainant being sugar patient was not allowed to even drink or take any food upto 12Noon. It is further averred that thereafter the complainant received phone call on 22.12.2016 for undergoing some tests again for which the complainant refused. It is averred that the OPs have sold the policy with malafide intention.  Being dissatisfied with the procedure of the OPs, the complainant wrote a letter with the request to the OP for the cancellation of insurance proposal and also for the refund of the amount of Rs.6,00,000/-.It is averred that the OPs refunded the amount but without any interest. It is averred that due to the mal practice of the OPs the complainant caused mental agony, pain and physical harassment. On this back ground of the facts, the complainant has filed the present complaint with the prayer to accept the same by giving directions to the OPs to pay Rs.25000/-as interest on the amount of Rs.6,00,000/-; to pay Rs.50,000/-as compensation and also to pay Rs.10,000/-as litigation expenses.
4. Upon notice OPs appeared through counsel and contested the complaint by filing written reply. In the reply preliminary objections have been raised to the extent that the present complaint is not maintainable for want of territorial jurisdiction of this Hon’ble Forum; that the complainant is not the consumer of the OPs as he had not availed any services from them. It is further pleaded that the OPs cancelled the proposal submitted by the complainant on his request and refunded initial deposit amount to him and thus the complaint is liable to be dismissed.
5. On merits, it is submitted that Sh.Ram Krishan, submitted proposal No.2BAP431081 dated 6.12.2016 for SBI Life-Smart Privilege LP-Series 1 alongwith initial premium deposit of Rs.6,00,000/- through electronic fund transfer dated 6.12.2016 and the OPs raised medical requirements and arranged medical tests and reports through third party administrators. It is further submitted that as per the confirmation dated 24.6.2017 received from Balaji Diagnostic & Clinical Laboratory   where the complainant visited on 19.12.2016 and full medical test was done and thereafter he was asked to visit Garg Mission Hospital, Patiala and necessary medicals were done on the same day about which the medical requirements were received by the OPs on 20.12.2016. It is further submitted that as the complainant has proposed for a very high sum assured of Rs.60,00,000/- and he has to pay the premium of Rs.6,00,000/-per year and as the OPs observed that the medical reports submitted by the complainant were not in order so he was asked for repeat medical tests vide letter dated 23.12.2016.
6. It is further submitted that the OPs received letter dated 29.12.2016 for cancellation of the proposal and refund of premium on the basis of which the OPs cancelled the proposal and refunded the deposited amount of Rs.6,00,000/-.There is thus no mal practice or deficiency of service on the part of the OPs. After denying all other averments the OPs have prayed for the dismissal of the complaint.
7. In support of the complaint, the ld. counsel for the complainant has tendered in evidence Ex.CA affidavit of the complainant alongwith documents Exs.C1 to C3 and closed the evidence.
8. On the other hand, the ld. counsel for the OPs has tendered in evidence Ex.OPA affidavit of Ms.Dhanya K P Manager (Legal) alongwith documents Ex.OP1 to OP9 and closed the evidence.
9. We have heard the ld. counsel for the parties and have also gone through the record of the case, carefully.
10. The ld. counsel has argued that the complainant approached the OPs for SBI Life Insurance policy where under Rs.6Lakh was to be paid per year for five years. The ld. counsel further argued that the complainant took SBI Life Insurance policy of the OPs and paid Rs.6lakh as first premium. The ld. counsel further argued that his medical examination was done but after that he was said again for medical examination but the complainant refused. The ld. counsel further argued that thereafter amount was returned after one month but the interest was not paid. So the complaint be allowed and the interest of Rs.1lak be got made from the OP.
11. On the other hand, the ld. counsel for the OPs has argued that the complainant was requested to go again tread mill tests but he refused to do so .The ld. counsel further argued that the insurance company has to pay the fee of the doctors and the amount was returned. So complaint be dismissed.
12. To prove this case, the complainant has tendered his affidavit,Ex.CA and he has deposed  has per the complaint, Ex.C1 is the application for the refund of the amount of Rs.1Lakh dated 29.12.2016; Ex.C2 is the application written by Rakesh Kumar .It is unsigned, so it cannot be looked into. In this application the complainant has demanded interest from 6.12.2016 to 6.1.2017, Ex.C3 is statement of account vide which amount of Rs.6Lakh was transferred to the account of SBI Life Insurance Company on 6.12.2016.
13. On the other hand Smt.Dhanya KP has tendered her affidavit,Ex.OPA and she has deposed as per the written version, Ex.OP1 is the proposal form, Ex.OP2 is certificate of Bala Ji Diagnostic & Clinic Laboratory,Ex.OP3 medical examination form of OPs,Ex.OP4 is report of TMT, Ex.OP5 is letter written by SBI Life to Ram Krishan. Vide this letter the OPs demanded agricultural income proof and tread mill test was also written to be repeated. Despite this letter the complainant never went for tread mill test again and vide Ex.OP6 he requested for refund of the amount and amount was refunded vide Ex.OP7 on 6.1.2017.Ex.OP8 is letter  written by Ram Krishan to SBI Life Insurance Co. Ltd. having demanded the interest for one month on Rs.6Lakh and Ex.OP9 is reply to legal notice.
14. Admittedly the complainant applied for SBI Life Insurance policy and premium of Rs.6Lakh was paid on 6.12.2016.After that medical test was done. Vide Ex.OP5, the complainant was directed to repeat the tread mill test but vide Ex.OP6 he requested for refund of his amount. So the amount was refunded on 6.1.2017 after one month although no interest was given.
15. The SBI Insurance Company had paid fee for the medical examination of the complainant to the doctor and when the complainant refused to medical examination again, he sought his refund. So the complainant is also liable to refund the amount to the SBI which they paid for his medical examination and SBI Life Insurance is also liable to pay interest for one month on the amount of Rs.6Lakh.
16. So due to our above discussion, the complaint is partly allowed and the OPs are directed to pay the interest on the amount of Rs.6Lakh @ 6% per annum to the complainant for one month. The OPs are also directed to recover the amount of fee paid to the doctor for the medical examination of the complainant. No order as to costs and compensation.  

Compliance of the order be made by the OPs within a period of 45 days from the date of the receipt of the certified copy of this order.

ANNOUNCED

DATED:1.9.2021         

                                     Dr.Harman Shergill Sullar        Jasjit Singh Bhinder

                                                Member                                   President