Delhi

East Delhi

CC/706/2015

SMT. ALKA SAINI - Complainant(s)

Versus

SBI LIFE INS - Opp.Party(s)

19 Feb 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 706/15

 

Smt. Alka Saini

W/o Shri S.P. Saini

R/o C-1206, Sector- 4, Arunima Palace,

Vasundhara Ghaziabad (UP)                                                                                                                                                ….Complainant

Vs.    

1. SBI Life Insurance Ltd.

Local Address- Laxmi Nagar District Centre,

Nirman Vihar, Delhi-110092

 

Also at-

Through Relationship Manager,

Central Processing, Centre Kapas Bhawan,

Plot No. 3-A, Sector -10 CBD,

Belapur, Navi Mumbai- 400614

 

Also at-

Chief Operating Officer,

SBI Life Insurance Company Ltd.

Centre Processing Centre,

Centre Kapas Bhawan, Plot No.3-A,

Sector -10 CBD, Navi Mumbai- 400614

 

Registered Office-

Natraj, MV Road and Western Express High Way Junction Andheri East Mumbai-400069

 

2. Ms. Priyanka

C/o SBI Life Insurance Company Ltd.

Local Address-

Laxmi Nagar District Centre,

Nirman Vihar, Delhi- 110092

 

3. Shri Ankesh

C/o SBI Life Insurance Company Ltd.

Local Address-

Laxmi Nagar District Centre,

Nirman Vihar, Delhi- 110092                        

   …Opposite parties

 

Date of Institution:15.09.2015

Judgement Reserved on: 05.04.2019

Judgement Passed on: 16.04.2019

 

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By: Harpreet Kaur Charya (Member)

JUDGEMENT

The present complaint has been filed by Smt. Alka Saini, complainant against SBI Life Insurance Ltd., (OP-1), Ms. Priyanka (OP-2) and              Shri Ankesh (OP-3) under Section 12 of the Consumer Protection Act, 1986 for unfair trade practice and deficiency in services.

On 25.12.2012, the complainant purchased one SBI Life Insurance Policy bearing no. 1B0-01354501 for Rs. 1,50,000/-. Complainant had to pay Rs. 30,000/- annually in five installments. It has been stated that in the month of December 2013, OP-2 and OP-3 approached the complainant and convinced her to pay premium in advance as to avail concession, believing them complainant issued a cheque bearing no. 208518 dated 20.11.2013 of Rs. 27,000/- towards the premium of the policy mentioned above for which no receipt was issued. Despite several attempts the complainant did not get any response from OP-2 and OP-3, therefore, she immediately contacted OP-1, where she was informed that new policy bearing no. 35049511105 with fraudulent name/ signature/ address had been taken with the cheque issued by the complainant. Upon verification it was found that OP-2 and  OP-3 had forged the policy documents and got a new policy by playing fraud upon complainant. It was further submitted that OP-1 had ignored the compliance with respect to KYC norms for identification of the customer, as the policy in dispute was taken in the name of S.P. Saini R/o Noida (UP) with fake photograph of Shri S.P. Saini, it showed the connivance between all the OPs. Despite several written requests and personal visits the grievance of the complainant remained unaddressed. The complainant was threatened by OP-2 and OP-3, for which police complaint dated 26.02.2014 was lodged with PS: Anand Vihar.

Legal notice dated 07.04.2015, demanding cancellation of the forged policy bearing no. 35045911105, revival of policy no. 180-01354501 and payment of Rs. 57,000/- was served upon OPs, which was duly replied by OP-1 vide reply dated 20.04.2015. The complainant has stated that as per the language used in the reply to the Legal notice it seems that the complainant had submitted for the cancellation of the disputed policy, which was incorrect. Feeling aggrieved by the acts/ omissions on the part of OP-1 to OP-3 the complainant has prayed for directions to OPs to pay                Rs. 57,000/-, cancel the forged policy bearing no. 35045911105 and revive the policy bearing no. 180-01354501; compensation of Rs. 1,00,000/- towards mental agony and harassment alongwith future interest @18% per annum from 28.11.2013 till realization alongwith cost of litigation.

The complainant has annexed complaint dated 26.02.2014 to SHO PS: Anand Vihar vide DD no. 55B dated 26.02.2014, as Annexure A, another letter dated 05.05.2014 as Annexure B, letter by OP-1 dated 04.06.2014 as Annexure C, Legal notice dated 07.04.2015 as Annexure D alongwith postal receipts and reply by OP-1 of date 20.04.2015 as Annexure E.

Notice of the present complaint was served upon OPs. Written statement was filed on behalf of OP-1, where it was submitted that they were willing to cancel the policy bearing no. 35045911105. It was submitted that OP-1 had nothing to do with OP-2 and OP-3, and the complainant was holding “SBI Life Smart Income Protect Policy” bearing no. 1B001354501 with date of commencement as 24.12.2012 for sum assured of Rs. 2,11,000/- with a premium paying term of 10 years. Complainant had duly filled and signed the proposal form bearing no. 1BQE521739 on 21.12.2012 for which only initial premium of Rs. 30,000/- was paid, and policy had lapsed due to non-receipt of renewal premium since 24.12.2013, it was further submitted that OP had received another duly filled and signed proposal form bearing no. 35QM935936 dated 27.11.2013 in the name of Shri S.P. Saini and based on the details furnished another policy bearing no. 35045911105 was issued with date of commencement as 02.12.2013 for a period of 10 years with sum assured of Rs. 2,20,000/-. Original policy document was dispatched to the policy holder’s address on 07.12.2013 through speed post and the said policy was also in lapsed status w.e.f. 02.12.2014. it has also been submitted that a letter dated 05.05.2014 was received and upon reviewing the case the OP-1 had offered to cancel the policy bearing no. 35045911105 and refund of the premium amount of       Rs. 27,000/- which was also conveyed through letter dated 04.06.2014, where the complainant was requested to submit the following documents such as indemnity bond of Rs. 100/-, self attested recent photographs cancelled cheque leaf, mandate for direct credit facility, self attested copy of photo ID proof and address proof and complaint letter duly signed by both policy holder and premium payer. It was the complainant who failed to comply with the requirements for the cancellation thus no deficiency could be alleged against OP-1. Rest of the contents of the complaint have been denied.

Rejoinder to the Written Statement of OP-1 was filed where the contents of the complaint have been reiterated and those of WS of OP-1 have been denied.

Evidence by way of affidavit was filed by the complainant, where she has deposed on oath the contents of the complaint and has got exhibited complaint dated 26.02.2014 to SHO PS: Anand Vihar vide DD no. 55B dated 26.02.2014, as Ex.C1, another letter dated 05.05.2014 as Ex.C2, letter by OP-1 dated 04.06.2014 as Ex.C3, Legal notice dated 07.04.2015 as Ex.C4 alongwith postal receipts and reply by OP-1 of date 20.04.2015 as Ex.C5.

OP-1 have got examined Shri Nitin Garg, Manager Legal, who has also repeated the contents of their Written Statement on oath. It was submitted that the complainant had not provided the correct address of OP-2 and OP-3, which could be misleading. They have also relied upon the Annexures with the Written Statement. It was submitted that OP-2 and OP-3 were not the employees of OP-1. They have also relied upon the copy of the proposal form bearing no. IBQE521739 dated 21.12.2012 alongwith the policy bearing no. 1B001354501 as Annexure A, copy of policy bearing no. 35015911105, containing proposal form as Annexure B, copies of letter received and replied as Annexure C.

We have heard the submissions on behalf of Ld. Counsel for Complainant and have perused the material placed on record. The complaint pertains to the allegation of fraud and forgery played by OP-2 and OP-3. It has been alleged by the complainant that the cheque issued by her in lieu of the second premium to be paid against policy bearing no. 1B001354501 was used by OP-2 and OP-3 for getting a new policy in the name of complainant’s husband, Shri S.P. Saini with wrong address. Complaint dated 05.05.2014 i.e. Ex.C2 and reply by OP-1 i.e. Ex.C3, clearly show that OP-1 was willing to refund the premium of Rs. 27,000/- paid against the policy in dispute, upon complainant’s fulfilling the required formalities. Since, OP-1 was willing to refund the premium, no deficiency in service can be attributed on their part. As far as OP-2 and OP-3 are concerned it is evident from the policy document for policy no. 35045911105  filed by OP which is  Annexure B reflects that the agent Shri Ankesh Kumar (IA Code 990166060) i.e. OP-3 had got the policy issued. Therefore, OP-1 has all the details of OP-3.

Therefore, in the facts and circumstances of the present case, we direct complainant to comply with all the formalities required by OP-1 within 30 days from the date of receipt of this order and thereafter OP-1 shall refund Rs 27,000/- in lieu of  cancellation of policy within 15 days, therefrom. We further direct OP-1 to revive the policy bearing no.1B001354501from 2013 upon complainant paying all the premiums without any penalty and complainant shall be entitled to all the benefits, deeming the policy to be continuous. OP-1 is also directed to take strict action against OP-3 so as to curb the practice of agents deceiving the customers and report the same to this Forum within 30 days.

Copy of the order be supplied to the parties as per rules.

File be consigned to Record Room.

 

    

   (DR. P.N. TIWARI)                                                                         (HARPREET KAUR CHARYA)                                                                                             Member                                                                                               Member    

                                                    (SUKHDEV SINGH)

                                           President