Chandigarh

DF-I

CC/537/2021

Dinesh Kumar - Complainant(s)

Versus

SBI Life Insurance Co. Ltd. - Opp.Party(s)

Gitanjali

12 Dec 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/537/2021
Date of Institution	:	16/08/2021
Date of Decision	:	12/12/2023

 

Dinesh Kumar S/o Sh.Dilip Kumar Wadhwa, R/o H.No.1361-B, Sector 28, Chandigarh.

… Complainant

V E R S U S

1. SBI Life Insurance Co. Ltd., Corporate Office: SBI Life Insurance Co. Ltd., Natraj, M.V. Road & Western Express Highway Junction, Andheri (East), Mumbai-400069 through its Regional Manager.
2. SBI Life Insurance Co. Ltd., Kris Squares 5^th Floor, Plot No.2, Bhagat Singh Colony, Bhiwadi, Tehsil Bhiwadi, Distt. Alwar Rajasthan-301019, through its Manager.
3. Deepak Kumar Sales Executive cum Manager SBI Life Insurance Co. Ltd. Kris Squares 5^th Floor, Plot No.2, Bhagat Singh Colony, Bhiwadi Tehsil Bhiwadi, Distt. Alwar Rajasthan-301019.

… Opposite Parties

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURJEET KAUR	MEMBER
	SURESH KUMAR SARDANA	MEMBER

 

                                                

ARGUED BY	:	Ms.Gitanjali, Advocate for Complainant.
	:	Sh.Rajneesh Malhotra, Advocate for OPs.

Per Suresh Kumar Sardana, Member

1.      Averments are that the complainant purchased a policy on 29.12.2020 from the OPs. At the time of commencement of the said policy, OP No.3, conveyed the complainant that on 1^st year, the complainant have to pay the entire policy premium, i.e., Rs.14,761/- per annum in one go and the rest about half amount the complainant have to pay on a half yearly basis. However, the complaiant received an SMS on 22.06.2021 that the policy premium is due on 29.06.2021 and the premium amount is Rs.14,761/- which means the total amount of policy is double of the said amount (Annexure C-1 & C-2). Thereafter, the complainant immediately talked with customer care, they told the complainant that the policy premium is around Rs.29,000/- per annum and the amount of Rs.14,761/- is on a half yearly basis not yearly basis. Even the complaiant received the policy so late so that complainant was not aware about the terms and conditions of policy. It is also stated that there is no mention in the policy that the per annum amount is Rs.29,522/-. This fact itself concealed in the policy. The complainant communicated with the OPs through email and phone calls, but no satisfactory reply reply has been rceived by the complaiannt till date (Annexure C-3 & C-4). Hence, is the present consumer complaint.
2.     OPs contested the consumer complaint, filed its written reply and stated that the complainant had applied for half yearly premium payment mode and paid initial premium of Rs.14,761/- towards half yearly premium with the proposal form and the policy was issued accordigly. So the yearly premium comes to approximately Rs.29,522/-. The date of payment of premium on 29^th June and 29^th December every year during the 7 years premium paying terms under the policy has been clearly stated in the terms and conditions of the policy issued to the complainant in January 2021. If the complainant was not satisfied with any of the terms and conditions of the policy, he could have raised his objections during free look period of 15 days on receipt of the policy document. But the complainant was satisfied and had no objection, therefore, he continued with the policy and did not raise any objection during free look period. On these lines, the case is sought to be defended by the OPs.
3.     Rejoinder was filed and averments made in the consumer complaint were reiterated.
4.     Parties led evidence by way of affidavits and documents.
5.     We have heard the learned counsel for the parties and gone through the record of the case.
6.     On perusal of complaint, it is gathered that the main grievance of the complainant is that he was made to believe by the OPs that the premium of the policy was required to be Rs.14,761/- annually & not on half yearly basis. Moreover when the detailed terms and conditions were supplied by the OPs very late & immediately on receipt of the same, he made representation within free look period for refund of the policy amount which was not refunded by the OPs.
7.     On perusal of case filed, reply of OPs, it is observed that OPs have not adduced any documentary evidence with regard to date of dispatch of detailed terms and conditions of the policy to the complainant. On perusal of Annexure C-2, it is observed that the OPs have sent a message on 22.06.2021 to the complainant, about payment of premium of Rs.14,760.58P, towards the policy which was due on 29.06.2021. So it can be safely assumed that the complainant came to know about the fact that premium of policy was on half yearly basis only on the receipt of above reminder.
8.     On perusal of Annexure C-4, it is observed that the complainant have sent a notice to the OPs on 28.06.2021 to discontinue his policy, which in our view is within the free look period. By not refunding the premium charged, the OPs have indulged in unfair trade practice & are deficient in providing service to the complainant.
9.     In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OPs are directed as under :-

1. to refund an amount of ₹14,761/- to the complainant alongwith interest @ 9% per annum from the date of payment i.e., 29.12.2020 till its realization.
2. to pay an amount of ₹7,000/- to the complainant as compensation for causing mental agony and harassment to him.
3. to pay ₹5,000/- to the complainant as costs of litigation.

10.     This order be complied with by the OPs within 45 days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
11.     Pending miscellaneous application, if any, also stands disposed of.
12.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

			Sd/-
12/12/2023			[Pawanjit Singh]
Ls			President
			Sd/-
			[Surjeet Kaur]
			Member
			Sd/-
			[Suresh Kumar Sardana]
			Member