BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR.

Consumer Complaint No. 441 of 2018

Date of Institution: 18.6.2018

Date of Decision: 12.2.2019 

Sharanjeet Singh S/o Sh.Ajaib Singh aged 33, resident of House No. 204, Gali No. 8, Near Rosy Modern School New Kot Atma Ram Amritsar Punjab Mobile No. 8360226785

Complainant

Versus

1. Shree Ram Fortune Solutions Ltd. Through its Branch Manager/Authorized Signatory SCO ½ Deep Complex, Court Road, Opp.HDFC Bank, Amritsar 143001 Phone No. 0183 5015290
2. Shree Ram Life Insurance Company Ltd. Through its Branch Manager/Authorized Signatory Regd.Address 5^th Floor Ramky Selenium Plot No. 31 & 32, Beside Andhra Training Centre Financial District Gachibowli Hyderabad-500032 Phone No. 04-23009400 Toll Free No. 1800-3000-6116

Opposite Parties

Complaint under section 11 & 12  of the Consumer Protection Act, 1986

Present: For the Complainant : Sh.Sanjeet Singh, Advocate.

              For the Opposite Party No.2: Sh.Sumit Sharma,Advocate

              For the Opposite Party No.1 : Ex-parte

Coram:

Sh.Charanjit Singh, President

Mr.Anoop Sharma,  Member

Ms. Rachna Arora, Member

Order dictated by:

Sh.Charanjit Singh, President

1. Sharanjeet Singh complainant has brought the instant complaint under section 11 & 12 of the Consumer Protection Act on the allegations that representative of opposite parties came to the complainant house and allured him to buy policy in question and  the premium of Rs. 99,966/- was to be paid in one time premium for five years and after five year the complainant will get double amount. On the allurement of the representative of the opposite party complainant paid Rs. 99,966/- vide cheque No. 000022 on 29.6.2017   with HDFC Bank and taken policy vide Receipt No. 500120170612846 and policy No. NP071706099472.  The agent of the opposite parties promised that the policy documents shall be sent within 15 days . The cheque so issued for premium was debited to the complainant account. After expiry of 15 days complainant contacted opposite party No.1 for the policy documents and assurance was given that the documents shall be delivered to him soon. But there was no response by the opposite parties even after his subsequent calls and personal  visits number of times and also exchanged number of mails with the opposite parties asking for cancel the policy and refund the amount. After gap of some days prior to the first policy the agent of the LIC who had already been worked in the same company advised the complainant to the same plan. As such the complainant changed his opinion . It is important to mention here that the said policy bonds were never delivered to the complainant till date neither in the residential address nor in the communication address  and before delivery the policy bonds complainant has exchanged many mails with regard to the cancellation of policy bonds in question . The opposite parties mailed track consignment report to the complainant but failed to tell the name and address of the person to whom such delivery was made. Even the complainant himself tries to check the consignment track online from the post office portal but no such record was found there.  The complainant was continuously calling on their landline toll free number 04044182800 but no one was lifting the phone  and in the last opposite parties replied that the policy bonds was delivered by speed post vide consignment No. EN8499115511N.  The complainant was surprised to see that the complainant has never been acknowledged the said speed post and when ever the complainant asked the opposite parties for name and signatures of the receiving person then opposite parties have not given any positive response.  The complainant run from pillar to post for taking refund of the premium, but till date the opposite parties have not refunded the policy amount to the complainant.  Alongwith the complaint, complainant filed copy of premium receipt is Ex.C-1, copies of exchanged mails Ex.C-2, copy of consignment track record Ex.C-3, affidavit Ex.C-4, copy of Aadhar card Ex.C-5. Vide instant complaint, complainant has sought for the following reliefs:-

1. Opposite parties be directed to refund premium amount of Rs. 99,966/- alongwith interest @ 18% p.a. from 29.6.2017 till date of realization ;
2. Compensation to the tune of Rs. 80000/- alongwith litigation expenses to the tune of Rs. 25000/- may also be awarded to the complainant.

Hence, this complaint.

2.       Upon notice , opposite party No.2 appeared and filed written version in which it was submitted that the complainant proposed for life insurance policy for himself by submitting proposal form and paying the proposal deposit amount. The opposite party after underwriting the proposal issued a policy bearing No. NP071706099472 for sum assured Rs. 8,20,000/- commencing from 28.6.2017 under the plan “Shriram New Shri Life Plan” for a term of 10 years with annual premium @ Rs. 99,966/- payable for a period of 10 years  and mentioned his mother Smt.Sukhwinder Kaur as nominee . The copy of proposal form and policy documents  aloangwith terms and conditions were dispatched to the communication address of the policy holder alongwith a covering letter. Accordingly, the policy document was dispatched to the communication address of the complainant alongwith copy of proposal form on 8.7.2017 through speed post which was duly received by policy holder on 24.7.2017. The complainant after receipt of documents did not make any complaint regarding the subject policy. However, as per terms and conditions of the policy it was categorically mentioned that if the policy holder is not satisfied with the terms and conditions of the policy, the policy can be returned to the company  within 15 days from the date of receipt of the policy for its cancellation with reason thereof. The company did not receive any request for free look cancellation from the complainant which means that the complainant was satisfied with terms and conditions of the policy issued. As the policy was issued on 28.6.2017 and the policy holder failed to make due renewal premiums even after sending automated reminders , as such presently the policy is in lapsed status. On 21.8.2017 the policy holder wrote an email   to the customer care stating that he got information that the policy was delivered to him from the customer care which was sent by speed post but he did not receive the policy, hence requested to share the proof of delivery which was duly replied on 22.8.2017 putting the screen shot of proof of delivery. Again on 23.8.2017 the complainant wrote email asking for a signed acknowledgement  of proof of delivery. It was submitted that the policy documents were sent by speed post for which signed acknowledgement will not be available and the same was telephonically informed to the complainant. The complainant called the customer care and enquired for the formalities for issuance of a duplicate policy bond. As per his request an e-mail was sent on 4.9.2017 the process for obtaining the duplicate policy bond was explained. But on 6.9.2017 complainant requested for cancellation of policy which was duly replied on 7.9.2017. The complainant sought cancellation of the policy after a lapse of 3 months of issuing the policy and since the complainant did not approach within 15 days of receipt of policy document , as such complainant is not entitled for any relief. Alongwith the written version  opposite parties filed  copy of proposal form and policy documents Annexure I, status of delivery of speed post Annexure 2,, mails Annexure 3, copy of Insu.Ombudsman Annexure 4. While denying and controverting other allegations, dismissal of complaint was prayed.

3.       Opposite party No.1 did not opt to put in appearance despite service, as such it was ordered to be proceeded against ex-parte.

4.       We have heard the ld.counsel for the parties and have carefully gone through the record on the file.

5.       From the record i.e. pleadings of the parties and the evidence produced on record by both the parties, it is clear that on the persuasion of the representative of the opposite parties,  complainant paid Rs. 99,966/- vide cheque No. 000022 on 29.6.2017   with HDFC Bank and taken policy vide Receipt No. 500120170612846 and policy No. NP071706099472.  The agent of the opposite parties promised that the policy documents shall be sent within 15 days After expiry of 15 days complainant contacted opposite party No.1 for the policy documents and assurance was given that the documents shall be delivered to him soon. But there was no response by the opposite parties even after his subsequent calls and personal  visits number of times and also exchanged number of mails with the opposite parties asking for cancel the policy and refund the amount. It is important to mention here that the said policy bonds were never delivered to the complainant till date neither in the residential address nor in the communication address  and before delivery the policy bonds complainant has exchanged many mails with regard to the cancellation of policy bonds in question . The opposite parties mailed track consignment report to the complainant but failed to told the name and address of the person to whom such delivery was made. Even the complainant himself tries to check the consignment track online from the post office portal but no such record was found there.  However, to the calls of the complainant, opposite parties replied that the policy bonds was delivered by speed post vide consignment No. EN8499115511N.  The complainant was surprised to see that the complainant has never been acknowledged the said speed post and when ever the complainant asked the opposite parties for name and signatures of the receiving person then opposite parties have not given any positive response.  The complainant run from pillar to post for taking refund of the premium, but till date the opposite parties have not refunded the policy amount to the complainant. Ld.counsel for the complainant submitted that all this amounts to deficiency of service on the part of the opposite party.

6.       Whereas the case of the opposite party is that in order to obtain insurance policy, the complainant proposed for life insurance policy for himself by submitting proposal form and paying the proposal deposit amount. The opposite party after underwriting the proposal issued a policy bearing No. NP071706099472 for sum assured Rs. 8,20,000/- commencing from 28.6.2017 under the plan “Shriram New Shri Life Plan” for a term of 10 years with annual premium @ Rs. 99,966/- payable for a period of 10 years  and mentioned his mother Smt.Sukhwinder Kaur as nominee . The copy of proposal form and policy documents  alongwith terms and conditions were dispatched to the communication address of the policy holder alongwith a covering letter on 8.7.2017 through speed post which was duly received by policy holder on 24.7.2017. The complainant after receipt of documents did not make any complaint regarding the subject policy. However, as per terms and conditions of the policy it was categorically mentioned that if the policy holder is not satisfied with the terms and conditions of the policy, the policy can be returned to the company  within 15 days from the date of receipt of the policy for its cancellation with reason thereof. The company did not receive any request for free look cancellation from the complainant which means that the complainant was satisfied with terms and conditions of the policy issued. As the policy was issued on 28.6.2017 and the policy holder failed to make due renewal premiums even after sending automated reminders , as such presently the policy is in lapsed status. Ld.counsel for the opposite parties submitted that there is no deficiency of service on the part of the opposite parties.

7.       From the appreciation of the facts and circumstances of the case, it becomes evident that complainant obtained an Insurance Policy from the opposite parties by paying premium of Rs. 99,966/- vide cheque No. 000022 on 29.6.2017, copy of premium receipt is Ex.C-1 on record. It was the case of the complainant that opposite parties have not issued the policy documents to the complainant despite making so many calls as well as mails to the opposite parties, copy of the same is Ex.C-2 on record.  . But the opposite parties failed to send the policy documents to the complainant. On the other hand NP071706099472 w.e.f. 28.6.2017 and  the same was despatched on 8.7.2017 through Speed post and the same was delivered to the policy holder on 24.7.2017. But the opposite party could not produce any affidavit of the person from Postal Department who could depose that he delivered the policy documents to the complainant on 24.7.2017. Further opposite party has also not produced any receipt book/register of Speed post to prove that the policy documents were duly received by the complainant under his own signatures. It has been held by the Hon'ble State Consumer Disputes Redressal Commission , Punjab in First Appeal No. 1602 of 2012 decided on 22.1.2013 titled as ICICI Prudential Life Insurance Company Limited Vs. Jasjit Walia that where a person who delivered the shipment has not been produced nor his affidavit has been filed. Moreover, the document itself shows that shipment was not delivered to the complainant but it was received by one Kulwinder. There is no mention whether this Kulwinder is a male or female or what is the relationship of complainant with Kulwinder . Otherwise also , the delivery of the shipment to Kulwinder cannot be considered as the delivery of the policy to the complainant.

8.       As the complainant has now sought relief of refund of  premium so paid to the opposite parties and did not want to continue with the policy. The opposite parties have failed to prove that the policy documents were delivered to the complainant, as such question of cancellation of the policy within free look period does not arise. As such the opposite parties are liable to make refund of the premium amount.

9.       Consequently we allow the complaint with the directions to the opposite parties to refund the premium amount to the tune of Rs. 99,966/- alongwith interest @ 9% p.a. from the date of filing of the complaint till realization. Opposite parties are also directed to pay litigation expenses Rs. 5000/- to the complainant.  Compliance of the order be made within 30 days from the date of receipt of copy of this order ; failing which complainant shall be entitled to get the order executed through the indulgence of this Forum. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.

(Charanjit Singh)

                                                                                      President

Announced in Open Forum

Dated: 12.2.2019                (Rachna Arora)                        (Anoop Sharma)

                                                   Member                      Member