District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No.89/2022.
Date of Institution: 15.02.2022.
Date of Order: 13.01.2023.
Shiv Shankar son of Shri Raakesh Tanwar, resident of House No. PJ/5, C Block, S.G.M. Nagar, NIT, Faridabad, Aadhar card No. 2171 7616 2308, Mobile NO. 8285621001.
…….Complainant……..
Versus
1. Shriram Life Insurance Company Limited, situated at A-7/1, 2nd floor, Samadhan Chamber, Neelam Bata road A.C.Nagar, New Industrial Town, Near Canara Bank, Main Branch, Faridabad Haryana – 121001 through its authorized person.
2. Shriram Life Insurance Company Limited 5th floor, Plot NO. 31-32, Ramky Selenium Financial District, Gachibowli Hyderabad (500 032) through its authorized person.
…Opposite parties……
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
Indira Bhadana………….Member.
PRESENT: Complainant in person.
Sh. Sanjeev Bansal, counsel for opposite parties Nos.1 & 2.
ORDER:
The facts in brief of the complaint are that on the allurement of the representative of the opposite parties, the complainant had been agreed to obtain the Life Insurance Policy from the opposite parties and in this regard the complainant had paid the premium of the life insurance policy i.e. amount of Rs.36,575/- on 26.06.2021 through online , vide policy NO. NN012106130725 for a period of 10 years in respect of the plan UIN No. 128N053V03 customer ID S001321127 and proposal No. 500121069718. After obtaining of the Life Insurance Policy from the opposite parties, the complainant several times requested to the representative of the opposite party to provide the loan in respect of the above said policy but the representative of the opposite parties lingering the matter on one pretext to the another. Due to non-providing the loan to the complainant, the complainant several times requested to the opposite parties to return the amount of Rs.36,575/- to the complainant but no result came out. Later on the complainant had made the complaint to the Grievance of Shriram and also filed the complaint in IRDA vide No. 10-21-016922 but no result came out and then the complainant had also filed online complaint under the Consumer Protection Act,2019 and in this regard the complainant had paid an amount of Rs.1887/- through online but no result came out. The complainant several times requested to the opposite parties to return the amount of Rs.36,575/- which was deposited by the complainant in respect of obtaining of the Life Insurance Policy, but the opposite parties finally on 13.02.2022 refused to accept the legitimate request of
the complainant. The aforesaid act of opposite parties amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite parties to:
a) return the amount of Rs.36,575/- alongwith interest at the rate of 18% p.a to the complainant.
b) make the compensation amount on account of mental tension, agony and harassment to the complainant.
c) pay Rs. 11,000 /-as litigation expenses.
2. Opposite parties Nos.1 & 2 put in appearance through counsel and filed written statement wherein Opposite parties Nos.1 & 2 refuted claim of the complainant and submitted that in the month of Ju8ne, 2021, the complainant Mr. Shiv Shankar had proposed for an insurance policy on his life by submitting a proposal form and by paying the proposal deposit amount. Opposite parties submitted that after underwriting the proposal, the opposite party insurance company issued a policy covering the life of Mr. Shiv Shankar/the complainant herein vide policy No NN012106130725, under the plan “Shriram Life Assured Income Plan” for a sum assured amount of Rs.3,50,000/- for a term of 10 years with base annual premium of Rs.35,000/- payable for a period of 10 years. Opposite parties submitted that the policy sent to the policyholder was accompanied by a covering letter that clearly mentioned that in case the policyholder was not satisfied with the terms and conditions of the policy, he can withdraw/return the policy within fifteen days under the Free Look Period. Opposite parties submitted that the complainant Mr. Shiv Shankar had emailed a complaint to the customer care service of opposite party insurance company on 08.10.2021 sought for cancellation of policy stating mis-selling on the pretext of the loan commitment, which was noted and duly replied by the opposite party
company on 21.10.2021. Again on 28.10.2021, the complainant lodged a complaint through IGMS vide IRDA Token No. 10-21-016922, which was also duly replied by the company on 02.11.2021 clarifying that if the complainant was not satisfied with the terms and conditions of the policy, he had an option of availing Free Look Cancellation Period. The complainant had accepted the terms & conditions without any protest. The opposite parties submitted that the opposite parties covered the risk on the life of the policyholder for a sum assured amount of Rs.3,50,000/- under the policy till now from the commencement date. As such, the opposite party had taken the risk of paying the assured amount under the policy to the nominee/beneficiary in case of unfortunate event. Hence, having enjoying the benefits under the said life insurance policy, the complainant/policyholder was legally stopped from demanding he company for refund of the premium paid under the said life insurance policy which was utilizing by opposite parties company for covering the risk on life of complainant/policyholder for a period. Opposite parties Nos.1 & 2 denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
3. The parties led evidence in support of their respective versions.
4. We have heard learned counsel for the parties and have gone through the record on the file.
5. In this case the complaint was filed by the complainant against opposite parties– Shriram Life Insurance Co. Ltd. with the prayer to: a) return the amount of Rs.36,575/- alongwith interest at the rate of 18% p.a to the complainant. b) make the compensation amount on account of mental tension,
agony and harassment to the complainant. c) pay Rs. 11,000 /-as litigation expenses.
To establish his case the complainant has led in his evidence, Ex.CW1/A – affidavit of Shri Shiv Shankar, Ex.C-1 – Non-ULIP Policy Schedule, Ex.C-2 – text message, Ex.C-3 - email dated 23.07.2021, Ex.C-4 – Adhaar card,, Ex.C-5 – letter dated 23.07.2021 to customer care.
On the other hand counsel for the opposite parties strongly agitated
and opposed. As per the evidence of the opposite parties Ex.R/A – affidavit of E. Sridhar, General Manager in M/s. Shriram Life Insurance Company Limited, having its registered office plot NO. 31 & 32, 5th floor, Ramky Selenium, Beside Andhra Bank Training Centre Financial District, Gachibowli, Hyderabad, Annx.-1 – proposal form, Ex.R2 – First Premium receipt, Ex.R-3 – letter dated Ist November 2021.
6. In this case, the complaint was filed by the complainant with the prayer to return the amount of Rs.36,575/- alongwith interest at the rate of 18% p.a to the complainant.
7. After going through the evidence led by the parties, the Commission is of the opinion that the complainant has paid the premium of the life insurance policy i.e. amount of Rs.36,575/- on 26.06.2021 through online , vide policy NO. NN012106130725 for a period of 10 years in respect of the plan UIN No. 128N053V03 customer ID S001321127 and proposal No. 500121069718. Opposite parties stated in their written statement that “complainant Mr. Shiv Shankar had emailed a complaint to customer care service of opposite party insurance company on 08.10.2021 sought for cancellation of policy stating mis-selling on the pretext of the loan commitment. Whereas the complainant sent a complaint through an email dated 23.07.2021 to customer care service of opposite party insurance company sought for cancellation of policy stating mis-selling on the pretext of the loan commitment.
8. Keeping in view of the above submissions, the Commission is of the opinion that the complaint is disposed off with the direction to opposite parties to deduct the 10% as administrative charges from the total amount. There are no order as to costs. Compliance of this order be made within 30 days from the date of receipt of copy of this order. Copy of this order be sent to the parties concerned free of costs. File be consigned to the record room.
Announced on: 13.01.2023 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
