Tamil Nadu

South Chennai

CC/168/2021

Fazlur Rahman - Complainant(s)

Versus

The Branch Manager, HDFC Standard Life Insurance Company Ltd., - Opp.Party(s)

M/s. S. Abdul Malik

14 Sep 2022

ORDER

Date of Complaint Filed : 26.01.2021

Date of Reservation      : 23.08.2022

Date of Order               : 14.09.2022

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

PRESENT:    TMT. B. JIJAA, M.L.,                                            : PRESIDENT

                        THIRU. T.R. SIVAKUMHAR, B.A., B.L.,           :  MEMBER  I 

                       THIRU. S. NANDAGOPALAN., B.Sc., MBA.,     : MEMBER II

 

CONSUMER COMPLAINT No.168/2021

WEDNESDAY, THE 14^th DAY OF SEPTEMBER 2022

Fazlur Rahman, K.M/A 56 years,

S/o Abdul Rahman Sahib,

Prop: perfect Fabricators,

No.178, Sydenhams Road, Choolai,

Chennai – 600 012.                                                       ... Complainant                

 

..Vs..

The Branch Manager,

HDFC Stadard Life Insurance Company Ltd.,

No.37/38, 2^nd Floor, ASVN,

“Ramana Towers”,

Venkatanarayana Road,

T.Nagar,

Chennai – 600 017.                                                      ...  Opposite Party

 

******

Counsel for the Complainant          : M/s. S.Abdul Malik

Counsel for the Opposite Party       : Exparte

 

On perusal of records and after having heard the oral arguments of the Counsel for the Complainant, we delivered the following:

ORDER

Pronounced by Member-II, Thiru. S. Nandagopalan., B.Sc., MBA.,

1.      The Complainant has filed this complaint as against the Opposite Party under section 12 of the Consumer Protection Act, 1986 and prays to refund the Insurance premium amount for a sum if Rs.1,00,000/- along with interest plus bonus and to pay Rs.2,00,000/- towards unfair trade practice and deficiency in service and to pay compensation of Rs.2,00,000/- and to pay Rs.1,00,000/- as litigation cost.

2.     The averments of Complaint in brief are as follows:-

The Complainant holds the current account with the Opposite Party Bank, Parrys Corner Branch, Chennai from 28.11.2014 with the Customer ID:58999797 and Account No:50200008962974. The Complainant states that taking advantage of his efficient current account maintenance, one of the Agent attached to the Opposite Party met him in the first week of December 2015 and deceived him to take insurance policy known as "HDFC Life Classic Assure Plus Policy" and further induced Complainant to remit a sum of Rs.1,00,000/- in the bank and represented that the insurance policy assured sum will be Rs.10,00,000/-. Evenafter the Complainant expressed his grievances that he could not tie up to pay the premium amount due to his business commitments, the Agent however convinced the Complainant that he will arrange to get refund the amount of Rs.1,00,000/- within 15 days and will get grace time from the insurance company for remitting further premium amount. However, the Opposite Party has not properly guided the applicant in respect of proposed policy to be taken by him in due course. By believing the representation of the Opposite Party and the subordinates to be true and genuine, the Complainant has remitted premium amount of Rs.1,00,000/- on 13.01.2015 vide Policy No.17361214, of "HDFC Life Classic Assure Plus" with First Premium Receipt dt.04.02.2015 on the ray of hope that he will get return of the said premium amount, but in vain allowing the Complainant to suffer mental shock in a perplex situation on seeing the covenant made under the insurance policy. Hence, the Complainant met the Opposite Party at his office and stated how he was made scapegoat by false representation by the subordinates, but the Opposite Party was reluctant to give any reply in the matter.

Subsequently, the Complainant sent a mail dated 14.02.2016 to the Opposite Party's service branch email id with a request to cancel the policy and return the amount. Further, the Complainant has submitted a letter to the Opposite Party dt.08.02.2018 & 12.02.2018 to the Service Recovery-HDFC Life Mr.Ashwini Indulkar. Again on 24.02.2018 the Complainant sent an email to the Service Recovery-HDFC Life which was acknowledged on 28.09.2018 and assigned the Service Request No.1-26948872698 to sort out the issue. Since there was no response from the Opposite Party further the Complainant gave one more Complaint dt.03.03.2021. While so, one of the Opposite Party subordinate Pushpa Mupan has sent an unscrupulous email reply to the Complainant on 12.3.2021 stating that the policy is lapsed. The Complainant humbly submits that, though the Complaint was acknowledged by the Opposite Party's subordinates they never gave a suitable reply instead given an unscrupulous reply. For more than two and half years neither the Opposite Party nor the concerned superior officers have chosen to arrange the refund of the paid premium amount. The Complainant states that he approached the Opposite Party several times to refund the insurance premium amount of Rs.1,00,000/- but the Opposite Party wantonly refused to refund the amount till date with a malafide intention which is an unfair trade practice and deficiency of service allowing to suffer mental tension, physical harassment and inconvenience. Hence, the Complaint was filed.

3.   The Complainant submitted his Proof Affidavit and Written Arguments. On the side of the Complainant, documents Ex.A-1 to Ex.A-12  were marked.

4.     In spite of sufficient notice served on the Opposite Party , the Opposite Party failed to appear before this commission and they have been called absent and set Ex-parte.  

Points for Consideration

1. Whether there is deficiency in service on the part of the Opposite Party?

2. Whether the Complainant is entitled for reliefs claimed?

3. To what other reliefs the Complainant is entitled to?

Point No.1:-

It is an undisputed fact that the Complainant is a current account holder of the Opposite Party Bank, Parrys Branch with Customer ID : 58999797 and Account No : 50200008962974 as in Ex.A-1 dated 28.11.2014. As per Ex.A-2 the Complainant opted for a HDFC Life Classic Assure Plus Insurance Policy from the Opposite Party dated 04.02.2015 by paying the amount of Rs.1,00,000/- to the Opposite Party for which the Complainant received the first premium receipt, followed by that the Complainant received the HDFC Life ClassicAssure Plus Insurance documents with Policy No.17361214 dated 05.02.2015 furnishing all the details along with terms & conditions of the policy issued to the Complainant as found in Ex.A-3. Due to the 2015 floods the Complainant is unable to pay the Insurance premium for the year 2016 claiming that he lost his business and materials in the floods and unable to revive from the loss henceforth requesting the Opposite Party to cancel the Policy and refund the same to earn his livelihood as per the mail sent by the Complainant to the Opposite Party as found in Ex.A-4. Even after a long gap the Opposite Party did not respond to the Complainants plea to cancel the policy i.e till 2018. As per Ex.A-5 the Complainant sent a letter to the Opposite Party dated 08.02.2018 furnishing the policy details and the present financial condition which led the Complainant to cancel the policy and requesting the Opposite party to refund the amount. After frequent letters and reminders, on 12.02.2018 the Opposite Party sent a reply mail to the Complainant stating that as per the policy terms and conditions the option to refund the payment is not possible since the policy is in Lapsed status as per Ex.A-6. On 24.02.2018 the Complainant sent a mail to the Opposite Party revealing the reason for discontinuation of Policy by expecting the response and also requesting to refund the premium amount as found in EX.A-7. On 28.09.2018 the Opposite Party registered the Complainant issue with service request No.1-26948872698 as in Ex.A-8. But till date there is no solution provided to the Complainant is a clear act of deficiency of service added to this on 03.03.2021 Complainant sent one more letter to the Opposite Party seeking the refund as per Ex.A-9 for the said Insurance Policy instead the Opposite sent a reply mail dated.12.03.2021 to the Complainant stating that the repayment is not possible as the Policy is Lapsed and cannot revive the same hence declined the refund of the premium as found in Ex.A-10. Considering the sequence of happenings the Opposite Party amounts to Unfair trade practice. Hence Point No.1 is answered.    

Point No.2 :-

The Insurance Company has not paid even the surrender value to the Complainant having paid the premium of Rs.1,00,000/- on 13.01.2015 and simply rejected the claim of the Complainant as policy lapsed. Though the Complainant is not entitled for the refund of premium as per the terms and conditions of the policy , the Complainant is entitled for the surrender value which the Insurance Company failed to pay and hence the Commission is of the considered view the Opposite Party had committed deficiency in service and unfair trade practice. Accordingly, Point No.2 is answered.

Point No.3 :-

Considering that the premium was paid in the year 2015, inspite of several representations made by the Complainant the Opposite Party has rejected repayment as policy is lapsed without refunding even the surrender value and for 7 years the Complainant would have suffered hardship and mental agony which needs to be compensated. Hence the Opposite Party is liable to pay a sum of Rs.50,000/- as compensation for the unfair trade practice and mental agony caused to the Complainant along with cost of Rs.3000/-. Accordingly, Point No.3 is answered.

In the result the Complaint is allowed in part. The Opposite Party is   directed to  pay a sum of Rs.50,000/- (Rupees Fifty Thousand Only) as compensation for the unfair trade practice and deficiency in service as well as for the mental agony caused to the Complainant along with cost of Rs.3000/-(Rupees Three Thousand Only) to the Complainant, within 8 weeks from the date of receipt of this order, failing which the above amounts shall carry interest at the rate of 9% p.a from the date of receipt of this order till the date of payment.

In the result the Complaint is allowed.

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 14^th of September 2022.

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                 B.JIJAA

         MEMBER II                       MEMBER I                        PRESIDENT

 List of documents filed on the side of the Complainant:-

 

Ex.A1	28.11.2014	Letter sent by HDFC Bank to the Complainant
Ex.A2	04.02.2015	Receipt for premium amount
Ex.A3	05.02.2015	Insurance policy assigned to the Complainant
Ex.A4	14.02.2016	Requesting for cancellation of policy sent by Complainant to the Opposite Party
Ex.A5	08.02.2018	Complaint was sent to the Opposite Party
Ex.A6	12.02.2018	Email reply sent by service recovery HDFC Life Mr.Ashwini Indulkar
Ex.A7	24.02.2018	Email complaint sent to Opposite Party E mail id
Ex.A8	28.09.2018	Service request No.1-26948872698 assigned by service Recovery – HDFC
Ex.A9	03.03.2021	Complaint sent by Complainant
Ex.A10	12.03.2021	E mail eply sent by Pushpa Mupan, Service Recovery HDFC
Ex.A11	29.04.2021	Advocate notice to the Opposite party and its superiors
Ex.A12	03.05.2021 & 04.05.2021	Tracking report-xerox copy (postal Department)

 

List of documents filed on the side of the Opposite Party:-

 

NIL

 

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                    B.JIJAA

         MEMBER II                       MEMBER I                         PRESIDENT