Per Sri A. Hazarath Rao,  President:-

        The complainant filed this complaint u/s 12 of the Consumer Protection Act seeking refund of premium of Rs.15,000/- paid towards the policy No.50958193 with interest from 26-04-13; Rs.10,000/- towards mental agony and for costs.

2.   In brief the averments of the complaint are these:

        The complainant is an illiterate.   On 26-04-13 the complainant took insurance policy from the opposite party.   The policy spread over for 16 years and the premium amount payable per annum is Rs.15,000/- only.   The complainant paid Rs.15,000/- on 26-04-13.   On 29-04-13 the complainant personally approached and requested the opposite party to cancel the policy and refund Rs.15,000/-.   The complainant also furnished Xerox copy of passbook as required by the opposite party.   The opposite party failed to refund Rs.15,000/- to the complainant though promised.   Manger of the opposite party gave adamant reply when complainant approached him on 18-11-13.   The complainant is poor and illiterate.   In order to perform his daughter’s marriage the complainant required financial assistance.   The attitude of the opposite party in not refunding the premium of Rs.15,000/- amounted to deficiency of service.   The complaint therefore be allowed.  

3.   The opposite party remained exparte.

4. Exs.A-1 to A-4 were marked on behalf of complainant.

5.   Now the points that arose for consideration in this complaint are:

1. Whether the opposite party committed deficiency of service?
2. And if so, whether the complainant is entitled to refund of premium amount?
3. Whether the complainant is entitled to damages?
4. To what relief?

6.  POINTS 1&2:-   Ex.A-1 is the copy of policy with terms and conditions.  In Ex.A-1 it was mentioned, 

“In the event, you are in disagreement with the terms and conditions of this plan, you may wish to opt out of this plan, by stating the reasons of your disagreement and return the policy document to the Company within 15 days of its receipt, for cancellation.   In which event, the Company will refund an amount equal to the premium paid subject to a deduction of a proportionate risk premium for the period of cover less expenses incurred by the Company on your medical examination, if any and stamp duty charges”.

7.   Ex.A-2 is the letter undated addressed by the complainant to the opposite party.   In Ex.A-2 the complainant mentioned that he is unable to continue the policy due to financial constraints and requested the opposite party to cancel it.   The terms and conditions of the policy have to be strictly adhered to.   While considering the terms of the policy the adjudicating authority cannot impose its views.   The averments mentioned in Ex.A-2 letter did not relate to the terms and conditions of the policy.   Under those circumstances, we are of the considered opinion that the complainant is not entitled for refund of the premium amount.   The complainant failed to show that the opposite parties committed deficiency of service.   We therefore opine that the opposite parties did not commit any deficiency of service.   We therefore answer these points against the complainant.

 8.  POINT No.3:-     In view of above findings, the complainant is not entitled to any damages much less the amount claimed by him.   We therefore answer this point against the complainant.

9.  POINT No.4:-     In view of above findings, in the result the complaint is dismissed without costs.

Typed to my dictation by Junior Steno, corrected by me and pronounced in the open Forum dated this the 10^th day of March, 2014.

MEMBER                                 MEMBER                              PRESIDENT

APPENDIX OF EVIDENCE

DOCUMENTS MARKED

For Complainant:

For opposite parties:    NIL

        PRESIDENT

NB:   The parties are required to collect the extra sets within a month after receipt of this order either personally or through their advocate as otherwise the extra sets shall be weeded out.