West Bengal

Paschim Midnapore

CC/33/2015

Sisir Kanti Bhattacharjee - Complainant(s)

Versus

The Chief Executive Officer, HDFC Standard Life Insurance Co.Ltd. - Opp.Party(s)

23 Feb 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

                             

Bibekananda Pramanik, President

and

Mrs. Debi Sengupta, Member

   

Complaint Case No.33/2015

 

             Sisir Kanti Bhattacharjee, (H no.251 Ward No.23 Athena School Road (Formerly) near

             Ingit Club Inda, Kharagpur, District West Midnapur, West Bengal, PIN-721305

                                                                                                 ………………..…..complainant.

                                                                              Vs.

1)The Chief Executive Officer, HDFC Standard life Insurance Company Ltd, Regd. Office: Lodha Excelus, 13^th Floor, Apollo Mills, NM Joshi Marg, Mahalaxmi, Mumbai-400011,

2)The Branch Manager, HDFC SI Gariahat Branch, 1^st Floor, 26A, Hindustan Park, Gariahat Shopping Mall, Griahat Kolkata-700029,

3)The Branch Manager, HDFC SI Kharagpur Branch, OT Road, Inda, Kharagpur, Paschim Midnapur (W.B) PIN-721305....……….….Opp. Parties.

                                                     

              For the Complainant: Mr.  Dilip Kumar Bhattacharjee, Advocate.

              For the O.P.               : Mr. Goutam Dey, Advocate.

 

Decided on: -23/02/2017

                               

ORDER

                          Bibekananda Pramanik, President – Facts of the case, in brief, is that on 26/03/2013, an agent of the opposite party-HDFC Standard Life Insurance Co. Ltd. visited his residence and offered him a short term life insurance policy.  Having interested in the said policy, the complainant put his signature on the application form as instructed by the agent and then and there he handed over a cheque bearing no.655681 of U.B.I., Golebazer Branch, Kharagpur for Rs.20,000/- towards first yearly policy premium.  Said cheque was

Contd…………………P/2

 

 

( 2 )

 encased by the  opposite party-HDFC Standard Life Insurance Co. Ltd. on 02/04/2013 from the Savings Bank Account no.0504010124371 of the complainant.  In spite of that, the complainant has not yet been provided with any policy certificate and money receipt of Rs.20,000/-. He visited the regional office of the opposite party-HDFC Standard Life Insurance Co. Ltd.at Kolkata but of no good.  On 17/01/2015, the complainant wrote a letter to the CEO, HDFC life by speed post but he has not received any response from their end.  Hence the complaint, directing the opposite party-HDFC Standard Life Insurance Co. Ltd. to return the said amount of Rs.20,000/- with compensation preferably of Rs.60,000/- and for other reliefs.

                          The opposite party-HDFC Standard Life Insurance Co. Ltd. has contested this case by filling a written objection.

                          Denying and disputing the case of the complainant, it is the specific case of the opposite parties that the corporate agent solicits the insurance policies from the proposed customer after briefing him or her the terms and conditions of Insurance Plans/Policies and after being convinced and satisfied with the terms and condition of the policy, the complainant had filled and signed on the proposal form for issuance of a HDFC Classic Assure Plan.   In the said proposal form, the complainant had declared that he had read and understood the terms and conditions of the policy opted by him by signing on the same.  On the basis of the proposal form and the documents submitted by the complainant, the opposite party had accepted  the proposal form and issued to the complainant a HDFCSL Classic Assured Plan for a period of 10 years and premium paying terms  of 7 years on an annual premium mode of Rs.19,702/- vide policy no.15986138. After acceptance of proposal, the policy documents were dispatched to the customer, wherein terms and conditions of the policy are clearly stated.  The said policy documents were delivered by speed post on 05/04/2013 vide EW931727416IN which was duly received by Prasenjit Bhattacharjee, the Life Assured.  It is stated that the policy documents when dispatched to the customer is accompanied by a letter wherein “Option to Return” clause was stated as per Regulation 6(2) of Protection of Policyholder’s interest. Regulations 2002 gives the policy holder the option to return the policies stating the reasons thereof within 30 days of the receipt of the policy documents in case the customer is not agreeable to the provisions stated in the policy.  In the present case, the complainant did not exercise his right to cancel the policy within the free-look-in period as he was very much agreeable to the terms and conditions of the policy.  It is stated that the opposite parties did not receive any complaint directly from the customer but it was only sent by Mr.Sisir Kanti

Contd…………………P/3

 

 

( 3 )

 Bhattacharya, the complainant, who is the father of the customer on 02/05/2013 and the opposite parties replied the same on 10/05/2013 stating that to entertain the complain, the complaint has to be made by the policy holder.  Therefore the complainant, the father of the policy holder, again complained on 17/01/2015 and reply was sent on 22/01/2015 by the opposite party thereby asking for certain KYC related documents of the policy holder to investigate his allegation.  In spite of receipt of the said letter, the complainant did not take any step for revival of the policy and at present the policy is lying in Lapse status. It is also submitted by the opposite parties that the complainant is making false allegation against the opposite parties to make wrongful gain out of it. Moreover the complainant is not a policy holder and hence he cannot be considered as a consumer and the instant petition of complaint is therefore liable to be dismissed.

                     To prove their respective case, the complainant has examined his son Prasenjit Bhattacharjee as Pw-1 and during his cross-examination, two documents were marked as exhibit A & B respectively.  On the other hand, opposite parties adduced no evidence.  

                                                                 Point for decision

1)Is the case maintainable in it’s present form and prayer ?

2)Is the complainant a ‘consumer’ under the provision of C.P. Act ?

3)Is the complainant entitled to get the reliefs, as sought for ?  

Decision with reasons

     For the sake of convenience and brevity, all the above points are taken up together for consideration.

    The present complaint has been filed by Sisir Kanti Bhattacherjee  alleging that on 26/03/2013,  an agent of O.P./H.D.F.C. visited his residence and offered him a sort-term life Insurance Product of H.D.F.C.  He put his signature on the application form as instructed by the agent of H.D.F.C. and then he handed over a cheque of Rs.20,000/- towards first yearly premium.  Said cheque was encased by the opposite party-HDFC Standard Life Insurance Co. Ltd. on 2/4/2013 from the bank account of the complainant but till date he has not been provided with any policy  document and money receipt in spite of several correspondence and visits in the office of the opposite party-HDFC Standard Life Insurance Co. Ltd.  Hence the complaint, praying for directing the opposite party-HDFC Standard Life Insurance Co. Ltd. to return the said amount of Rs.20,000/- with compensation.  As against this, it is the case of the opposite party-HDFC Standard Life Insurance Co. Ltd., as made out in their written objection, that the present complainant Sisir Kanti Bhattacharjee is the father of the

Contd…………………P/4

 

 

( 4 )

policy holder Prasenjit Bhattacharjee and the said Prasenjit Bhattacharjee made no complaint in respect of the policy in question and since that complainant himself is not a policy holder under the opposite party,  so he is not a consumer under  the opposite parties and as such the present petition of complaint is not maintainable.  Copies of the said policy in question have been filed by both the parties of this case. During his cross-examination PW-1, Prasenjit Bhattacharjee,  the son of the complainant,  has denied his signature (Exhibit A) on the policy paper.  During his cross-examination, he has of course admitted his signature (Exhibit-B) on the copy of his Pan Card.  Although PW-1 Prasenjit Bhattacharjee has denied Exhibit A as to be his signature but on comparing his admitted signature (Exhibit-B) on the copy of Pan Card, it appears to us that both the signatures (Exhibit-A & Exhibit-B) are identical and appear to be the signatures of the same person.  Be that as it may, we find that the complainant has produced no document to show that he submitted proposal form for any policy of his own before the opposite party-HDFC Standard Life Insurance Co. Ltd. There is no iota of documentary evidence that the complainant submitted any proposal form for obtaining for any such life insurance policy in his own name before the opposite party- Insurance Company.  On the other hand, from the copies of policy document in question we find that this policy in question is standing in the name of Prasenjit Bhattacharjee,  the son of the complainant and not in the name of the complainant.  In view of that, the complainant is not a consumer under the opposite parties in terms of the definition of consumer as provided in Section 2(1)(d) of the C.P. Act.  Grievance, if any, regarding the alleged cheating and fraud may be attracted under any other law but not under the provision of C.P. Act.  The petition of complaint is therefore held to be not maintainable and as such the same is liable to be dismissed.

       All the above points are accordingly decided against the complainant.

                                                     Hence, it is,

                                                     Ordered,

                                             that the complaint case no.33/2015  is hereby dismissed on contest but in the circumstances without cost.

                               Let plain copy of this order be given to the parties free of cost.

             Dictated & corrected by me

                              Sd/-                                         Sd/-                                          Sd/-

                      B. Pramanik                           Debi Sengupta                               Pramanik

                        President                                   Member                                    President

                                                                                                                      District Forum

                                                                                                                  Paschim Medinipur