West Bengal

Paschim Midnapore

CC/101/2015

Smt. Minati Kundu - Complainant(s)

Versus

The Chief Manager, Birla Sun life Insurance Co.Ltd. - Opp.Party(s)

21 Sep 2015

ORDER

                                                            DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

 

 Complaint case No. 101/2015            

Smt. Minati Kundu………………….………………….Complainant

             Vs.

The C.M., Birla Sun Life Insurance Co. Ltd. & ano…….….Op/Ops.

      

           Order No.4                                                                          Dated :-21/09/2015.                                 

   Complainant files hazira along with some documents.

   The case record is taken up for admission hearing.  Perused the case record, the petition of complaint and the documents filed therewith.  Hd. Ld. Lawyer for the complainant.  Considered.

   This is a case under sections 12,13 & 14 of the Consumer Protection Act.  Complainant’s case, in brief, is that she purchased a policy vide no.005591738 dated 31/05/2012 in her name from the corporate agent of op nos.1&3.  At the time of such purchase of the said policies, she was told that this policy was single premium basis but on receiving the policy papers, she came to know that the terms and conditions of such policy is totally different from what she was told.  She, therefore, wrote a letter to op no.1 for cancelation of her policy and for return of the deposited amount.  Since no action was taken by the op in this regard, hence the complaint.  It appears from the petition of complaint as well as from the letter dated 22/09/2012 that this policy was issued on 31/05/2012 and this was dispatched on 06/06/2012 by registered post to the complainant.  Since the op received no application for cancelation of this policy within the free lock period, so the Op is unable to cancel this policy and accordingly by that letter dated 22/09/2012, the complainant was informed by the op no.1.  So, the cause of action arose in the month of September 2012 but the present complaint has been filed long after the limitation period of 2 years.  There is no petition for condonation of delay.  The petition of complaint is, therefore, held to be barred by limitation and as such it is not admitted and accordingly rejected.

Dictated & Corrected by me

              Sd/-                                                     Sd/-                                           Sd/-

         President                                              Member                                    President

                                                                                                                    District Forum

                                                                                                                Paschim Medinipur