West Bengal

Paschim Midnapore

CC/100/2015

Sri Basudeb 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. 100/2015            

Sri Basudeb 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 two 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 he purchased two policies vide no.005596856 & 005584989 both dated 31/05/2012 in his name from the corporate agent of op nos.1&3.  At the time of such purchase of the said policies, he was told that those policies were single premium basis but on receiving the policy papers, he came to know that the terms and conditions of such policies are totally different from what he was told.  He, therefore, wrote a letter to op no.1 for cancellation of those policies 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 those policies were issued on 31/05/2012 and those were dispatched on 07/06/2012 by registered post to the complainant.  Since the op received no application for cancellation of those policies within the free lock period, so they are unable to cancel those policies 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