DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II U.T. CHANDIGARH [Complaint Case No:449 of 2011] Date of Institution :30.05.2011 Date of Decision :30.03.2012 --------------------------------------- Wg. Cdr. Surinder Singh Likhari resident of House No.639, Phase-6, Sector 56, S.A.S. Nagar, Mohali-160056. ….Complainant. (VERSUS) [1] The Manager Client Service Desk, M/s Kotak Mahindra, Old Mutual Life Insurance Limited, 7th Floor, Zone IV, Building No.21, Infinity Park, Off Western Express Highway, Goregaon Mulund Link Road, Malad East, Mumbai – 400 097. [2] The Manager, Kotak Life Insurance, SCO No.141-142, 2nd Floor, Sector 9C, Chandigarh – 160 009. [3] The Manager, Kotak Mahindra Old Mutual Life Insurance Ltd., S.C.O. No.5, Top Floor, Sector 34-C, Chandigarh – 160034. ---Opposite Parties. BEFORE: SHRI LAKSHMAN SHARMA PRESIDENT MRS. MADHU MUTNEJA MEMBER SHRI JASWINDER SINGH SIDHU MEMBER Argued By: Wg. Cdr. Surinder Singh Likhari, Complainant in person. Sh. Gaurav Bhardwaj, Advocate for the OPs. PER LAKSHMAN SHARMA, PRESIDENT [1] Wg. Cdr. Surinder Singh Likhari has filed this complaint under section 12 of the Consumer Protection Act, 1986 praying therein that OPs be directed:- i) To refund the premium amount of Rs.50,000/- along with interest @18% per annum from the date of deposit i.e.30.05.2010 till payment; ii) To pay a sum of Rs.40,000/- as compensation for physical harassment and mental agony; iii) To pay a sum of Rs.35,000/- as compensation towards wastage of time and humiliation; iv) To pay a sum of Rs.40,000/- as compensation for loss of opportunity in investing in better avenues; v) To pay a sum of Rs.10,000/- as costs of litigation. [2] The facts necessary to appreciate the points involved in the present complaint are as under: - The complainant purchased a Policy bearing No.02026262 from OPs on 24.06.2010 through their authorised agent/Manager Sh. Vikram Sharma and Assistant Sales Manager Sh. Rajiv Thakur, both employees of OP No.3. The Policy Document dated 24.06.2010 was received by the complainant on 26.06.2010. He paid a sum of Rs.50,000/- towards the premium. According to the complainant, on perusal of the Policy Document, the same were found to be totally at variance from what was told to him by the two employees of OP No.3. It is averred that on 07.07.2010, the complainant returned the said Policy Document to OP No.2 within the Free Look enclosing therewith the duly signed form for cancellation of the policy in question. However, the complainant did not agree and struck to his demand for cancellation of the policy. On 27.09.2010, the complainant also lodged a complaint with the Insurance Ombudsman, Chandigarh (Enclosure No.3). Thereafter, the complainant received a Lapse Notice dated 28.07.2011 (Enclosure No.9) whereby it was informed that the Policy in question had lapsed w.e.f. 28.07.2011 due to non payment of renewal premium. It has further been pleaded that it appears that the OPs fabricated some letter to the effect that the complainant wants to continue with the policy. According to the complainant, non refund of Rs.50,000/- as premium amount by the OPs, amounts to deficiency in service and unfair trade practice. So, the present complaint has been filed by the complainant seeking the reliefs mentioned above. [3] Notice was served upon the OPs who appeared on 22.11.2011 and time was granted to the OPs to file their written statement along with the evidence. Thereafter, despite five opportunities granted to the OPs, they failed to file any written statement or the evidence by way of affidavit. Therefore, their defense was struck-off by the Forum as they were not interested to contest their case seriously vide order dated 06.03.2012. [4] We have heard the learned counsel for the parties and have perused the record. [5] In the absence of any reply from the side of OPs, the averments made by the complainant in his complaint have gone un-rebutted and unchallenged. The complainant purchased a Policy bearing No.02026262 from OPs on 24.06.2010 through employees of OP No.3 and paid a sum of Rs.50,000/- as premium. On finding the terms and conditions of the said policy at variance from what was assured to him, he returned the same back to OP No.2 on 07.07.2010 i.e. within the Free Look vide letter-e-mail dated 07.07.2010 (Enclosure No.4). The averment of the complainant that he never wrote letter dated 15.07.2010 (Enclosure No.5) to OPs for retention of the policy has also gone unrebutted in the absence of any reply or cogent evidence of OPs. The averments made in the complaint also stand corroborated from letters/emails dated 15.08.2010 and 03.09.2010 (Enclosures No.6 and 7) written by the complainant to the OPs wherein he requested the OPs for refund of his money as the policy was surrendered within the free look period on 07.07.2010. We, therefore, are of the opinion that letter dated 15.07.2010 is a fabricated and forged document. Furthermore, the averments made in the complainant are fully supported by the affidavit of the complainant tendered in evidence. In these circumstances, non cancellation of the policy and refunding the premium amount despite receiving the request for cancellation within the free look period by the OPs amounts to deficiency in service and unfair trade practice. Therefore, the OPs are liable to refund the amount of premium to the complainant. [6] In view of the foregoing discussion, the present complaint is allowed and the OPs are, jointly & severally, directed to:- i) refund a sum of Rs.50,000/- to the complainant being the amount of premium paid by him; (ii) Pay to Complainant an amount of Rs.5,000/- as compensation for mental agony and harassment; (iii) Pay Rs.7,000/- as litigation costs. [7] The above said order shall be complied with within 45 days of its receipt; thereafter, the opposite parties shall be liable for an interest @18% per annum on the aforesaid amount of Rs.55,000/- (Rs.50,000 + Rs.5,000), till actual payment, besides Rs.7,000/- as costs of litigation. [8] Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room. Announced 30th March, 2012. Sd/- (LAKSHMAN SHARMA) PRESIDENT Sd/- (MADHU MUTNEJA) MEMBER Sd/- (JASWINDER SINGH SIDHU) MEMBER Ad/-
C.C.No.449 of 2011 Present: None. --- The case was reserved on 19.03.2012. As per the detailed order of even date recorded separately, this complaint has been allowed. After compliance file be consigned. Announced. 30.03.2012 Member President Member
| | MRS. MADHU MUTNEJA, MEMBER | HONABLE MR. LAKSHMAN SHARMA, PRESIDENT | MR. JASWINDER SINGH SIDHU, MEMBER | | 
