District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No. 456/2021.
Date of Institution: 14.09.2021.
Date of Order: 01.08.2022.
Bachan Singh S/o Shri Bulaki ram Rana R/o H.No. A-102, Sai Park Apartment, Sector-87, Grater Faridabad, Haryana.
…….Complainant……..
Versus
1. The Manager, SBI Life Insurance Co. ltd., 39, 2nd floor, Neelam Bata road, Tehsil Badkhal Distt. Faridabad, through its Manager.
2. The Regional Director, SBI Life Insurance Co. Ltd., B-201A Tob 201G, 2nd floor, Statesman House, Bara Khamba Road, New Delhi – 110 001. Through its Regional Director.
…Opposite parties……
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
PRESENT: Sh. Kalyan Singh, counsel for the Complainant.
Sh. Rajiv Chaudhary, counsel for opposite parties Nos.1 & 2.
Opposite party No.3 ex-parte vide order dated 02.03.2022.
ORDER:
The facts in brief of the complaint are that the opposite parties had granted a policy to the complainant vide policy NO. 1H451315304 on dated 27.10.2020 against SBI Saving A/c No. 10783015591 in SBI Branch. Ms. Sunit (Mob. NO. 9711198442) called complainant so many times to come to SBI branch, Sector-16, Faridabad, whereby Saving Bank A/c. No. 10783015591 of complainant was operational in the said branch. When complainant reached in the SBI branch, Sector-16, Faridabad, complainant saw that Ms. Sunita was sitting on the counter with other employees of SBI, Sector-16, Faridabad branch. Ms. Sunita told to the complainant that there was very good monthly income policy/as fixed deposit for the senior citizen a period of 05 and complainant had to deposit Rs.2,00,000/- for 5 years and a monthly income in the shape of interest @ 9.5% p.a. would be credited to the account of the complainant. On believing the words of Ms. Sunita and that she was employee of SBI complainant gave concurrence for the monthly income scheme briefed to the complainant and a sum of Rs.2,00,000/- was deducted from the account of the complainant. At the time of purchasing the above said policy it was not disclosed by representative of the opposite party that this was a SBI Life Retire Smart Policy Plan. On 30.11.2020, the complainant had received the hard copy of the policy and kept it away due to COVID-19 and opened the same on dated 14.12.2020 then it had come into the knowledge of the complainant that this was SBI Life Retire Smart Plan Policy of SBI Life and it was not the policy of SBI as was stated by Ms. Sunita. Immediately the complainant approached the home branch of SBI, Sector-16, Faridabad and it was told to the complainant that this was not the policy of SBI the complainant got shocked to know that he was being cheated. Thereafter the complainant made complaint to the concerned authority on dated 20.12.2020 and concerned branch of SBI Life at NIT, Faridabad branch on dated 21.12.2020 whereby complainant had requested to them to cancel the above said policy with immediate effect and refund complainant’s entire sum of Rs.2,00,000/- paid by him as complainant never opted this policy. But no action had taken on the complaint of the complainant by the concerned authority and hey always had misguided and misrepresented complainant. The complainant sent legal notice to opposite party but all in vain. The aforesaid act of opposite party amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite party to:
a) refund the entire amount without any deduction alongwith interest @ 24% p.a. from the date of deposit the amount till its actual final realization.
b) pay Rs. 50,000/- as compensation for causing mental agony and harassment .
c) pay Rs. 21,000 /-as litigation expenses.
2. Opposite parties Nos.1 & 2 put in appearance through counsel and filed written statement wherein Opposite parties Nos.1 & 2 refuted claim of the complainant and submitted that the complainant was demanding refund of premium. The proceedings before the Hon’ble Commission being summary in nature, the complaint was not maintainable. Further the allegations require a thorough investigation, examination and cross – examination of witnesses which wee beyond the purview of the Hon’ble Commission. Only Civil Courts were competent to handle such cases and in the case of Life Insurance corporation of India Vs. Surinder Kaur & Others (Civil Appeal No. 5334 of 2006, SLP © No. 7865-8766 of 2005). The answering opposite parties had ssued the policy NO.1H451315304 as per the duly filled proposal form bearing No.1HBC257768 dated 22.10.2020. further, the complainant had not raised any issue regarding the terms and conditions of the policy during the free look period. Hence, the complaint wa sliable to be dismisse din limine. Hence, thre was no cause of action to raise any dispute and file this present complaint. The complaint was sans any substance. In life insurance contracts, the proposal form was the foundation of the contract and was a very important document. It was submitted that the answering opposite parties received the duly filled in proposal form in the name of the complainant and the policy was issue din good faith accordingly. If the complainant was not satisfied with any of the terms and conditions of the policy, he could had approached the answering opposite parties for cancellation and refund during the stipulated free look period. There was no provision in the terms and conditions of the policy for cancellation and refund once the free look period was over.Opposite parties denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
3. Registered notice sent to opposite party No.3 on 24.01.2021 not received back either served or unserved. Case called several times since morning. But none appeared on behalf of opposite party No.3. More than one month had elapsed. Therefore, opposite party No.3 was hereby proceeded against ex-parte vide order daed 02.03.2022.
4. The parties led evidence in support of their respective versions.
5. We have heard learned counsel for the parties and have gone through the record on the file.
6. In this case the complaint was filed by the complainant against opposite parties – SBI Life Insurance with the prayer to: a) refund the entire amount without any deduction alongwith interest @ 24% p.a. from the date of deposit the amount till its actual final realization. b) pay Rs. 50,000/- as compensation for causing mental agony and harassment . c) pay Rs. 21,000 /-as litigation expenses.
To establish his case the complainant has led in his evidence,Ex.CW1/A – affidavit of Bachan Singh, Ex.CW-1 – affidavit of Shri Bachan Singh, Ex.C-2 to C-5 – emails,, Ex.CW-6 – reply to legal notice,, Ex.CW-7 – postal receipt, Ex.CW-8 – legal notice,
On the other hand counsel for the opposite parties Nos.1 & 2 strongly
agitated and opposed. As per the evidence of the opposite parties, Ex.RW1 – proposal form,, Ex.RW2 – policy, Ex.RW-3 – Notification, Ex.RW-4 – email dated 27.10.2020, Ex.RW-5 – legal notice, Ex.RW6 – reply to legal notice.
7. In this case, the opposite parties had granted a policy to the complainant vide policy NO. 1H451315304 on dated 27.10.2020 against SBI Saving A/c No. 10783015591 in SBI Branch. At the time of purchasing the above said policy it was not disclosed by representative of the opposite party that this was a SBI Life Retire Smart Policy Plan. On 30.11.2020, the complainant had received the hard copy of the policy and kept it away due to COVID-19 and opened the same on dated 14.12.2020 then it had come into the knowledge of the complainant that this was SBI Life Retire Smart Plan Policy of SBI Life and it was not the policy of SBI as was stated by Ms. Sunita. Immediately the complainant approached the home branch of SBI, Sector-16, Faridabad and it was told to the complainant that this was not the policy of SBI the complainant got shocked to know that he was being cheated. Thereafter the complainant made complaint to the concerned authority on dated 20.12.2020 and concerned branch of SBI Life at NIT, Faridabad branch on dated 21.12.2020 whereby complainant had requested to them to cancel the above said policy with immediate effect and refund complainant’s entire sum of Rs.2,00,000/- paid by him as complainant never opted this policy.
On the other hand counsel for opposite parties Nos.1 & 2 argued that as per the arecord, Shri Bachan Singh had appleid for SBI Life Retire Smart policy vide proposal form NO.1HNC257768 dated 22.10.2020 alongwith an initial proposal deposit of Rs.2,00,000/-, opting for yearly mode of premium payment for a premiuym paying term of 5 yearas and term of 10 years. Based on the information provided in the proposal form, the proposal of the compalinant was accepted and accordingly the policy bearing No.1H451315304 was issued with date of commencement as 27.10.2020 and periodicity of payment of pemium was yearly and premium paying term as 5 years and term of the policy as 10years. Policy No.1H451315304 was issued with date of commencement 27.10.2020 and submitted that the SBI Life had dispatched the original policy doucment to the registered address of the complainant on 30.10.2020 vide Sri Chakra Courier AWB No. BB2569067. As per the records of answering opposite parties, the policy documents was delivered on 09.11.2010. In accordance with the IRDAI regulations, in case the policy holder is not satisfied with ther terms & conditions as mentioned in the policy document, he has the option to return the policy under Free Look Cancellation to SBI Life Insurance co. Ltd. In this case, the complainant has not opted for Free Look Cancellation within the stipulated period. In the instant case, the opposite parties have not receive dthe request for Free Look Cancellation within the Free Look period. The date of commencement of the policy is 27.10.2020 and the next renewal premium due under the policy is on 27.10.2021.
8. After going through the evidence led by the parties, the Commission is of the opinion that the complaint is disposed off with the direction to deduct the 10% as administrative amount from the total amount. There are no order as to costs. Compliance of this order be made within 30 days from the date of receipt of copy of this order. Copy of this order be sent to the parties concerned free of costs. File be consigned to the record room.
Announced on: 01.08.2022 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
