Punjab

Patiala

CC/15/191

Prem Singh - Complainant(s)

Versus

The Manager,Bhatati AXA LIC - Opp.Party(s)

Inperson

22 Sep 2015

ORDER

                                                Complaint Case No.CC/15/191 of 3.9.2015

                             Prem Singh Vs. Bharti Axa LIC

 

23.9.2015:Present:      Complainant in person.

                   The file is taken up today as 22.9.2015 was declared holiday.

1. It is alleged by the complainant that he was the holder of the two single time policies purchased by him from the Ops. In the month of March,2015, he received a call from the executive of the Ops  who allured him to get his said two policies converted into single time polices. The complainant was informed by the Ops that as per the scheme of the Ops the complainant will have to pay the premium for three years ad he will get the maturity of the same after five years alongwith the bonus. On the said representation, he made the payments of Rs.1,02,000/- and 1,03,000/- towards policy No.501-1924262.However, when the complainant received the policies, the same were found to be different from what was assured to him. Therefore, he decided to get the policies cancelled and accordingly informed the representative of the Ops and asked for the refund of the money paid by him but he failed to receive any appropriate response.
2. It is further averred that he has been trying to communicate with the Ops but there being no response on their part to redress his grievance,then he wrote a letter dated 15^th May,2015 to the Ops for making a resolution of his grievance but to no effect. Accordingly the complainant has brought this complaint against the Ops under Section 12 of the Consumer Protection Act,1986(for short the Act) for a direction to the Ops to cancel his policies and to refund the total amount of Rs.2,05,000/- debited from the account of the complainant; to pay him Rs.1,50,000/-by way of compensation on account of the mental agony experienced by him and further to award him a sum of Rs.10,000/-towards the costs of the complaint.
3. The complainant has not produced any copies of the policies purchased by him earlier from the Ops, on the basis of which he got the two policies converted by making single time payment and rather the complainant has produced the copies of the policy  No.501-1924262 dated March 28^th,2014 and policy No.501-2132881 dated June 9^th 2014. The two policies are attached with the proposal forms, one to have been submitted for the insurance of Iqbal Singh s/o Prem Singh for the sum insured of Rs.10,12,030/- and the other policy also in favor of Sh.Iqbal Singh s/o Prem Singh for the sum insured of Rs.11,05,981/- and the policy term of the two policies as per the proposal form has been given as 15 years, the mode the premium payment being annual. In the case of policy No.501-1924262, the premium is shown to have been paid for Rs.1,00,000/- vide cheque No.516423 drawn on Punjab National Bank, The Mall, Patiala and the premium in respect of policy No.501-2132881 is shown to have been paid for Rs.1,06,823/- vide cheque No.516435 drawn on Punjab National Bank, Patiala.
4. The two policies also show the policy term of 15 years. The premium receipt in respect of policy No.501-1924262 is  recorded as Rs.1,00,049, while in case of policy No.501-2132881 the premium received is recorded as Rs.1,06,028/-.
5. In the case of policy kit bearing policy No.501-2132881, the complainant has produced the photo copy of the forwarding letter and the complainant was informed interalia: “We request you to  carefully go through the contents of your policy to ensure that the features and benefits are as per your requirements. The policy consists of the following:

• Policy Specifications: Contains your policy number, plan, sum assured and important dates of your policy.
• Policy Document/Bond: Details the benefits and terms and conditions of your policy
• Copies of your proposal form and illustration of benefit
• First premium receipt: Details of premium paid
• Medical reports & any other supplement(whenever applicable)
• Copy of your acceptance of the Counter Offer(if applicable)

In case the Policy is not to your satisfaction, you can withdraw your Policy stating the reason/s within the free look period of 15 days from the date of receipt of Policy. You need to send the original policy (the entire booklet) alongwith a request letter to us at the address mentioned at the bottom of this letter.”

6. We can suppose that a similar forwarding letter was addressed to the complainant in respect of policy No.501-1924262 but the complainant has not produced the photo copy of the same which is printed on the reverse of the policy kit.
7. The complainant never chose to get the policy cancelled within the free look period of 15 days from the date of receipt of the policies. The complainant has produced on file the copy of the letter dated 9.6.2015, which is addressed to the Consumer Court, Patiala and not to the Ops. The complainant has produced the photo copy of the docket of First Flight Couriers Ltd. dated 9.6.2015 to show that the said letter dated 9.6.2015 was also sent to Bharti Axa, Patiala through courier. Even if, it is presumed that the same was sent to the Ops, it was of no use to the complainant because the policy had to be got cancelled within the  free look period i.e. within 15 days from the date of the receipt of the policy. The policies were received by the complainant in the year 2014.
8. The complainant has asked for the refund of the amounts of the premium deposited by him in respect of two policies but no such terms and conditions are found contained in the two policies. The complainant has not made any representations, whatsoever with the Ops having made any complaint about the unfair trade practice or deficiency in service on their part concerning two policies. There are so many provisions contained in the two policies regarding the Lapsation of policy, as contained under Clause 3 and Reinstatement as contained under clause 5 of the terms and conditions. The complainant still has got the remedy to get his policy reinstated but for the reasons best known to him he has not opted for the same. May that as it be, the complaint in the present form is not maintainable against the Ops in the light of the terms and conditions contained in the two policies because no prima-facie case of unfair trade practice or deficiency of service is made out. The complaint is rejected accordingly. Copy of the order be supplied to the complainant free of cost.

File be consigned to the record room.

 

                    Member                          President