BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM, JALANDHAR.
Complaint No.250 of 2015
Date of Instt. 09.06.2015
Date of Decision : 08.07.2016
Karampal Singh Dosanjh aged about 56 years son of Dr.Gurbax Singh Dosanj R/o Village Nurmahal, KP Astro Research Centre, Massran Mohalla, Tehsil Phillaur, District Jalandhar.
..........Complainant
Versus
1.The Manager, Customer Service, ICICI Prudential Life Insurance Co.Ltd., ICICI Prulife Towner, 1089, Appa Saheb Marathe Marg, Prabhadevi, Mumbai-400025 through its Authorized Signatory.
2.The Branch Manager, ICICI Prudential Life Insurance Company, Branch at Jalandhar, GT Road, Opp.General Bus Stand, Jalandhar.
.........Opposite parties
Complaint Under Section 12 of the Consumer Protection Act.
Before: S. Bhupinder Singh (President)
Mrs. Jyotsna Thatai (Member)
Sh.Parminder Sharma (Member)
Present: Sh.Tarlok Singh Adv., counsel for the complainant.
Sh.KS Minhas Adv., counsel for the OPs.
Order
Bhupinder Singh (President)
1. The complainant has filed the present complaint under section 12 of the Consumer Protection Act against the opposite parties (herein called as OPs) on the averments that complainant purchased insurance policy bearing No.03629563 with date of commencement of 24.10.2006 from the OP. Complainant received policy documents on 3.11.2006 from the OP but he was not satisfied with the terms and conditions of the policy. So, he wrote a letter dated 13.11.2006 and requested for cancellation of the aforesaid policy and the refund of the premium of Rs.15,000/- within free look period of 15 days. Consequently, OP cancelled the policy and sent a cheque bearing No.331936 dated 6.12.2006 amounting to Rs.15,301.54/- drawn on ICICI Bank Limited; Complainant alleges that he received this cheque when its date has already expired. Complainant approached OP No.2 and handed over the cheque to them to revalidate the same. The OP failed to make the payment of amount of premium to the complainant. Complainant waited for such a long time and then he wrote letters dated 3.3.2011, letter dated 22.7.2011 and letter dated 24.4.2012 but the OP failed to refund the premium amount. Then the complainant issued legal notice dated 1.9.2014 to the OPs afterwards OP gave reply dated 31.10.2014 asking the complainant to furnish certain information. The complainant furnished the information even then the OP did not release the payment nor issued the revalidated cheque. Then complainant again served legal notice dated 26.12.2014. Then the OP sent letter dated 13.2.2015 alongwith cheque bearing No.881872 dated 10.2.2015 but OP failed to make the payment of interest and compensation. Complainant submitted that OPs have taken such a long time to revalidate the cheque. On such averments, the complainant has prayed for directing the OPs to pay the interest on the premium amount of Rs.15,000/- alongwith compensation and litigation expenses.
2. Upon notice, OPs appeared through counsel and filed written reply pleading that the OP cancelled the policy purchased by complainant and issued cheque bearing No.331936 dated 6.12.2006 to the complainant through letter dated 7.12.2006. The cheque in question was received by the complainant in time but he did not got the same encashed within stipulated time period, due to which the same was stale and same was not got encashed by the complainant for the reason best known to him. So, he can not be allowed to put blame on the OPs for own lapse and mistake. The complainant woke-up after about 8 years and approached the OP company vide legal notice dated 1.9.2014 which was duly replied by the company vide its letter dated 31.10.2014 asking the complainant for necessary documents/ information in order to look into the matter. Complainant further sent legal notice dated 26.12.2014 to which the company duly replied vide its letter dated 13.2.2015 whereby the complainant issued a fresh cheque of Rs.15,361.54/- i.e. cheque bearing No.881872 dated 10.2.2015 and the said cheque was duly got encashed by the complainant. So, the OP company was duly discharged from its liability.
3. In support of his complaint, learned counsel for the complainant has tendered into evidence affidavit Ex.CW1/A alongwith copies of documents Ex.C1 to Ex.C14 and closed his evidence.
4. On the other hand, learned counsel for opposite parties has tendered affidavit Ex.OP1/A alongwith copies of documents Ex.OP-1 to Ex.OP-4 and closed evidence.
5. We have heard the Ld. counsel for the parties, minutely gone through the record and have appreciated the evidence produced on record by both the parties with the valuable assistance of Ld. counsels for the parties.
6. From the record i.e. pleadings of the parties and the evidence produced on record by both the parties, it is clear that complainant purchased insurance policy bearing No.03629563 with date of commencement of 24.10.2006 from the OP. Complainant received policy document on 3.11.2006 from the OP but he was not satisfied with the terms and conditions of the policy. So, he wrote the letter dated 13.11.2006 making request for cancellation of the aforesaid policy and the refund of the premium of Rs.15,000/- within free look period of 15 days. Consequently, OP cancelled the policy and sent a cheque bearing No.331936 dated 6.12.2006 amounting to Rs.15,301.54/- drawn on ICICI Bank Limited. Complainant alleges that he received this cheque when its date has already expired. Complainant approached OP No.2 and handed over the cheque to them to revalidate the same. The OP failed to make the payment of amount of premium to the complainant. Complainant waited for such a long time and then he wrote letters dated 3.3.2011 Ex.C5, letter dated 22.7.2011 Ex.C6 and letter dated 24.4.2012 Ex.C7 but the OP failed to refund the premium amount. Then the complainant issued legal notice dated 1.9.2014 Ex.C8 to the Ops, then OP gave reply dated 31.10.2014 asking the complainant to furnish certain information. The complainant furnished the information even then the OP did not release the payment nor issued the revalidated cheque. Then complainant again served legal notice dated 26.12.2014 Ex.C10. Then the OP sent letter dated 13.2.2015 alongwith a cheque bearing No.881872 dated 10.2.2015 but OP failed to make the payment of interest and compensation. Learned counsel for the complainant submitted that OPs have taken such a long time to revalidate the cheque and all this amounts to deficiency in service on the part of the OPs qua the complainant.
7. Whereas the case of the OPs is that the OP cancelled the policy purchased by complainant and issued cheque bearing No.331936 dated 6.12.2006 Ex.C4 to the complainant through letter Ex.C3 dated 7.12.2006. The cheque in question was received by the complainant in time but he did not got the same encashed within stipulated time period, due to which the same was stale and same was not got encashed by the complainant for the reason best known to him. So, he can not be allowed to put blame on the OPs for own lapse and mistake. The complainant woke-up after about 8 years and approached the OP company vide legal notice dated 1.9.2014 which was duly replied by the company vide its letter dated 31.10.2014 Ex.C14 asking the complainant for necessary documents/ information in order to look into the matter. Complainant further sent legal notice dated 26.12.2014 to which the company duly replied vide its letter dated 13.2.2015 whereby the complainant issued fresh cheque of Rs.15,361.54/- i.e. cheque bearing No.881872 dated 10.2.2015 and the said cheque was duly got encashed by the complainant. So, the OP company was duly discharged from its liability. Learned counsel for the OPs submitted that under these circumstances, there is no deficiency in service on the part of the OPs qua the complainant.
8. From the entire above discussion, we have come to the conclusion that complainant purchased insurance policy bearing No.03629563 with date of commencement 24.10.2006 from the OP. Complainant received policy documents on 3.11.2006 but he was not satisfied with the terms and conditions of the policy and he wrote letter dated 13.11.2006 to OP No.2 making request for cancellation of the policy and the refund of the premium of Rs.15,000/- within free look period. Consequently, OP cancelled the policy and refunded the premium amount to the complainant by issuing cheque bearing No.331936 dated 6.12.2006 Ex.C4 and the said cheque was sent to the complainant vide letter dated 7.12.2006 Ex.C3 by the OP. The complainant in his pleadings i.e. written version as well as in his evidence i.e. affidavit Ex.CW1/A has no where stated that as to when he received this letter Ex.C3 alongwith cheque Ex.C4. In this letter Ex.C3 dated 7.12.2006 it has been categorically written by OP that the cheque in question drawn on ICICI Bank can be deposited within three months from the date of issue. Complainant has alleged that he received the cheque when its date has already expired but the complainant could not produce any evidence in this regard that he received the cheque Ex.C4 dated 6.12.2006 after the expiry of its encashment period nor in the letters Ex.C5 dated 3.3.2011 and letter dated 22.7.2011 Ex.C6. Complainant has ever alleged that he received the cheque after the expiry of its encashment date i.e. after the expiry period of three months from the date of its issue. Whereas the OP has categorically alleged in their written version as well as in their evidence i.e. affidavit Ex.OP1/A that the cheque in question Ex.C4 dated 6.12.2006 was sent to the complainant by OP vide letter dated 7.12.2006 Ex.C3. So, this cheque has been received by the complainant within the month of December, 2006 but he did not get the same encashed within its valid period of three months because the OP has categorically written in their letter dated 7.12.2006 Ex.C3 that the cheque can be deposited within three months from the date of issue of this cheque. So, it is clear that the complainant did not get this cheque encashed within its valid period of three months from the date of issue of the cheque and when encashment date of the cheque expired, the complainant approached OP No.2 for its revalidation. Complainant could not produce any evidence as to when he approached the OP for revalidation of this cheque Ex.C4 or when they returned the cheque in question to the OPs. However, for the first time, complainant approached the OP vide letter dated 3.3.2011 Ex.C5 i.e. after a lapse of a period of more than four years, in which the complainant has written to the OP No.2 for revalidation of the cheque which he has given to the OP. Complainant stated that he wrote a letter dated 25.10.2010 Ex.C13 to the OP No.2 but this letter does not find mentioned in the pleadings of the parties i.e. complaint nor in the evidence i.e. affidavit of the complainant Ex.CW1/A. So, all this shows that this letter has been created later on by the complainant. So it stands fully proved on record that complainant approached OP to revalidate the aforesaid cheque Ex.C4 to the OP for the first time vide letter dated 3.3.2011 Ex.C5 i.e. after a lapse of a period of more than four years. Thereafter, complainant wrote some letters such as letter dated 22.7.2011 Ex.C6, letter dated 24.4.2012 Ex.C7 to the OPs but the OPs did not pay any heed to the request of the complainant to issue a fresh cheque in lieu of the cheque Ex.C4 date of which has already expired. Then, complainant served a legal notice dated 1.9.2014 Ex.C8 upon the OPs through registered post, postal receipt of which is Ex.C9. Then, OP wrote letter dated 31.10.2014 Ex.C14 asking some information regarding the previous cheque Ex.C4. Then, complainant sent another legal notice dated 22.12.2014 Ex.C10 to the OPs in which he also gave the details/information demanded by the OPs from the complainant vide letter dated 31.10.2014 Ex.C14 and then the OP issued a fresh cheque bearing No.881872 dated 10.2.2015 of Rs.15,361.54/- to the complainant and sent the said cheque to the complainant vide letter dated 13.2.2015 Ex.C12 which was duly received by the complainant and he got the same encashed and this fact has not been denied by the complainant.
9. From the entire above discussion, it stands fully proved on record that the earlier cheque issued by the OP i.e. cheque Ex.C4 dated 6.12.2006 issued by OP to the complainant as refund of the premium amount of the cancelled policy of the complainant, could not be get encashed may be due to fault on the part of the complainant that he could not get the same encashed within valid period of three months from the date of issue of the cheque, but it stands fully proved on record that the said cheque amount of cheque Ex.C4 was never debited to the accounts of the OP and the OPs have full knowledge that the said cheque was not got encashed by the complainant. Complainant approached OP to get the said expired cheque revalidated. Complainant for the first time approached the OP in this regard vide letter dated 3.3.2011 Ex.C5 and thereafter vide letter dated 22.7.2011 Ex.C6 and letter dated 24.4.2012 Ex.C7 but the OP did not pay any heed to the request of the complainant and then complainant had to serve legal notice on the OPs. i.e. legal notice dated 1.9.2014 Ex.C8 through registered post, postal receipt of which is Ex.C9 and only then the OP moved into action and wrote letter to the complainant dated 31.10.2014 Ex.C14 asking the complainant to furnish certain details/information regarding the expired cheque Ex.C4 regarding its payment/non-payment. Complainant furnished this information to the OP but inspite of that OP did not issue fresh cheque in lieu of the expired cheque Ex.C4 to the complainant. Then the complainant had to serve another legal notice upon the OPs i.e. notice dated 26.12.2014 Ex.C10 through registered post, postal receipt of which is Ex.C11 and then the OP issued fresh a cheque bearing No.881872 dated 10.2.2015 for Rs.15,361.54/- and sent the same to the complainant vide letter dated 13.2.2015 Ex.C15 which was received by the complainant and he got the same encashed. So, there are lapses/laches on the part of both the parties. Complainant could not prove that he received the cheque after its encashment period has already expired as alleged by the complainant. Further, he moved the OP for issuance of fresh cheque in lieu of cheque Ex.C4 which was never got encashed by the complainant, after a lapse of a period of more than four years. OPs were also negligent in the performance of their duties because the complainants sent letter dated 3.3.2011 Ex.C5, letter dated 22.7.2014 Ex.C6, letter dated 24.4.2012 Ex.C7 to the OP for issuance of fresh cheque in lieu of the expired cheque Ex.C4 dated 6.12.2006 but the OP did not pay any heed to the request of the complainant and he had to serve two legal notices dated 1.9.2014 Ex.C8 and dated 26.12.2014 Ex.C10 upon the OPs and then the OPs issued a fresh cheque dated 10.2.2015 and sent the same to the complainant vide letter dated 13.2.2015 Ex.C12. OPs received information i.e. request of the complainant for issuance of fresh cheque in lieu of the expired cheque dated 6.12.2006 Ex.C4 from the complainant vide letter dated 3.3.2011 Ex.C5 but issued the fresh cheque on 10.2.2015 i.e. after a lapse of a period of four years which amounts to deficiency in service on the part of the Ops qua the complainant.
10. Keeping in view all these circumstances, we hold that complainant is not entitled to interest on the amount of the cheque but there is some deficiency of service in the form of long delay on the part of the OPs to issue revalidated/fresh cheque in lieu of the expired cheque Ex.C4 i.e. delay of four years. As such, OPs are liable to pay compensation to the complainant.
11. Consequently, we dispose of this complaint with the directions to the OPs to pay compensation to the complainant to the tune of Rs.5000/- and also to pay the cost of litigation to the tune of Rs.2000/-. Copies of the order be sent to the parties free of costs under rules. File be consigned to the record room.
Dated Parminder Sharma Jyotsna Thatai Bhupinder Singh
08.07.2016 Member Member President
