Date of Filing: 17.02.2022 Date of Disposal: 27.02.2023
Complainant: Mr. Subhajit Saha, S/o- Sri Mantu Saha, resident of Rabindra Pally, near Children Park, P.O. & P.S.- Burdwan, Dist. Purba Bardhaman, 713101, W.B.
-VERSUS –
Opposite Parties: 1. The Managing Director, Reliance Nippon Life Insurance Co. Ltd., IRDAI Registration No.121, having its registered office at H, Block, 1st Floor, Dhirubhai Ambani Knowledge City, Navi Mumbai, Maharashtra-400710
2. Reliance Nippon Life Insaurance Company Ltd. having its branch office at RNLIC -101(3), East End, G.T. Road, Parbirhata, P.O.-Sripally, P.S.-Burdwan, Dist. Purba Bardhaman, Pin 713103, W.B. represented by its Branch Manager.
Present : Mohammad Muizzuddeen -Hon’ble President.
: Mrs. Lipika Ghosh - Hon’ble Member.
: Mr. Atanu Kr. Dutta. - Hon’ble Member.
Appeared for the Complainant : Debdas Rudra Ld. Advocate
Appeared for the Opposite Parties : Ex Parte.
F I N A L E x P a r t e O R D E R
On 17.02.2022, the complainant Mr. Subhajit Saha has filed the complaint u/S 35 of the C.P. Act, 2019 against the O.P. Nos.1 & 2.
The case of the complainant, in brief, is that the complainant and his father Sri Mantu Saha purchased two policies from the O.P. - Reliance Nippon Life Insurance Co. Ltd. being Policy Nos. 53709653 & 53704676 on 30.04.2020 and there was some sort of mis-selling of the two policies from the part of concerned agent of the O.P. and they requested the O.Ps to cancel those policies and refund back the money but the O.Ps did not take any proper steps. As such, the complainant and his father has lodged the complaint before the Insurance Ombudsman on 08.01.2021 alleging mis-selling of two policies and prayed for refund the money as paid towards premium which was registered as KOL-L-036-2021-0819 & KOL-L-036-2021-0818. The Insurance Ombudsman after hearing both sides were pleased to pass an award on 23.04.2021 in both cases thereby directing the O.Ps to cancel both the policies being Nos.53704676 & 53709653 and issue one single premium ULIP Policy under debt fund on the life of Mr. Subhajit Saha with the total premium paid plus total amount of renewal premium paid under those two policies on current date and directed the insurer to comply the award within 30 days from the receipt of the letter of the complainant and shall intimate the compliance to the ombudsman. The complainant and his father sent letter dated 10.07.2021 thereby accepting the award of Insurance Ombudsman before the O.Ps and requested to issue fresh policy in the name of the complainant. O.P. No.2 called for the complainant through over phone and requested him to sign upon a proposal form on taking signature, then O.P issued new Reliance Nippon Life Classic Plan II being No.53979152 and the certificate was delivered to the complainant on 20.09.2021. Thereafter on going through the terms and conditions of the said policy certificate, the complainant realized that he was completely misguided by the O.P. No.2 as because the O.P. No.2 told that the policy would be for the period of 10 years and after expiration of the period of 10 years, the sum assured would be double against the premium but it disclose that the policy was for about 15 years and the rate of interest was very low and after the period of 15 years, the sum insured amount would be Rs.1,30, 625/- in respect of premium amount of Rs.1,04,500/-. Thereafter the complainant decided to cancel the policy by taking benefit of Free Look Period as per terms and condition of the policy and he sent a letter dated 24.09.2021 praying for cancellation of the policy and requested them to refund the premium of Rs.1,04,500/- to him and he was ready to return the original policy bond. Thereafter, the O.P. sent a reply letter dated 14.10.2021 stating that they had received the request for cancellation the policy on 08.10.2021 which was beyond the applicable free look period of the policy and they are unable to cancel the said policy. Then being aggrieved and dissatisfied with the said reply, the complainant again lodged a complaint before the Insurance Ombudsman on 22.11.2021. The Ld. Insurance Ombudsman was pleased to pass the order dated 14.01.2022 in award No.IO/KOL/A/LI/0723/2021-2022 thereby dismissing the complaint without providing any relief to the complainant and gave liberty to the complainant to approach any other Forum/Court as per Law of the land. In this way the O.P. committed deficiency in service and unfair trade practice.
Upon this background, the complainant prayed for directing the O.Ps to get refund Rs.1,04,500/- to the complainant and Rs.1,00,000/- as compensation towards mental pain, agony and harassment and also litigation cost of Rs.30,000/-.
The O.P. Nos.1 & 2 did not appear though the notices were served upon them. Accordingly, the case is heard ex parte against them.
D e c i s i o n w i t h R e a s o n s
In order to prove the case, the complainant has filed evidence-on-affidavit and Xerox copies of documents.
On perusal of the complaint, evidence-on-record and Xerox copies of documents, it appears that the complainant has corroborated the case by his evidence-on-affidavit which has been depicted in the complaint. From the documents and case of the complainant, there is no dispute regarding the insurance ombudsman award dated 23.04.2021 and in view of the said award, the complainant put his signature on the filled up form for issuance of the loss through policy being No.53979152. But the dispute is that the O.P. misguided the complainant by issuing the said new policy regarding period of policy and rate of interest of the policy as it was assured that the said policy would be for the period of 10 years and after expiration of the period of 10 years the sum assured would double against the premium. But the O.P. issued the policy certificate or original bond which shows that it was for the period of 15 years and the rate of interest was very low and after the period of 15 years the sum insured amount would be Rs.1,30,625/- in respect of the premium amount of Rs.1,04,500/- for which the complainant sent a letter on 24.09.2021 for cancellation of the said policy and refund premium of Rs.1,04,500/- from the O.P. It is evident from the evidence of the complainant that said cancellation letter was sent through post on 24.09.2021 and it was delivered to the O.P. No.1 on 01.10.2021 and the O.P. No.2 refused to receive it on 25.09.2021 and the said articles for refund of the premium was within the Free Look Period as per terms and conditions of the policy. It is also appeared from the evidence that though the O.P. received the cancellation letter dated 24.09.2021 on 01.10.2021, yet they sent a reply dated 14.10.2021 showing that they had received requisite for cancellation of the policy on 08.10.2021 which was beyond the applicable Free Look Period of the policy and refused to refund the premium amount of Rs.1,04,500/-.It is also admitted that the complainant again lodged the complaint before the insurance ombudsman against the said refusal of the O.P. which was dismissed but gave opportunity to the complainant to approach any other Forum/Court as per Law of the Land. Hence, he lodged this complaint before the Commission.
Reliance Nippon Life Insurance booklet disclose the Free Look Provision as in the event you are in the disagreement with the terms and conditions stipulated in the policy document, you may wish to opt out of this plan, by stating the reasons of your disagreement in writing and return the policy to the company within 15 days of its receipt. From the document it appears from the Xerox copies of envelop of postal seal on the same that O.P. No.2 refused to receive the same on 25.09.2021. It appears from the letter dated 24.09.2021 praying for cancellation of the policy as per terms and conditions of the policy within Free Look Period was sent to the O.P. No.1 which was delivered on 01.10.2021 as per postal track consignment. Therefore, it can be said that information regarding the cancellation of the policy was received by the O.P. No.1 within the period of 15 days from the date of receipt of the policy as it was received on 20.09.2021. The cancellation letter does not disclose anywhere that he returned the original bond / certificate of policy but letter dated 24.09.2021 disclose that the complainant was ready to return the original policy bond as and when the O.P. No.2 would ask for and he did not take risks to send the original copy of bond through postal or courier transport. But as per free look period of the policy, the complainant shall have to return the policy within 15 days from its receipt and when the complainant purchased the policy it was well known to him. It is bounden duty of the complainant to return the original policy to the company within 15 days from the receipt of the same and it is immaterial to say when the O.P. asked him then he would submit it and he admitted Insurance Ombudsman already decided the matter and dismissed his complaint and affirm the refusal done by the O.P. Even the complainant did not feel any necessity to go to the office of the O.P. No.1 and to return the original policy bond to the company.
Under the above facts and circumstances of the case, we are of opinion that the complainant failed to prove his case that opposite party committed deficiency in service and unfair trade practice. The case fails.
Hence, it is
O R E R E D
that this case being No.32/2022 be and the same is dismissed ex parte against the O.P. Nos.1 & 2 but without any cost.
Let a copy of this order be given to the parties on free of cost.
Dictated & corrected by me.
President
D.C.D.R.C., Purba Bardhaman.
Member Member President
D.C.D.R.C., Purba Bardhaman. D.C.D.R.C., Purba Bardhaman. D.C.D.R.C., Purba Bardhaman.
