Consumer Complaint No.

729 of 2009

Date of Institution

20.05.2009

Date of Decision


04.12.2009



Kamaljit Singh aged about 32 years s/o S.Nasib Singh, R/o Village Thouna, P.O. Mianpur, Roar, presently residing at House No.4746, Sector 70, Mohali.

….…Complainant

V E R S U S

1] Bharti AXA Life Insurance Company Limited, Unit 601 & 602, 6th Floor, Raheja Titanium, Off. Western Express Highway, Goregaon (East), Mumbai 400 063 through its M.D.

2] Mr.Pankaj Batta, Area Manager, Corporate Agency & Brokers, Bharti AXA Life Insurance Company Limited, (Punjab), SCO No.28-29, 2nd Floor, Sector 9-D, Chandigarh.

3] Mr.Ravi Hasija, Channel Operations Executive, Bharti AXA Life Insurance Company Limited, SCO No.28-29, 2nd Floor, Sector 9-D, Chandigarh.

4] Shelly Arora, Agent/Representative of Bharti AXA Life Insurance Company Limited, Office Net Ambit at SCO No.70, Sector 20-C, Chandigarh.

..…Opposite Parties



CORAM: SH.JAGROOP SINGH MAHAL PRESIDENT

SH.SIDDHESHWAR SHARMA MEMBER

DR.(MRS) MADHU BEHL MEMBER



Argued by: Complainant in person.

Sh.Mrigank Sharma, Adv. for OPs



PER SHRI JAGROOP SINGH MAHAL, PRESIDENT

The complainant initially opted for issuance of Life Insurance Policy from OPs and paid an amount of Rs.30,000/- through cheque as premium amount on 30.10.2008 but thereafter requested them not to issue any policy and not to encash the cheque issued by him as he did not want to get the policy but in spite of that the OPs encashed his cheque of Rs.30,000/-. It is averred that on receipt of policy document on 14.1.2009 the same was returned for its cancellation and an e-mail in this respect within 15 days of free look period but to no avail. Then the complainant personally visited the OPs for cancellation of policy and refund of his money and ultimately the OPs returned the amount of Rs.30,000/- but after four months period and that too without any interest. Complainant requested the OPs to pay the interest for the period they retained the amount of Rs.30,000/- but in vain. Hence, the present complaint has been filed alleging the above act of OPs as gross deficiency in service due to which the complainant had to suffer a lot.

2] OPs filed joint reply and admitted the factual matrix of the case. It is stated that on 28.1.2009 the OPs received Free Look Cancellation request from the complainant vide his letter dated 14.1.2009 and accordingly, as per his request a cheque of Rs.30,000/- i.e. the entire premium amount paid by him, was refunded vide letter dated 5.3.2009. It is also stated that the case of the complainant was promptly dealt with. Denying all other allegations, it is prayed that the complaint be dismissed.

3] Parties led evidence in support of their contentions.

4] We have heard the complainant, ld.Counsel for the OPs and have perused the record, including written arguments.

5] The contention of the complainant is that the OPs have forged his signatures on the proposal form due to which they are not producing the said form. It is also his case that when they asked for his signatures, he at that very time told the OPs that he was not interested in the policy and, therefore, the cheque of Rs.30,000/- should not be encashed and the insurance policy should be cancelled. The OPs, however, did not agree to the same and got the cheque encashed. The policy admittedly was received by the complainant on 14.1.2009. It carried a free look period of 15 days within which the complainant again informed the OPs for its cancellation. The OPs, however, took unnecessarily long time in canceling the policy and the cheque for Rs.30,000/- was given to him on 5.3.2009 which was encashed on 9.3.2009. The contention of the complainant is that interest on the said amount of Rs.30,000/- should be paid to him during the period from 3.11.2008 to 9.3.2009. The amount no doubt remained with the OPs during the said period and the complainant was deprived of interest thereon. It was, therefore, a genuine demand made by the complainant. The OPs did not agree to the same. The OPs, therefore, compelled the complainant to file this complaint which could have been avoided. We are, therefore, of the opinion that the present complaint must succeed. The same is accordingly allowed. The OPs are directed to pay interest @ 8% per annum on the amount of Rs.30,000/- for the period from 3.11.2008 to 9.3.2009. They shall also pay Rs.2,200/- as costs of litigation. The order shall be complied with by the OPs within 15 days from the date of receipt of its certified copy failing which the OPs would be liable to pay penal interest on the entire amount since the filing of the present complaint i.e. 20.5.2009 till the order is actually complied with by them.

Certified copies of this order be sent to the parties free of charge. The file be consigned.