CONSUMER DISPUTES REDRESSAL COMMISSION

MAHARASHTRA STATE, MUMBAI



FIRST APPEAL NO. 574 OF 2009 Date of filing : 02/04/2009

@ MISC. APPL. NOS. 584 & 585 OF 2009 Date of order : 24/07/2009

IN CONSUMER COMPLAINT NO. 228 OF 2008

DISTRICT CONSUMER FORUM : SOLAPUR



1. HDFC Standard Life Insurance co. Ltd.

2. Divisional Manager

HDFC Standard Life Insurance co. Ltd.

Opposite Old R.T.O. Office,

Railway Lines, Solapur. … Appellants/org. O.Ps.

V/s.

Shakil Abdul Majid Sayyad

r/at Plot No.1, Vaishanvi Arcade,

Near Laxmi Bank Colony,

Old Solapur. … Respondent/org. complainant


Corum : Shri S.R. Khanzode, Hon’ble Presiding Judicial Member
Mrs. S.P. Lale, Hon’ble Member

Present: Mr.A.S. Vidyarthi, Advocate for the appellants.

Mr.Ashok Tajane, Advocate for the respondent.

- : ORDER :-
Per Shri S.R. Khanzode, Hon’ble Presiding Judicial Member

This appeal arises out of order/award dated 07/02/2009 passed in consumer complaint No.228/2008 Shakil Abdul Majid Sayyad V/s. HDFC Standard Life Insurance co. Ltd. by District Consumer Disputes Redressal Forum Solapur.

Admittedly, respondent/org. complainant had taken a policy from appellants/O.Ps. known as ‘HDFC Unit Linked Youngstar Policy’. Respondent agreed to pay quarterly installment of Rs.25,000/- each during period 04/02/2005 to 04/02/2015. However, he had paid only 8 installments. Thereafter, policy came to be lapsed for non-payment of premiums which were due. The default was informed to the respondent/complainant by appellants per letter dated 22/05/2007. It is the contention of appellants that after policy was lapsed, they have sent amount due under the said policy amounting to Rs.2,14,452.51 on the address given in the policy by the respondent. Said amount was disbursed as per cheque No.25423 dated 19/06/2007. However, cheque returned undelivered since due to change of address of the respondent/complainant. Subsequently, by his letter dated 07/09/2007 respondent informed the appellants about change of his address and requested the appellants to send the cheque to his new address. However, since amount was not remitted to him, he had filed this consumer complaint. Same was decreed and feeling aggrieved thereby, O.Ps./Insurance Company preferred this appeal.

We heard Mr.A.S. Vidyarthi, Advocate for the appellants and Mr.Ashok Tajane, Advocate for the respondent. Perused the record.

There is delay of 23 days (24 days) in filing appeal and therefore, application for condonation of delay is filed. Delay being not intentional and finding that the same is satisfactorily explained, we are inclined to condone the same. We hold accordingly and condoned the delay.

In the instant case, appellant/Insurance Company cannot go beyond its written statement dated 19/11/2008. As per pleadings of the appellants, after policy was lapsed, amount payable to the life insured i.e. respondent amounting to Rs.2,14,452.51 were remitted to him by cheque No.25423, dated 19/06/2007. However, said cheque returned undelivered to them. Subsequently, respondent informed them on 07/09/2007 about change in address. Written statement did not say anything that the amount was remitted thereafter. At the time of arguments, a reference is made to letter dated 12/02/2008 showing that the amount remitted through Courier with consignee name – Shakil Abdul Majid and same was delivered on 22/06/2007. However, as earlier pointed out that statement thereof, being in variance with the pleadings, supra, cannot be believed.

Appellant referring to the policy document particularly to its clause No.(iii) under sub-title, “Persons entitled to Benefits” submitted that Anjum Shakeel Sayyed, who is wife of the respondent/org. complainant named as beneficiary under the policy and since amount is paid to her, there is no deficiency in service on their part. Again, this statement is contrary to the case pleaded or in variance with the pleadings and as such cannot be believed.

Remittance of the amount due after lapse of policy as per the written statement was sent to the policy holder i.e. respondent. Since, no payment is made to which the respondent is legally entitled, appellant/Insurance Company is guilty of deficiency of service. Forum below rightly held so and awarded the claim. We find no reason to interfere with it and thus, finding appeal devoid of any substance, pass the following order:-

-: ORDER :-

1. Misc. Appl. No.584/2008 for condonation of delay stands allowed. Delay is condoned.

2. Appeal stands dismissed with cost of Rs.1,000/-.

3. Misc. Appl. No.585/2009, which is for stay stands disposed of as infructuous.

4. Copies of the order be furnished to the parties.





(S. P. Lale) (S. R. Khanzode)

Member Presiding Judicial Member



dd.

sir,

this is to inform you that, please cancel ,my life policy bearing no; 14818925 in the free look period. On the 30/12/2011, i buy the one life policy,
through the hdfc bank. I told the concern person to deduct the amount of rs 200000/= from my saving account and consider as the single premum only, as i cant pay the amount of rs 200000/= every year, latter i come to know that they have consider my premium as the regural premium. Next day i send the mail to head office, not to process my application and refund the same amount in my saving account.

i got the call from head office, that they cannot process to cancel my application, as they requred in written cancelation letter . I agreed with team. But this is not at all my fault. Yesterday, i got at a mail mention that there are freelook charges. This mail shocked me even your agent cheats me but you charges me. I send you many mails not to procees my case and refund the same amount in my account. You can check that????????????????

i request to you please refund the same amout of rs 200000/= in my hdfc bank saving account.

regards
syed jibran rufaie
nominees name; syed tooba rufaie jibran
date of birth; 10/10/1979
place of birth; srinagar