Delhi

West Delhi

CC/12/944

Mrs. Mala Devi Jattav - Complainant(s)

Versus

HDFC Standard Life Insurance - Opp.Party(s)

23 Aug 2017

ORDER

CONSUMER DISPUTES REDRESSAL FORUM (WEST)

GOVERNMENT OF NCT OF DELHI

150-151 Community Centre, C-Block, JanakPuri, New Delhi – 110058

                                                                                                Date of institution: 02.01.2013

Complaint Case. No. 944/12                                                 Date of order   : 23.08.22017

IN  MATTER OF

Mrs. Mala Devi JattavR/o RZ-21/229, Dayal Park, West SagarPur,New Delhi­110046.

                                                                                                                        Complainant

VERSUS

H.D.F.C Standard Life Insurance Co., G-24, Ist Floor , Community Centre,  Behind  PVR Cinema,VikasPuri, New Delhi.

Opposite  party

ORDER

R.S. BAGRI,PRESIDENT

            Smt. Mala Devi Jattavnamed above here in the complainant has filed the present complaint  under section 12 of  Consumer Protection Act herein after in short  referred as the Act  against HDFC  Standard  Life Insurance Company  hereinafter  for convenience  referred as the opposite party  stating that she is a  poor, illiterate  and  scheduled caste. Some unscrupulous man came at her residence  and asked  her to  invest in HDFC Life  Insurance.   He got some paper signed from her.  The opposite party started monthly premium of Rs. 16,000/-from her account in Indian Bank, C Block,JanakPuri Branch, New Delhi.  The first installment was

deducted on 28.5.2009.   The installments were taken upto 29.05.2012.  The agent told her that she will get Rs. 1,20,000/- after three years.   But when she approached the opposite party to refund the amount the bankemployees  told  her that she will get the amount after ten years.  Hence the present complaint for directions to the opposite party  to refund amount received  and pay a sum ofRs. 25,000/-   for  compensation on account  of mental agony  and harassment suffered by her.

             After noticethe opposite party appeared and filed reply while raising preliminary objections of maintainability of the complaint in the present form, cause of action, limitation, concealment of true and material facts.  The complainant  did not   cancel the policy within  fifteen days of  the free look period and prayed for dismissal of the complaint.

            However, on merits the opposite party asserted that the opposite party on 28.05.2009 on receipt of proposal form with relevant documents and premium amount of Rs. 16,000/- issued HDFCunit linked  endowment  plus -IIpolicy  no. 12944623 commencing from 29.06.2009.  The policy  documents were sent to the complainant  and received  by her  on 08.07.2009 with terms and conditions of the insurance policy.The  complainant could get the insurance policy cancelled within  15 days  of  the  free lookperiod   from receipt  of the insurance  documents.  But the complainant did not availed the facility within the free look period,therefore, the complaint isnot  maintainable.  It is further asserted that the insurance policy was for 10 years and not for  three  years as stated  by the complainant  and  once again prayed for dismissal  of the complaint. 

            The complainant filed rejoinder to the reply of the opposite party  controverting stand of the opposite party taken in the reply   reiterating  her stand taken in the complaint.  She again prayed for directions to the opposite party. 

            When Smt. Mala Devi  Jattav  was asked  to lead  evidence  she tendered in evidence  her affidavit narrating  facts of the complaint.  She also relied upon  statement of account  of her account no.  765985066 with Indian Bank A-3, Block Local Shopping Center,  JanakPuri,  New Delhi.

            When the  opposite   party was asked to  lead evidence the opposite party tendered in evidence  affidavit of Sh. Rajeev Kumar Legal Manger narrating the facts of the reply of the  opposite party and  also relied upon insurance policy no.  12944623 with terms and conditions, receipt of first premium, proposal form dated  28.05.2009 and renewal  premium receipt  29.07.2009 .

             We have heard the complainant in person and learned counsel for the opposite party and have gone through the complaint,  rejoinder,  affidavits and documents filed by the  parties. 

 From the pleadings of the parties to the complaint and documents placed on record it is an admitted case  of the parties that the complainant  submitted proposal form with the   opposite party  dated 28.05.2009 and policy no. 12944623 dated 29.06. 2009 was issued and sent by the opposite party to the complainant.  The policy documents were received by the complainant on 08.07.2009.  First premium was also paid by the complainant on 29.06.2009.  She came to know of insurance policy with terms and conditionson 08.07.2009 on the date of receiving  of the insurance policy with terms and conditions.  She has asserted that a fraud is played upon her by some unscrupulous man. She took insurance policy for three years.  When after three years she approached the opposite party after three years to refund the amount deposited by her she came to know that the insurance policy is for  ten years .  Whereas on 08.07.2009 when she received insurance policy with terms and conditions she came to know of the period of the insurance policy.  Therefore,  cause of action arose to 8.07.2009 and as per   section  24 A of the Act limitation for filing  a complaint  under the Act is two years  from date of cause of  action.    Before proceeding further it is worthwhile to reproduce section 24 A of the Act whichruns as under:-

Section 24 A  Limitation period  of the Consumer Protection Act-

(1)       The District Forum, the StateCommission  or the National Commissionshall not admit a  complaint  unless it is filed  within  two years from the date  on which cause of action has arisen.

(2)       Notwithstanding  anything  contained in sub-section(1) , a complaint  may be  entertained  after the period  specified in sub-section(1), if the  complainant satisfies the District Forum, the State Commission or the National commission as the case may be, that he had sufficient  cause for not filing the complaint  within such period. 

Provided that no such complaint shall be entertained unless the National

Commission,   the State Commission or the District Forum, as the case may be,  records its reasons for condoning such delay.”

From bare reading of the provisions of section 24(A) of  the  Act  it   is

evident that  a complaint before the Consumer Forum can be filed within two years from the date of cause of action.  Whereas causeofaction in the present complaint arose on 8.07.2009. The present complaintis  filed on 02.01.2013 after  lapse of period of more than 4 years.  The complainant even has not filed any application for condonation of delay, therefore, we have no hesitation in concluding that the complaint is hopelessly barred by  limitation.

Furthermorethe insurance documents were received  by the complainant on08.07.2009 and as per clause (i) of the policy no.12944623 dated 29.06.2009 the complainant  could get the insurance policy cancelled  within 15 days  (free look  period ) from receipt of the insurance policy .    She could cancel the insurance policy up to 23.07.2009. Butshe did not avail the facility of cancellation of the policy provided in clause (1) of the insurance policy.  She did not cancel the insurance policy  within 15 days from receipt of the insurance policy.   Therefore, the complaint is notmaintainable . 

In the light of  our above discussion and observations firstly the complaint  is barred by limitation.  Secondly the complainant did not opt for cancelation  of the insurance policy within 15 days (free look period ) from 08.07.2009 of receipt of documents of the policy.  Therefore the complaint  is dismissed.

Order pronounced on :23.08.2017

• Copy of order be sent to the concerned parties free of cost.
• Thereafter, file be consigned to record.

 

 

 

(PUNEET LAMBA)                                                              ( R.S.  BAGRI )

                         MEMBER                                                                     PRESIDENT