Chandigarh

DF-II

CC/1010/2019

Sham Dass Saini - Complainant(s)

Versus

Reliance Nippon Life Insurance Company (formerly known as Reliance Life Insurance Company - Opp.Party(s)

Jatin Khullar Adv. & Rohit Khullar Adv.

24 Aug 2022

ORDER

 DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	1010 OF 2019
Date  of  Institution	:	07.10.2019
Date   of   Decision	:	24.08.2022

 

 

 

 

 

Sham Dass Saini age about 69 years s/o Sh.Abay Singh, resident of H.No.171, MDC, Sector 4, Panchkula.

             …..Complainant

 

Versus

 

1]  Reliance Nippon Life Insurance Company (formerly known as Reliance Life Insurance Company (Reg. No.121), registered office H Block, 1^st Floor, Dhirubhai Ambani knowledge City, Nabvi Mumbai, Maharashtra 400710 through its Managing Director.

 

2]  Reliance Nippon Life Insurance Company (formerly known as Reliance Life Insurance Company (Reg. No.121), Corporate Office Reliance Centre, Off Western Express Highway, Santacruz East Mumbai 400055 through its Managing Director.

   

3]  Reliance Nippon Life Insurance Company (formerly known as Reliance Life Insurance Company (Reg. No.121), Regional office at SCO no.123-124, 2^nd Floor, Sector 17-C, Chandigarh 160017 through its Branch Manager.

 

4]  Munish Chauhan Agency Manager, Reliance Nippon Life Insurance Company (formerly known as Reliance Life Insurance Company (Reg. No.121), SCO no.123-124, 2^nd floor, Sector 17-C, Chandigarh 160017

 

 

    ….. Opposite Parties

 

 

BEFORE:  SMT.PRITI MALHOTRA        PRESIDING MEMBER 

                    SH.B.M.SHARMA                 MEMBER

                               

For Complainant : Sh.Jatin Khullar, Advocate

For OPs         : Sh.Gaurav Bhardwaj, Adv. for OPs No.1 to 3

   OP No.4 exparte

PER PRITI MALHOTRA, PRESIDING MEMBER

         Concisely put, the complainant, being allured by the false promises & assurance made by OP No.4, official of OPs No.1 to 3, to get his lapse policy revived, to get Rs.3 lakh after 3 months on payment of Rs.2 lakh and also to get sum assured of Rs.20 lacs, had purchased on Policy for his son Gaurav Saini of Reliance Nippon Life Insurance Company/OP Company by making payment of Rs.1,99,999/-. Accordingly, the complainant received the policy No.53438862, dated 7.4.2019 on 17.6.2019 (Ann.C-3).  It is stated that the complainant was stunned & shocked to see that the commitments given by OP No.4 at the time of selling the policy to the complainant was not fulfilled and the policy has been issued on other terms, having sum assured of Rs.5,99,199 for 24 years tenure having 12 years premium paying term.  Therefore, the complainant on 19.6.2019 submitted an application to the OP No.3 along with policy bond with a request to cancel the policy in question and refund of amount (Ann.C-4).  It is submitted that the complainant had made many efforts by approaching OPs in their Office for cancellation of said policy and refund of amount, but to no avail. Hence, this complaint has been preferred.

 

2]       The OPs No.1 to 3 have filed joint reply and while admitting the factual matrix of the case, stated that the policy in question was issued to the complainant as proposed by him and accordingly, the policy document was dispatched to the complainant vide Speed Post No.EP801222368IN, dated 8.4.2019.  It is submitted that after receiving the request for cancellation of policy, the complainant was immediately contacted, the proposal form signed by complainant was inspected and no sign of tempering was found.  It is also submitted that the policy was sent to the complainant sent through speed post on 8.4.2019, which was duly received by the complainant, whereas the request for cancellation was received on 19.6.2019 which is beyond the free look period of 15 days, therefore, the request for the cancellation of the policy was rejected and intimated through email on 20.6.2019 (Ann.R-5 & R-6).  Denying all other allegations, the OPs have prayed for dismissal of the complaint.

         OP No.4 did not turn up despite service of notice through publication, hence OP No.4 was proceeded exparte vide order dated 12.3.2020.

 

3]       Rejoinder has also been filed by the complainant thereby controverting the assertions of OPs made in their reply.

 

4]       Parties led evidence in support of their contentions.

5]       We have heard the ld.Counsel for the parties and have perused the entire record.

 

6]       Perusal of documents on record especially Ann.C-7, dated 18.2.2021 i.e. information furnished by Department of Posts, GPO, Chandigarh, proves that the OP Company vide email dated 20.6.2019 (Ann.R-6) illegally rejected the genuine request of complainant for cancellation of Policy by taking false plea that the policy was dispatched to complainant on 8.4.2019 through Speed Post No.EP801222368IN and that the policy cancellation request is beyond the free look period of 15 days from the receipt of policy document.  As per above mentioned Ann.C-7, no such speed post has been booked by the Postal Authorities. The OP Company also failed to refute the said information of Postal Authorities by placing on record original speed post receipt, which further establishes that the OP Company intentionally took such false plea only to cause loss to the complainant. Therefore, the deficiency in service as well as indulgence into unfair practices on the part of OP Company is writ large.

 

7]       From the above discussion and findings, we are of the opinion that it is proved that the OPs No.1 to 3 have acted illegally and arbitrarily, which not only amounts to gross deficiency in service on their part but also amounts to their indulgence into unfair trade practice. Therefore, the present complaint stands allowed against OPs No.1 to 3 with direction to refund the premium amount of Rs.1,99,999/- to the complainant along with interest @10% p.a. from the date of payment i.e. 11.3.2019 (Ann.C-2) till its realization. The OPs No.1 to 3 are also directed to pay a compensation amount of Rs.20,000/- to the complainant for causing him immense mental agony & harassment due to their illegal, deficient and unfair act & conduct, apart from paying litigation cost of Rs.10,000/-.

         This order shall be complied with by the Opposite Parties No.1 to 3 within a period of 30 days from the date of receipt of its certified copy, failing which it shall be liable to pay additional compensatory cost of Rs.10000/- apart from above relief.

 

8]       The complaint qua OP No.4 stands dismissed.  

         Certified copy of this order be sent to the parties free of charge, after which the file be consigned.   

Announced

24^th August, 2022                                                Sd/-                      

 (PRITI MALHOTRA)

PRESIDING MEMBER

 

Sd/-

(B.M.SHARMA)

MEMBER