State Consumer Disputes Redressal Commission
Sri Shibprosad Mukherjee vs Hdfc Standard Life Insurance Co. Ltd. on 21 November, 2019
Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL COMMISSION WEST BENGAL 11A, Mirza Ghalib Street, Kolkata - 700087 First Appeal No. A/271/2016 ( Date of Filing : 30 Mar 2016 ) (Arisen out of Order Dated 20/01/2016 in Case No. CC/484/2012 of District Kolkata-I(North)) 1. Sri Shibprosad Mukherjee S/o Lt. Kamakshya Charan Mukherjee, Sec 2B, Bidhan Nagar, D-174, Shastri Avenue, near Main Road, Dist. Burdwan, Durgapur, W.B. -713 212. ...........Appellant(s) Versus 1. HDFC Standard Life Insurance Co. Ltd. Gariahat Branch, 1st floor, 26A, Hindustant Park, Gariahat Shopping Mall, Gariahat, Kolkata- 700 029. 2. India Infoline Insurance Brokers Ltd. 5th floor, A.C. Market, 1, Shakespeare Sarani, Kolkata -700 074, P.S. Shakespeare Sarani. ...........Respondent(s) BEFORE: HON'BLE MR. SHYAMAL GUPTA PRESIDING MEMBER HON'BLE MR. UTPAL KUMAR BHATTACHARYA MEMBER For the Appellant: Mr. S. K. Ghosh, Ms. Ishita Basu, Advocate For the Respondent: Mr. Prasanta Banerjee.Ms. Soni Ojha., Advocate Mr. Sanjoy kumar Gupta., Advocate Dated : 21 Nov 2019 Final Order / Judgement Sri Shyamal Gupta, Member
Aggrieved with the Order dated 20-01-2016, passed by the Ld. District Forum, Kolkata I (North) in CC/484/2012, by which the complaint case was dismissed, this Appeal is preferred by Sri Shibprasad Mukherjee.
Alleging misselling of the subject insurance policy, the Appellant demanded refund of the premium amount from the Respondent Insurer. As the said prayer did not cut ice with the Respondent No. 1, the complaint case was filed before the Ld. District Forum. However, when the Forum below dismissed the said case, feeling aggrieved with such decision, this Appeal was moved.
All sides were heard through their respective Ld. Advocates and documents on record gone through.
It appears that the instant policy bond was issued on 21-09-2011 and the Appellant staked his maiden refund claim vide his communique dated 25-01-2012. Such request being made beyond the free-look period, the Respondent No. 1 refused to entertain the claim of the Appellant.
Strictly speaking, such denial could not be legally disputed insofar as the Respondent No. 1 acted within the four corners of the policy terms and conditions.
However, it seems, in his Memo of Appeal, the Appellant tried to give a new twist to the entire turn of events contending inter alia that owing to mentioning of wrong address in the policy bond, he got the same only on 28-12-2011 and thereafter, he demanded refund claim within the free-look period.
It is indeed strange that none of the contesting parties placed on record any documentary proof in support of their respective claims/counter claims in this regard.
We have noticed that indeed the address of the Appellant was not mentioned properly. Therefore, we could not negate the contention of the Appellant as an after-thought instantly. At the same time, in absence of any material proof to suggest that the Appellant did raise this issue with the Respondent No. 1 earlier, we are unable to derive at a firm decision in the matter either.
It is the basic tenet of law that one cannot go beyond the pleadings made in the petition of complaint. While the alleged claim of belated receipt of policy bond was not mentioned anywhere in the petition of complaint, we could dismiss the Appeal straightway. However, in the interest of natural justice, we restrain ourselves from being extremely harsh towards the Appellant at this stage.
Considering all aspects, we accord due liberty to amend the petition of complaint suitably and furnish tangible proof in support of his claim. At the same time, Respondent No. 1 shall also be at liberty to adduce requisite document in support of its contention that the policy bond was delivered to the residence of the Appellant in time.
In such premises, the Appeal stands allowed in part. Parties to appear before the Ld. District Forum on 23-12-2019 for fresh adjudication of the dispute. [HON'BLE MR. SHYAMAL GUPTA] PRESIDING MEMBER [HON'BLE MR. UTPAL KUMAR BHATTACHARYA] MEMBER