BIRLA SUN LIFE INSURANCE COMPANY LIMITED AND ORS. Vs. HARMESH SINGH

JUDGEMENT

(1.) This appeal is directed against the order dated 11.2.2015, rendered by the District Consumer Disputes Redressal Forum -I, U.T., Chandigarh (hereinafter to be called as the District Forum only), vide which it allowed the complaint of the complainant (now respondent) and directed the opposite parties (now appellants) as under:

(2.) It was further stated that the complainant immediately telephonically informed opposite party No. 2 as well as the agent and raised a demand for refund of the premium amount of Rs. 1,99,990.89 vide letter dated 22.5.2012 (Annexure C -2) which was acknowledged on 25.5.2012 (Annexure C -3) by the opposite parties. However, the opposite parties vide letter dated 13.7.2012 (Annexure C -4) stated that they were unable to accede to his request for cancellation of the Policy as they were not in receipt of any concern towards the said Policy within the free look period. It was further stated that, subsequently, the opposite parties vide letter dated 16.8.2012 (Annexure C -5) admitted that they had received the cancellation request within the free look period, but at the same time stated that they were in receipt of letter dated 28.5.2012 (Annexure C -6) of the complainant confirming to continue with the Policy. The complainant denied the execution of letter dated 28.5.2012 and it was stated that the same was a fabricated one written with mischievous intent by the opposite parties. It was further stated that the complainant opposed letter dated 16.8.2012 by writing letter dated 5.9.2012 (Annexure C -7) but to no avail.

(3.) It was further stated that the aforesaid acts of the opposite parties, amounted to deficiency, in rendering service, and indulgence into unfair trade practice. When the grievance of the complainant, was not redressed, left with no alternative, a complaint under Sec. 12, of the Consumer Protection Act, 1986 (hereinafter to be called as the Act only), directing the opposite parties, to refund a sum of Rs. 1,99,990.89 along with interest @ 18% per annum from the date of deposit till realization; pay Rs. 1,00,000 as compensation for physical harassment and mental agony and Rs. 25,000 as cost of litigation, was filed.