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AHMEDABAD - Gbic.co.in

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Compla<strong>in</strong>ant presented himself and submitted that he was <strong>in</strong>terested for term <strong>in</strong>surancepolicies only and he never <strong>in</strong>tended to purchase unit l<strong>in</strong>ked policies as he has no trust for thathence asked for the refund of the premium with <strong>in</strong>terest <strong>in</strong> cancellation of the policies.Despite of my verbal follow up with my agent he <strong>co</strong>uld not delivered the policy documents tome, ultimately on 01/10/2009 I <strong>co</strong>mpla<strong>in</strong>t to the respondent <strong>in</strong> writ<strong>in</strong>g for non receipt ofpolicy documents. In reply of which they issued duplicate policy documents on 20/10/2009which I have <strong>co</strong>llected from the respondent’s Indore Office, prior to that I have neverreceived any policy documents from the respondent. After go<strong>in</strong>g through the terms &<strong>co</strong>nditions I found that policies were issued with unit l<strong>in</strong>ked plans for which I was not<strong>in</strong>terested hence wrote to the <strong>co</strong>mpany for cancellation of the policies and refund of moneyon 21/10/2009 with<strong>in</strong> free look period. The respondent has wrongly refused to cancel thepolicies <strong>in</strong> refund the amount may be directed to refund the premium with <strong>in</strong>terest treat<strong>in</strong>gthe policies cancellation with<strong>in</strong> free look period.The respondent represented by Shri Rohit S<strong>in</strong>gh Baghel, Executive Branch Operationssubmitted that the policy was issued to the <strong>co</strong>mpla<strong>in</strong>ant as per the proposal form signed bythe <strong>co</strong>mpla<strong>in</strong>ant and policy was issued & delivered ac<strong>co</strong>rd<strong>in</strong>gly by overnite <strong>co</strong>urier on30.05.2008 to Mr. Mansharam vide airway bill no. 564451184. Further he added that theyhave not received cancellation request for almost 1 and a half years. After receipt of requestdated 01/10/2009 for issue of policy documents we sent aga<strong>in</strong> duplicate policy documents tothe <strong>co</strong>mpla<strong>in</strong>ant as a good gesture. The subsequent 03 quarterly premium were also beenpaid. As the free look period is over, hence we <strong>co</strong>uld not cancel the policy as per the terms &<strong>co</strong>nditions of the policy.FINDINGS & CONCLUSIONS:-1. There is no doubt that the above policies were issued to the <strong>co</strong>mpla<strong>in</strong>ant.2. It is proved that the respondent has failed to hand over the orig<strong>in</strong>al policydocuments to the <strong>co</strong>mpla<strong>in</strong>ant / family members of the <strong>co</strong>mpla<strong>in</strong>ant on time.3. It is also proved that as & when the <strong>co</strong>mpla<strong>in</strong>ant has received the policydocuments on 20.10.2009, he requested for cancellation with<strong>in</strong> the free lookperiod.In view of the above, it is found that the action of the respondent is not just & fair.Therefore, the respondent is directed to refund Rs. 6,92,500/- with @9% <strong>in</strong>terest from thedate of receipt of the premium amount to till the date of mak<strong>in</strong>g the payment, with<strong>in</strong> 15 daysto receipt of this order.Dated at BHOPAL, on 18 th of FEBRUARY 2010.Order No.BPL/LI 10-11/ 99Case No. AVA-239-22/11-09/MumSmt. Farida Kutubudd<strong>in</strong> ……..………….……..Compla<strong>in</strong>antAviva Life Insurance Co. ……..…Respondent

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