Per Dr. Nisha Amol Chavhan, Hon’ble Member

1. The present Consumer Complaint No.CC/29/2015 filed under the provisions of Section 12 of the Consumer Protection Act, 1986 by the complainant against opposite party.

2. The brief facts of the case of Complainant that the complainant is a widow of late Mr. Vipul Sudhir Borgharkar and the opposite party is a company registered under the provisions of the Companies Act, 1956 and the service provider.

3. The complainant submitted that on 13/5/2014, complainant’s husband filed on line application form for a policy by name "HDFC Life Click 2 protect". Online application was submitted on the same day and it was processed. Accordingly it was informed that the premium amount is Rs.15281/- and the remaining details were to be filled in. Upon making an on-line application, complainant’s husband received a communication from the opposite party on 13/5/2014 at 7:31 p.m. By virtue of the said email, the complainant’s husband was called upon to submit remaining details.

4. The complainant stated that, similarly on 13/5/2014 the details were submitted by him. Therefore, another email came at about 8:15 p.m. on the same day stating that the complainant’s husband should visit the link and make payment so that the application can be successful. It was mentioned that the policy application will be successful only once the payment is received. The payment was made by the complainant’s husband. an email was received on the same day at 8:27 p.m. stating that the opposite party has received payment of Rs.15281/-towards on-line application No.$100000080484. Similarly the complainant’s husband herein was called upon to submit self-attested documents in relation to age proof, address proof, identity proof, income proof, cover note with a passport size photograph affixed on it. The cover note was attached in the said email. It was also mentioned in the said email that if the documents are already submitted then the medical team of the opposite party may contact the complainant’s husband for undergoing medical examination. The proposal form which was annexure to the said email was downloaded by the present complainant’s husband. The cover note was also made to the complainant’s husband that the sum assured is Rs.1 crore and the benefit term is 30 years. The premium was Rs.15281/ inclusive of taxes. It was mentioned that no any benefit shall be made available on maturity. There were terms and conditions which were mentioned on the said cover note.

5. The complainant also submitted that on 14/5/2014, the complainant’s husband forwarded scanned copies of the documents which were required by the opposite party. On 15/5/2014, one more email was generated and other documents were forwarded. On 16/5/2014 again one more email was sent and the documents were forwarded. On 22/5/2014 complainant’s husband received an email stating that the medical test number is 16852033 and the appointment date is 23/5/2014 at 9:00 a.m. The name of the diagnostic centre was forwarded to the complainant’s husband and the particular of the medical test was also mentioned.

6. The Complainant submitted that the complainant’s husband underwent the medical treatment at Suburban Diagnostic at Khar (West) and the reports were sent directly by the said Centre to the Opposite Party. After that unfortunately the complainant’s husband expired on 2/6/2014 on account of heart attack. On 24/6/2014 an email was received on the email ID of the complainant’s husband stating that he should provide overseas travel questionnaire. However, even at that time also the complainant was not aware about the same. On 2/7/2014 the complainant prepared an intimation of the death claim and intimated that on 2/6/2014 her husband has expired and necessary documents were forwarded.

7. The Complainant submitted that the Credit Card of the complainant’s husband was misused by the 3rd person on 17/06/2014 and the Complainant then made a complaint. The said card was blocked