DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

        SOUTH 24 – PARGANAS,

        AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 144

                 C.C. CASE NO. 28 OF 2019

DATE OF FILING: 26.02.2019                                          DATE OF JUDGEMENT: 05.09.2019   

Present                      :   President       :   Ananta Kumar Kapri

                                        Member         :   Jhunu Prasad                            

COMPLAINANT              :  Mrs. Kalpana Mondal, W/O – Pratab Mondal, Village – Baleshwarpur, P.S. – Joynagar, P.O. – Dhaksin Barasat, Dist. - South 24 Parganas, Pin – 743372. 

• VERSUS   -

O.P/O.Ps                         :  1. Reliance Life Insurance, Office at – H Block, 1^st Floor, Dhirubai Ambani Knowledge City, Navi Mumbai, Maharastra – 400710.

                                                2. The Manager, Reliance Life Insurance Com. Ltd., Baruipur Purba Anchal, P.O. + P.S. – Baruipur, Dist. - South 24 Parganas, Kolkata – 700 144.

_______________________________________________________________

JUDGMENT

Sri Ananta Kumar Kapri, President

            Facts leading to the filing of the instant case by the complainant may be summarized as follows.

            Complainant invested money in Reliance Super Invest Assure Plan of O.P. no. 1 on 31.12.2009. She deposited 3 premium amounts of Rs. 5,000/- each on 31.12.2009, 31.12.2010 and 11.01.2011 in her policy account bearing no. 16006652. The policy term was for 15 years and the date of commencement of the plan was on 31.12.2009. Frequency of the payment was yearly and installment premium was Rs. 5,000/- each. On 22.07.2016 the complainant came to learn from O.P. no. 1, when she made visit to his office, that the matured value of her policy has been paid to her by cheque and that he said cheque has been sent to her by registered post, registration bearing no. 9743156811N dated 22.06.2015. According to the complainant, she has got no cheque from the post-office and the O.P.s have not also supplied detailed particulars of the postal receipts by which the cheque was dispatched to her. So, she has filed the instant complaint praying for return of Rs. 15,000/- and payment of compensation etc. Hence, this case.

None of the O.P.s has made appearance in this case in spite of service of notice upon them. The case therefore proceeds ex-parte against them.

                                                   POINTS FOR CONSIDERATION

1. Are the O.P.s guilty of deficiency in service as alleged by the complainant?
2. Is the complainant entitled to get relief or reliefs as prayed for?

Petition of complaint is treated as evidence of the complainant vide her petition dated 02.07.2019.  

                                          DECISION WITH REASONS

            In the instant case, it is the prayer of the complainant that the O.P. insurance company has not returned the matured value of her insurance policy. According to the version of the complainant, she paid 3 premiums of Rs. 5,000/- each in respect of her policy bearing no. 16006652. The policy term is 15 years and this being so, question of the policy being matured prior to the expiry of the said period does not arise. The complainant can only get the surrender value of her policy, if she show wishes. The policy book is filed on record by the complainant. Now to see whether the complainant has ever made any prayer before the O.P. insurance company for surrender benefit of her insurance policy. In this connection clause “3.3.3 surrender benefit” of the terms and condition of the agreement appears to be very much pertinent and the provision of said clause reads as follows:

            “3.3.3                       Surrender benefit

3.3.3.1. Surrender benefit in relation to regular premium: The policy holder may surrender the policy any time after payment of the first premium by giving notice in writing to the company. However, it shall be payable only after completion of three policy anniversaries…………………………………………………………”.

            The above provision of the agreement makes it clear that the policy holder must surrender his/her policy before the company by giving a notice to the company and he/she is entitled to surrender benefit at any time after payment of the first premium. So, it is found that the premiums which were paid by policy holder cannot be forfeited to the company, even if the policy holder becomes unable to pay the premiums for the full time of the policy. In the instant case, the policy holder has not been able to file any copy of notice whereby she asked the O.P. company to give surrender benefit to her. That apart, the complainant has filed the original policy document, as it seems to us, before the forum. Had the original policy document been surrendered to the O.P. company, the complainant would not have been able to file the said original policy document before the forum. Regard being had to all these facts and considerations, it is not clear before us whether the complainant has actually surrendered her policy before the O.P. company for getting surrender benefit. Upon scrutiny of the materials on record, it is not available that the complainant ever surrendered her policy before the O.P. company and unless this thing is proved by the complainant, she is not entitled to any relief as prayed for, as there arises no occasion for the complainant to file the instant case.           

            In the result, the case fails.

            Hence,

 ORDERED

            That the complaint case be and the same is dismissed ex-parte against the O.P.s without any cost.

Register-in-charge is directed to supply a free certified copy of this judgment at once to the parties concerned.

I/We agree                                                               Member                                President

                        Directed and corrected by me

President