Delhi

East Delhi

CC/1065/2013

SHRI ASHWANI MONGIA - Complainant(s)

Versus

AVIVA LIFE INS. - Opp.Party(s)

22 Nov 2018

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 1065/13

Shri ASHWANI MONGIA

S/O LATE Shri OM PRAKASH MONGIA

C-40 WEST AZAD, NAGAR DELHI-110051 ….Complainant

 

Vs

 

1. AVIVA LIFE INSURANCE COMPANY INDIA LTD.

501-502, 5^TH FLOOR, NIPUN TOWER

KARKARDOOMA COMMUNITY CENTRE,

NEW DELHI 110092          

 

2. AVIVA LIFE INSURANCE COMPANY INDIA LTD.

AVIVA TOWER, SECTOR ROAD OPP. GOLF COURSE,

DLF PHASE-V SECTOR-43 GURGAON-122003                                     ….Opponents

 

Date of Institution: 03.01.2014

Judgment Reserved for: 22.11.2018

Judgment Passed on: 28.11.2018

CORUM:

Sh. SUKHDEV SINGH                  (PRESIDENT)

Dr. P.N. TIWARI                            (MEMBER)

Ms. HARPREET KAUR CHARYA (MEMBER)

ORDER BY: MS. HARPREET KAUR CHARYA (MEMBER)

JUDGEMENT

1. Jurisdiction of this forum has been invoked by complainant, Shri Ashwani Mongia against, Aviva Life Insurance Company India Ltd., (Delhi) (OP-1), and Aviva Life Insurance Company India Ltd., (NOIDA) (OP-2), with allegations of deficiency in services and unfair trade practice.
2. Briefly stated the facts of the present complaint are that the complainant had taken unit linked Life Insurance Policy from OP in the year 2006 for which a cheque no. 116797 for Rs.50,000/- was issued. The said cheque was duly encashed by OP on 07.02.2006. It has been stated that OP did not issue any policy documents despite getting the premium, for which the complainant made inquiry vide letter dated 09.09.2010 which was not replied by OP. The complaint with reference no. PROB_09/14/2010_10328 was registered on the website of OP on 14.09.2010 also remained unreplied. Another complaint with IRDA vide IRDA token no. 06-12-007879, entity reference no. Aviva/CRO/020000 dated. 22.06.2012 was also registered. Feeling aggrieved by non responsiveness on the part of OPs, the complainant has alleged deficiency in services against the OPs and has prayed for directions to OP to refund the premium of Rs.50,000/- along with interest @ 12% per annum from the date of realization of cheque i.e. 07.02.2006 and compensation on account of mental agony and inconvenience.

Copy of the bank statement, copy of the courier receipt along with letter dated 09.09.2010, printout of the complaint registered with Aviva India Customer Services, complaint to IRDA, have been annexed with the complaint.

3. Reply was filed upon the service of the summons in the present complaint wherein OP has taken several pleas in their defence that “the complainant was not a consumer”, “complaint was hopelessly barred by limitation”. It was submitted that the complainant had submitted the proposal form no. NU10139913 in the month of February 2006 for the issuance of Insurance Policy namely Pension Plus Unit Linked Policy and the said proposal form was lost, thus, the policy could not be issued to the complainant for which the complainant was duly informed in the year 2007. It was further submitted that after investigation the OP came to know about the encashment of the cheque issued by the complainant thus a cheque bearing no. 115283 dated 30.11.2007 for a sum of Rs.50,000/- by issued by OP in favour of complainant. It was on further enquiry the OP came to know that the said cheque was unpaid and OP-1 had shown their willingness to handover the cheque of Rs.50,000/- to the complainant before the forum. It was submitted that the cause of action arose in February 2006, when the first premium cheque was issued by the complainant and date of filing of the present complaint was December 2013, which made the complaint barred by limitation. It was stated that as the policy was obtained for the purpose of earning profit, it brought the complainant out of the purview of the Consumer Protection Act. Rest all the contents of the complaint have been denied.

OP has annexed power of attorney in favour of Shri Vivek Yadav, letter written by the complainant of dated 30.04.2007, with their reply.

4. Rejoinder to the written statement of OP was filed by the complainant where the averments made in the complaint had been reiterated and those in all the written statement have been denied. It was stated that the loss of proposal form was never communicated to the complainant and as the complainant had gone out of India and returned in August 2010, thus the cause of action was continuous.
5. Complainant has got examined Shri Ashwani Mongia, the complainant himself who has deposed on oath the contents of the complaint and has got exhibited the statement of account as Ex.CW1/1, letter dated 30.04.2007 seeking refund of the premium as Ex.CW1/2, copy of the letter dated 09.09.2010 and courier receipt as Ex.CW1/3 and Ex.CW1/4, respectively, acknowledgement of the complaint dated 14.09.2010 as Ex.CW1/5.

Evidence by way of affidavit was also filed by OP, who have got examined Shri Bhuwan Bhaskar constituted attorney who has also deposed the contents of their written statement and has got exhibited the power of attorney of dated 25.03.2015 as Ex. RW1/1, and copy of the letter dated 30.04.2007 received from the complaint as Ex. RW2.

6. We have heard the submissions on behalf of Ld. Counsel for OP and have perused the material placed on record as the complainant had stopped appearing for the past many dates. Firstly, deciding on the point of Limitation, it is an admitted fact that the complainant had issued cheque in February 2006 and it came to the knowledge of complainant that his proposal form had been lost/misplaced on 30.04.2007. The complainant has not placed any document on record to support his allegation that he was not in India till August 2010. Even if taking in the averment of the complainant on the face of it, that he came back in August 2010 the instant complaint have been filed till August 2012, but the date of institution of the present complaint is 11.12.2013, which is beyond the period of limitation as prescribed under Section 24 A of the Consumer Protection Act, 1986. Hence, the present complaint is hopelessly barred by limitation. Further, the perusal of letter dated 30.04.2007 which is Ex.CW1/2 and Ex RW2, where in the complainant has requested for refund of premium of Rs.50,000/- as his proposal Docket was lost in transit, thus, it is ample clear that complainant was aware of the loss of proposal form, which fact he has deliberately concealed in his complaint.

Hence, the present complaint is dismissed being barred by limitation without order to cost.

Copy of this order be sent to both the parties as per law.

(Dr. P.N. TIWARI)                                                                    (HARPREET KAUR CHARYA)              

      MEMBER                                                                                            MEMBER

 

                                                (SUKHDEV SINGH)

                                                PRESIDENT