Punjab

Ludhiana

CC/14/725

Davinder Singh - Complainant(s)

Versus

Aviva Life Ins.Co.Ltd - Opp.Party(s)

Harpreet Singh

11 Jun 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, LUDHIANA.

 

                                                                    Complaint No: 725 of 21.10.2014

                                                                   Date of Decision: 11.06.2015

                    

Davinder Singh aged about 39 years s/o Sh.Sarup Singh, resident of Ward no.15, Triveni Puri Mohalla, Khanna, Tehsil Khanna, District Ludhiana.

.…Complainant

Versus 

1. Aviva Life Insurance Co. Ltd. Branch Office- 2^nd Floor, Shanghai Tower, S.C.O. 13, Feroze Gandhi Market, Ludhiana-141001, through its Branch Manager.

2. Aviva Life Insurance Company Ltd., Head Office-Aviva Tower, Sector Road, Opposite Golf Course, DLF-Phase 5, Sector 43, Gurgaon, Haryana-122003, through its MD/Chairman/Authorized Person.

 

…..Opposite parties 

COMPLAINT UNDER SECTION 12 OF THE

CONSUMER PROTECTION ACT, 1986.

 

Quorum:    Sh.R.L.Ahuja, President

                    Sh.Sat Paul Garg, Member

 

Present:     Sh.H.S.Bhutta, Advocate for complainant.

                   Ms.Mandeep Kaur, proxy counsel for OPs.

 

 

ORDER

 

 (SAT PAUL GARG, MEMBER)

1.               Present complaint under Section 12 of The Consumer Protection Act, 1986 (herein-after in short to be referred as ‘Act’) has been filed by Sh.Davinder Singh s/o Sh.Sarup Singh, resident of Ward no.15, Triveni Puri Mohalla, Khanna, Tehsil Khanna, District Ludhiana (herein-after in short to be referred as ‘complainant’) against Aviva Life Insurance Co. Ltd. Branch Office- 2^nd Floor, Shanghai Tower, S.C.O. 13, Feroze Gandhi Market, Ludhiana-141001, through its Branch Manager and others (herein-after in short to be referred as ‘OPs’)- directing them to pay Rs.25,032/- as premium paid plus Rs.2628/- as interest @ 7% p.a. interest from 15.3.13 till the filing of the present complaint, to pay Rs.20,000/- as compensation and as litigation expenses alongwith up to date interest @ 7% p.a. till the actual an final realization of the amount to the complainant alongwith any other relief, which this Forum deems fit.

2.                Complainant purchased a life insurance policy Aviva Dhan Vridhi of the OPs, vide no.TDW3194849 on 15.3.13 and complainant paid Rs.25,032/- as first premium/consideration. At the time of offering the policy the complainant was assured that Ops will send original policy documents within 60 days, but even after the expiry of this time they failed to send the policy documents despite repeated requests and visits on the part of the complainant. During these visits the agent only disclosed the policy number to the complainant. Thereafter in the last week of July 2013 the agent of the OPs handed over the photocopy of the premium receipt. The complainant requested and visited the OP1 and the agent of Ops so many times continuously to supply the policy, but all efforts went in vain. Complainant also got sent a legal notice dated 5.6.14 by registered post, through his counsel to the head office of OPs. Despite the service of the notice, the OPs did not even respond the notice. Claiming the above act as deficiency in service and unfair trade practice on the part of the OPs.

3.                On notice of the complaint, OPs appeared through their counsel and filed written statement taking preliminary objections that the complainant had all along been in knowledge of the terms and conditions of the policy, which is evidence from the fact that he is in knowledge of the policy and other terms and conditions of the policy and he could have the knowledge about the same only from the policy documents; the complainant is guilty of making false averments before this Forum and the complaint deserves to be dismissed on this ground itself; the complainant himself is guilty of not adhering to the terms and conditions of the policy in as much as after making payment of the premium for the first year, he did not make the payment of premium for subsequent years despite reminders and as such, his policy got lapsed and no further benefit can accrue to him under the policy. No cause of action ever accrued to the complainant to file the present complaint. The complainant has been taking benefit under the contract and the Ops had been providing insurance coverage to the complainant during the subsistence of the policy and had any exigency taken place during the said period, then the OPs would make good the loss if any, suffered by the complainant; the matter in issue involves intricate questions of law and facts and the same requires production of lengthy evidence and cross examination of witnesses, which is beyond the purview of this Forum and as such, this Forum has no jurisdiction to entertain and try the present complaint. On merits, stated that as per the record of the OPs, the complainant is residing at the address mentioned in the head note of the complaint. It is also to mention that in the proposal form for insurance also the same address is mentioned and the policy was also dispatched on this address only. Further stated that the very fact that the complainant is in the knowledge of the policy number shows that he was having the policy documents and he was fully aware of the terms and conditions of the policy because the policy number is not allotted at the time of filing of proposal form that the policy number is allocated. As per the requirement of the complainant, the terms and conditions of the policy were explained to him and the complainant chose to purchase the policy by the name of “Aviva Dhan Vridhi Policy”. The complainant had signed the documents after understanding and admitting the contents to be correct. The complainant is giving a false explanation for having the knowledge regarding the policy number in order to mislead this Forum by stating that he never received the policy documents. The policy documents had been dispatched by the Ops to the complainant on the address as mentioned in the proposal form, which is same as mentioned in the complaint filed before this Forum by blue Dart courier bill no.43522439262 on 3.4.13 and the same was duly delivered on 9.4.13 as per company records. Further denying the contents of all other paras of the complaint, OPs prayed for the dismissal of the complaint.

4.                Ld. Counsel for complainant has adduced the evidence by way of duly sworn affidavit of complainant Sh.Davinder Singh Ex.CW1/A, wherein the same facts have been reiterated as narrated in the complaint and also attached documents Ex.C1 to Ex.C4. On the other hand, Ld. Counsel for OPs has adduced the evidence by way of duly sworn affidavit of Sh.Vivek Yadav, Authorized Representative, Aviva Life Insurance Company India Limited, Aviva Tower, Sector Road, Opp., Golf Course, DLF, Phase V, Sector 43, Gurgaon Ex.RW1/A, wherein the same facts have been reiterated as narrated in the written statement and also attached documents Ex.R1 to Ex.R5.

5.                Ld. Counsel for complainant argued that complainant purchased a life insurance policy Aviva Dhan Vridhi of OPs by paying the premium. Complainant signed all the documents believing the promises and assurances made by the agent that the objective of the present policy is life insurance and savings and he will get the interest 7% p.a.. But at the time of inception of the policy, he was assured that the OPs would send the original policy documents within 60 days, which they failed to supply even after the expiry of 60 days. Thereafter the above said advisor handed over the photocopy of the policy to the complainant. Now the complainant has come to know that the policy of the complainant has been elapsed.

6.                Refuting the allegations of the complainant, Ld. counsel for OPs argued that the complainant is guilty of seeking relief by misleading the Forum. It was very much in the knowledge of the complainant that the policy was issued and he has also aware of the policy number. Even for the sake of arguments, if it is presumed that the policy documents were not sent to the complainant, although the same is vehemently denied, then the same is not a ground for cancellation of the policy or for the refund of the premium. Therefore, the complaint itself is misconceived and is liable to be dismissed. Further argued that the Ops dispatched the said policy to the complainant through Blue Dart Courier bill no.43522439262 on 3.4.13 and the same was duly delivered on 9.4.13. So, it is well presumed that the complainant must have received the policy.

7.                We have gone through the pleadings of the complainant as well as defence taken by the OPs and also perused the entire record placed on file.

8.                It is evident that the complainant availed the policy of the OPs and first premium was paid, which is admitted by both the parties. However, it is averred by the Ops that the said policy dispatched by the Ops, through Blue Dart Courier bill no. 43522439262 on 3.4.13, but the OPs have not placed on record any documentary evidence in this regard, but at the same time complainant come to know that the policy number, but he has not received the copy of the policy document. These depositions of OPs are not supported by any document. 

9.                Sequel to the above discussion, the present complaint is partly allowed and OPs are directed to revive the policy of the complainant and to refund the surrender value as per the terms and conditions of the policy. Further OPs are directed to pay Rs.2500/-(Two thousand five hundred only) as compensation and litigation expenses compositely assessed to the complainant. Order be complied within 30 days from the receipt of the copy of the order, which be made available to the parties, free of costs. File be consigned to record room.

 

                             (Sat Paul Garg)                                 (R.L.Ahuja)

                                  Member                                          President

Announced in Open Forum.

Dated:11.06.2015 

Hardeep Singh