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Jasveer Kaur filed a consumer case on 03 Apr 2024 against Aviva Life Insurance Co.Ld in the Ludhiana Consumer Court. The case no is CC/22/110 and the judgment uploaded on 10 Apr 2024.
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.
Complaint No: 110 dated 21.03.2022. Date of decision: 03.04.2024.
Policy details | Particulars |
Policy Number | TDW3130812 |
Proposal No. | NUP-14728665 |
Name of Policy | Aviva Dhan Vriddhi |
Name of the Policyholder | Jasveer Kaur |
Commencement date of the policy | 24/01/2012 |
Annual Premium amount | Rs.39934/- |
Premium frequency | Annual |
Premium Payment Term | 10 years |
Policy Term | 15 years |
The policy was issued after payment of premium by the complainant and the policy documents along with forwarding letter was issued to the complainant. In case the policyholder is not satisfied with the terms and conditions of the policy, he can withdraw/return the policy within 15 days free look period provision. The complainant did not raise any objection regarding the policy during free look period. However, the complainant sent legal notice dated 28.10.2016 through Ms. Rachna Dev, Advocate which was replied vide reply dated 18.11.2016 but no reply was received from the complainant. OP1 and Op2 further stated that the complainant in order to create fresh cause of action, sent another legal notice dated 03.09.2020 through Ms. Rachna Dev, Advocate which was replied vide reply dated 18.02.2021. The complainant had not paid the premium regularly and had paid one premium for first year only. As per clause 4 of the policy, if regular premium is not paid, the company allows the grace period of 30 days and if the premium is not paid in that grace period, then as per the said clause, the policy gets lapsed automatically and immediately. The policyholder has the option to revive the policy by paying all pending regular premiums along with applicable interest, taxes or penalty within a period of 2 years from the due date of first unpaid installment of regular premium. But the complainant did not choose to pay regular premium due to which after expiry of grace period of 30 days, the policy got lapsed on 24.02.2013. A reminder was sent to the complainant for reinstatement of policy within a period of 2 years but the complainant did not approach OP1 and OP2 and as such, the policy was got terminated after expiry of 2 years from the first due date of premium and therefore, the policy did not attain any surrender value/benefits.
On merits, OP1 and OP2 reiterated the crux of averments made in the preliminary objections and facts of the case. OP1 and OP2 have denied that there is any deficiency of service and have also prayed for dismissal of the complaint.
3. OP3 filed separate written statement and by taking preliminary objections assailed the complaint on the grounds of maintainability; lack of cause of action; OP3 is not a necessary party to the present complaint etc. OP3 stated that the complainant has not sought any relief against it and its name be deleted from the array of respondents. The premium amount has been paid to OP1 and OP2 and if any amount is payable to the complainant, the same has to be paid by OP1 and OP2. OP3 further stated that if there is any dispute regarding to terms and conditions of the policy or regarding payment of amount of claim than that is to be resolved inter se between the complainant and OP1 and OP2. OP3 has no role to play in resolution of dispute if any.
On merits, OP3 reiterated the crux of averments made in the preliminary objections and facts of the case. OP3 has denied that there is any deficiency of service and has also prayed for dismissal of the complaint.
4. In evidence, the complainant tendered her affidavit as Ex. CA and reiterated her averments of the complaint. The complainant also placed on Ex. C1 copy of insurance policy, Ex. C2 is the copy of policy schedule, Ex. C3 is the copy of Aadhar Card of the complainant, Ex. C4 is the copy of legal notice dated 17.12.2021, Ex. C5 to Ex. C7 are the copies of postal receipts, Ex. C8 is the copy of reply dated 21.01.2022, Ex. C9 is the copy of legal notice dated 21.01.2022 and closed the evidence.
5. On the other hand, the learned counsel for OP1 and OP2 tendered affidavit Ex. RA of Sh. Prateek Narang, Manager (Legal) of OP1 and OP2 along with document Ex. R1/1 is the copy of proposal form, Ex. R1/2 is the copy of policy, Ex. R1/3 is the copy of legal notice dated 28.10.2016 and reply dated 18.11.2016, Ex. R1/4 is the copy of legal notice and its reply dated 18.02.2021, Ex. R1/5 is the copy of letter dated 25.02.2013 for reinstatement of lapsed policy and closed the evidence.
The counsel for OP3 tendered affidavit Ex. RW1/3 of Ms. Shweta Choudhary, Authorized Signatory of OP3 and closed evidence.
6. We have heard the arguments of the counsel for the parties and also gone through the complaint, affidavit and annexed documents and written statements along with affidavits and documents produced on record by the both parties.
7. Relying upon the statement and declaration contained in proposal form Ex. R1/1, OP1 and OP2 have issued a policy to the complainant under Aviva Dhan Vriddhi. The details of the policy and the important points were furnished to the complainant vide Ex. C1. The relevant portion of Ex. C1 is reproduced as under:-
“Your Product Details: Aviva Dhan Vriddhi
Policy No. | TDW3130812 | Date of Commencement | 24-Jan-2012 | |
Policy Term | 15 Years | Premium Paying Term | 10 Years | |
Sum Assured | Rs.270,000 | Premium Amount/Frequency | Rs.39,934/- Annual | |
Date of Maturity | 24-Jan-2027 | Last Premium Payment Date | 24-Jan-2021 | |
What happens if I stop paying premium within the first three (3) years? | We recommend that you pay all premiums to get complete benefits. Should you discontinue paying premiums within the first three (3) years of the policy, the policy will be closed (terminated) without any benefit or value. | |||
Will I be able to reinstate my policy? | You can reinstate your policy with all benefits, within 2 years of the date you stopped paying your premiums. The reinstatement will be subject to:
| |||
Perusal of Clause 4 of the terms and conditions under the head of Premium, Grace Period, Revival and Dealings with the Policy, it has been specifically stipulated that in case of non-payment of premium for the first three policy years, then the policy will be deemed to have automatically lapsed without any value and no benefit will be payable. Further the clause 5 pertains to Surrender Value which can only be acquired at the commencement of 4th policy year if the insured had paid all the premiums due for the first three policies. The complainant is consciously aware of this fact that she had paid premium of first year only. By virtue of the aforesaid provisions, the policy lapsed on 24.02.2013. The terms and conditions are clear and explicit that non-payment of premium would result in automatic termination of the policy. Still the OPs sent a letter dated 25.02.2013 Ex. R1/5 affording another chance to the complainant for reinstatement of her lapsed policy but not only she has concealed the receipt of above said letter Ex. R1/5 but has also concealed other material facts from this Commission. In fact, the complainant through her Advocate Ms. Rachna Dev sent legal notice Ex/R1/3 whereby she demanded the payment of only one installment and expressed her inability to pay the remaining installments due to financial constraint and opted for surrender value of the policy. The said notice was suitably replied by the OPs. Another important fact also emerges out from the perusal of these documents that the complainant purchased two policies i.e. one policy under question and another policy No.NLS3063021. Now it does not lie in the mouth of the complainant that her signatures were obtained on blank papers or she was not aware of the content and context of the documents. Filing of the present complaint is clearly an attempt to abuse the process of law.
8. Considering from another angle when the complainant was fully aware of letter Ex. R1/5 that her policy has lapsed in the year 2013 i.e. on 24.02.2013, the complainant was required to file the complaint within 2 years from the date of knowledge. As per Section 69 (1) of the Limitation Act provides that The District Commission, the State Commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen. As such, the complaint is hopelessly time barred and same deserves dismissal. Keeping in view the facts and circumstances of the case, it would be just and appropriate if the complaint is dismissed.
9. As a result of above discussion, the complaint fails and the same is hereby dismissed. However, there shall be no order as to costs. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.
10. Due to huge pendency of cases, the complaint could not be decided within statutory period.
(Monika Bhagat) (Sanjeev Batra) Member President
Announced in Open Commission.
Dated:03.04.2024.
Gobind Ram.
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