DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA

CC.No.244 of 05-06-2013

Decided on 08-01-2014

Hardeep Kaur aged about 38 years W/o Jeet Singh R/o Patti Siria, Gali Panditan Wali, Vill. & P.O. Kaleke, District Barnala.

........Complainant

Versus

1.Aviva Life Insurance Company India Ltd., 2089, The Mall, Ist floor, Lakme Showroom, Bathinda, through its Branch Manager.

2.Aviva Life Insurance Company India Ltd., Aviva Tower, Sector Road, Opp. Golf Course, DLF-Phase-V, Sector 43, Gurgaon (Haryana) 122003, through its Managing Director/Chairman.

.......Opposite parties

Complaint under Section 12 of the Consumer Protection Act, 1986.

QUORUM

Smt.Vikramjit Kaur Soni, President.

Smt.Sukhwinder Kaur, Member.

Sh.Jarnail Singh, Member.

Present:-

For the Complainant: Sh.Sukhdeep Singh, counsel for the complainant.

For Opposite parties: Sh.Varun Gupta, counsel for the opposite parties.

ORDER

VIKRAMJIT KAUR SONI, PRESIDENT:-

1. This complaint has been filed by the complainant under section 12 of the Consumer Protection Act, 1986 as amended upto date (Here-in-after referred to as an 'Act'). The brief facts of the complaint are that on the allurement of the opposite parties the complainant has purchased one insurance policy bearing No.ELP2043792 namely 'Easy Life Plus' and deposited the amount of the first premium to them on dated 10.6.2008. At the time of selling of the abovesaid policy the officials of the opposite parties obtained the signatures of the complainant on some blank printed papers and conveyed her that as per the abovesaid policy, she would be required to deposit a sum of Rs.10,000/- per annum for the period of 10 years, with a sum assured of Rs.1 lac at the time of its maturity and also conveyed her that the payment of the premium would be collected by their employees/agents of their own from her residence and assured her to provide the handsome returns. Thereafter the officials of the opposite parties continued collecting the premium amount from the complainant for the year 2009 and 2010 to the tune of Rs.10,000/- each by visiting her house i.e. on 10.6.2009 and 14.9.2010 against the proper receipts and thereafter they never visited her house to collect the premium amount from her. The complainant being an illiterate lady, could not deposit the premiums with the opposite parties as she remained under the impression that their officials would collect the premium of their own as assured by them. The complainant visited the office of the opposite party No.1 at Bathinda and enquired about the abovesaid policy, its officials asked her that her policy is continuing but however the premiums for the year 2011 and 2012 could not be collected from her that are due against her and asked her to deposit the premiums of Rs.20,000/- for the year 2011 and 2012 and accordingly, she deposited the amount of Rs.20,000/- with the opposite party No.1 on dated 29.3.2013 against the proper receipt. The complainant checked the status of the abovesaid policy and came to know that her policy has already been lapsed in the year 2010. The complainant visited the office of the opposite party No.1 and enquired about the same, its officials told her that the abovesaid policy has lapsed in the year 2010 due to the non-payment of the premiums although the officials of the opposite parties themselves failed to collect the premium amount which she never refused to pay and is still ready and willing to deposit the same till the maturity of the abovesaid policy. The complainant asked the opposite parties when the abovesaid policy has been lapsed and as to how the amount of Rs.20,000/- has been got deposited from her in the year 2013, but they have failed to give her any satisfactory reply. The complainant further alleged that she is entitled to the revival/restoration of the abovesaid policy in which she has already deposited 5 premiums to the tune of Rs.10,000/- each and is ready to deposit the remaining 5 premiums. Hence the present complaint filed by the complainant to seek the directions of this Forum to the opposite parties to restore/revive the abovesaid policy alongwith cost and compensation.

2. The opposite parties after appearing before this Forum have filed their joint written statement and pleaded that after getting all the information about all their plans, the complainant has opted to purchase the 'Easy Life Plus Life Plan' and has duly filled the proposal form bearing No.NNU12467512 on dated 6.6.2008. The complainant opted the term of the plan 10 years; premium paying term 10 years; annual premium Rs.10,000/-; sum assured Rs.1 lac; premium frequency 'Yearly' and opted type of fund as 'Unit Linked Fund' as growth fund 100%. The complainant has also signed the declaration to this effect. After receiving the duly filled proposal form and going through its entire contents, the underwriters issued the insurance policy bearing No.ELP2043792 and sent the policy documents alongwith its terms and conditions to the complainant on the given address through Speed Post on dated 12.6.2008 and the same has been received by her and are in her possession. The opposite parties never received back the policy documents till date, this fact clearly shows that the complainant has received the same and she has admitted this fact in her complaint. The complainant has signed the benefit illustration. There is a Free Look Period option in which the policyholder has the right to review the policy terms and conditions and cancel the policy within a period of 15 days from the date of receipt of the policy documents if he/she is not satisfied. The complainant paid 3 premiums against the abovesaid policy to the opposite parties and did not pay any further premium to them, so her policy lapsed due to the non-payment of the premium within the grace period as provided under the policy terms and conditions on dated 12.7.2011. The complainant again failed to deposit the due premium against the abovesaid policy, thus her policy 'Autofore Closed' on dated 30.7.2012 and the opposite parties paid her the surrender value of the abovesaid policy and the same has been received by her to the tune of Rs.10,109/-on dated 13.8.2013. The complainant has deposited the amount of Rs.20,000/- on dated 29.3.2013 with the branch office of the opposite parties against the abovesaid policy. The policy in question has already been terminated and the surrender value has already been paid to the complainant by the opposite parties, so her policy could not revive, hence they returned the entire amount to her through the cheque on dated 11.4.2013 and the same has been received by her on dated 20.4.2013. The complainant as well as the opposite parties are bound by the terms and conditions of the abovesaid policy. To support their version the opposite parties have relied upon various authorities.

3. The parties have led their evidence in support of their respective pleadings.

4. Arguments heard. The record alongwith written submissions submitted by the parties perused.

5. The complainant has purchased one insurance policy bearing No.ELP2043792 namely 'Easy Life Plus' from the opposite parties on dated 10.6.2008 and opted to pay the premium of Rs.10,000/- per annum for the period of 10 years, with a sum assured of Rs.1 lac. The officials of the opposite parties collected the premium amount from the complainant for the year 2009 and 2010 to the tune of Rs.10,000/- each by visiting her house i.e. on 10.6.2009 and 14.9.2010 against the proper receipts and thereafter they never visited her house to collect the premium amount from her. The complainant being an illiterate lady, could not deposit the remaining premiums with the opposite parties as she remained under the impression that their officials would collect the premium of their own. The complainant visited the office of the opposite party No.1 and deposited the premiums to the tune of Rs.20,000/- for the year 2011 and 2012 on dated 29.3.2013. The complainant checked the status of the abovesaid policy and came to know that her policy has already been lapsed in the year 2010 due to the non-payment of the premiums although it was the duty of the opposite parties themselves to collect the premiums. The complainant submitted that she is still ready to deposit the remaining premiums till the maturity of the abovesaid policy. Despite the fact that the abovesaid policy has already been lapsed, the opposite party No.1 got deposited the premiums of Rs.20,000/- from the complainant in the year 2013, thus she has already deposited 5 premiums to the tune of Rs.10,000/- each and is entitled for the restoration of the abovesaid policy.

6. On the other hand the opposite parties have admitted the policy and submitted that the complainant opted for 'United Linked Plan' for the term of 10 years; premium paying term 10 years; annual premium Rs.10,000/-; sum assured Rs.1 lac; premium frequency 'Yearly' with 100% growth fund, he has signed the declaration to this effect. The abovesaid policy documents alongwith its terms and conditions have been sent to the complainant on the given address through Speed Post on dated 12.6.2008 and the same has been received by her and are in her possession. The opposite parties have not received back the policy documents till date, which shows that the complainant has received the same and she has also admitted this fact. The complainant paid 3 premiums against the abovesaid policy to the opposite parties and did not pay any further premium to them, her policy lapsed due to the non-payment of the premium within the grace period as provided under the policy terms and conditions on dated 12.7.2011. The complainant again failed to deposit the due premium against the abovesaid policy, thus her policy 'Autofore Closed' on dated 30.7.2012 and the opposite parties paid her the surrender value to the tune of Rs.10,109/- on dated 13.8.2013 and the same has been received by her. The complainant has deposited the amount of Rs.20,000/- on dated 29.3.2013 with the branch office of the opposite parties against the abovesaid policy. The policy in question has already been terminated and the surrender value has already been paid to the complainant by the opposite parties, so her policy could not revive, hence they returned the entire amount to her through the cheque on dated 11.4.2013 and the same has been received by her on dated 20.4.2013.

7. The complainant has paid the premiums for only 3 years, but has failed to pay the next premium due for the year 2011, even in the grace period, hence her policy went into Auto foreclosed status on dated 30.7.2012 and the surrender value as per the terms and conditions of the policy was paid to the complainant. Thereafter on 29.4.2013, the complainant has deposited the premium of Rs.20,000/- against the policy in question, whereas as per the terms and conditions of the abovesaid policy, it has already been lapsed due to the non-payment of the premiums due for the year 2011 and 2012. The two premiums that has been deposited by the complainant for the year 2011 and 2012 in the month of March, 2013 have also been refunded to her as the policy against which she has deposited the premiums has already been lapsed and its surrender value has already been paid, thus there was no question of retaining the premium amount of Rs.20,000/- for the year 2011 and 2012 by the opposite parties.

Moreover the allegation of the complainant that the officials of the opposite parties had collected the premiums for three years and thereafter, the officials of the opposite parties did not approach to collect the premiums, hence she has deposited the premium of 2011 and 2012 late and the lapse if any that is on the part of the officials of the opposite parties, is not believable as the complainant was well aware of the terms and conditions of the policy, its premium paying term being 10 years etc.

8. Therefore in view of what has been discussed above we find no deficiency in service on the part of the opposite parties. Thus this complaint is hereby dismissed without any order as to cost.

9. A copy of this order be sent to the parties concerned free of cost and file be consigned to the record room.

Pronounced in open Forum:-

08-01-2014

(Vikramjit Kaur Soni)

President

(Sukhwinder Kaur)

Member

(Jarnail Singh)

Member