O R D E R :-( per Mr. B.R. Chandel, President )
The complainant Shri Sanjeev Kumar on the strength of this complaint has claimed that the opposite parties be directed to pay Rupees 16,000/- along with Rupees 7,000/- for harassment and mental tension and cost of the complaint on the grounds that he had purchased insurance policy No. RSG1537700 dated 31-03-2007 for the sum assured of Rupees 1,20,000/- on payment of annual premium of Rupees 12,000/-. Its maturity date was 31-03-2027. The complainant paid 13 instalment on 27-03-2009 vide draft No. TVV155045 dated 27-03-2009 in favour of the opposite party but the opposite parties returned back the same with a request after 3 years without any request. Out of the remaining amount the opposite parties have paid rupees 8000/- but failed to pay remaining amount of Rupees 16,000/- in spite of several requests made by him which amounts to deficiency in service.
2. The opposite parties have disputed the said claim and have set up the defence that the policy in question was due for premium on 30-03-2008, however, the complainant failed to pay the same in time which resulted into early lapse of the policy w.e.f. 05-05-2008 which was reinstated on 14-05-2008 after receipt of a premium on 13-05-2008. The said policy was due for regular premium for the term March 2009 regarding which the opposite party was duly communicated vide premium reminder notice dated 27-02-2009, but the complainant failed to pay the regular premium for the said term even after the expiry of 30 days grace period, upon which the status of said policy was changed to early lapse on 06-05-2009. The opposite parties also communicated the status of the policy of the complainant vide letter dated 12-05-2009 vide ordinary Indian post. But the complainant failed to reinstate the policy within the prescribe time of two years , therefore, the policy in question suffered early lapse surrender on 01-04-2011 as per the article 4.4, 4.5 and 4.6 of the terms and conditions of the insurance policy and surrender value of Rupees 8,091/- was paid to the complainant on 16-04-2011 via speed post and as such the opposite parties have not committed any deficiency in service.
3. There is no dispute that on the basis of proposal Annexure R-2 the complainant purchased a policy named ‘Save Guard’ Annexure R-3 subject to the terms and conditions Annexure R-4. The policy commenced on 31-03-2007 for the sum assured Rupees 1,20,000/- on payment of regular premium amount of Rupees 12,000/- annually. The date of last payment of premium was fixed 31-03-2026 and its maturity date was fixed 31-03-2027. As per the policy schedule the complainant was required to pay the annual premium on or before 30-03-2007. The complainant paid the first premium on 30-03-2007. The complainant failed to pay the second premium before 30-03-2008 for the year 2008. As a result of which early lapse of the policy occurred w.e.f. 05-05-2008. The complainant paid the second premium on 13-05-2008 on the basis of which the policy in question was reinstated on 14-05-2008.
4. The complainant has claimed that he paid the third premium on 27-03-2009 vide draft No. TVV155045 dated 27-03-2009, but the same was returned back by the opposite party which was encashed by him after three years without any interest. The said fact is disputed by the opposite parties. The complainant has failed to produce any evidence proving that he had in fact made the payment of premium due in March 2009. As a result of which the said claim made by the complainant has gone unsubstantiated by any legally admissible evidence. On the other hand the opposite parties have set up the defence that complainant had failed to make payment of the premium due in March 2009, as a result of which the policy met with early lapse surrender on 01-04-2011 as per article 4.4., 4.5 and 4.6 of the terms and conditions of the policy. The said stand duly substantiated in view of the articles No.4.4, 4.5 and 4.6 of the terms and conditions Annexure R-4. In view of the early lapse surrender the opposite party has made payment of the surrender value amounting to Rupees 8,091/-. The complainant has also admitted that the opposite parties have paid Rupees 8,000/-.
5. The complainant has failed to prove that he ever paid the premium for the period March 2009 and thereafter, also failed to get the policy reinstated as per the policy’s terms and conditions, hence there is no evidence on record to conclude that the opposite parties have committed any deficiency in service.
6. In view of the evidence discussed and findings recorded above, this Forum is left with no alternative except to conclude that the complainant has failed to prove any deficiency in service hence the complaint is bound to fail.
RELIEF:
In view of the findings recorded above, complaint is dismissed. No orders as to cost. Let certified copy of this order be sent to the parties free of cost, as per rules. The file, after its registration and due completion be consigned to the records.
ANNOUNCED AND SIGNED IN OPEN COURT
ON THIS THE 16TH DAY OF JANUARY, 2015
(B.R. Chandel )
President
(Th. Digvjay Singh) ( Sushma Sharma)
Member Member
