BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

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Swarn Singh S/o Sh.Gurbax Singh, resident of Village Alipur, Post Office: ­Ghanauli, Tehsil and District: - Ropar (Punjab) - 140113

…..Complainant

                           V E R S U S

1.    Aviva Life Insurance, SCO No.180-182, Sector 9-C Chandigarh.

2.    Aviva Life Insurance Company India Ltd. Aviva Tower, Sector Road, Opp. Golf Course, DLF Phase V, Sector 43, Gurgaon 122 003, Haryana.

                                  ……Opposite Parties

CORAM: SH.P.D.GOEL                                 PRESIDENT

              SH.RAJINDER SINGH GILL                  MEMBER

              DR.(MRS) MADANJIT KAUR SAHOTA    MEMBER

Argued by:    Complainant in person.

                     Sh.Gaurav Bhardwaj, Proxy Counsel for                            Sh.Sandeep Suri, Counsel for the OPs.

PER P.D.GOEL,PRESIDENT

1.           Briefly stated, the facts of the case are that the complainant took the policy from the OPs bearing No.EPG1253823 with premium of Rs.10,000/- per year. As per terms and conditions of the policy, he deposited three premiums of Rs.30,000/-. The case of the complainant is that he had kidney failure in the year 2011 and for treatment, he needed money, so approached the OPs. The complainant submitted the request form for payment of policy on 14.3.2011. The OPs accepted the documents. The complainant also submitted the written complaint to the Manager of the OPs but to no avail.

              It has been further stated that on 4.5.2011, the complainant received an email from the OPs, stating therein, that the request for surrender of policy had been cancelled. The complainant was advised to submit a fresh request for surrender of policy. The complainant replied on 7.5.2011 that as he had already submitted the request for cancellation of policy with complete documents at Chandigarh Branch, so it is not possible to submit a fresh request for surrender of policy. It has been further stated that the complainant was suffering from Kidney disease and a surgical operation was done on 16.5.2011 at PGI Chandigarh. Hence, this complaint.

2.           OPs No.1 & 2 filed the joint reply, wherein, it has been admitted that the complainant visited the office of the OPs. The OPs vide e-mails dated 4.5.2011 & 9.5.2011 requested the complainant to reapply for the cancellation of the policy because as per record, the earlier request for the cancellation of the policy stood recalled. The complainant did not make a fresh request. It has been further pleaded that the OPs had not refused to release the surrender value of the policy. It has been further pleaded that the policy was not cancelled and its due intimation was given to the complainant. He was assured that in case he wishes to cancel the policy, he should make a fresh request for cancellation but he did not do so. Hence, there has been no deficiency in service on the part of OPs and prayer for dismissal of the complaint has been made.

3.           Parties led evidence in support of their contentions.

4.           We have heard the complainant in person and the proxy Counsel for the OPs and have also perused the record. 

5.           The complainant contended that he took the policy from the OPs with premium of Rs.10,000/- per year. He deposited Rs.30,000/- on account of premiums. He had a kidney failure in the year 2011, so was in need of money for treatment. He approached the OPs with the request for payment on 14.3.2011. The OPs accepted the documents but did not pay the amount. The complainant further argued that he received an e-mail from the OPs, stating therein, that the request for surrender of policy had been cancelled. He was advised to submit a fresh request for surrender of policy. The complainant wrote to the OPs that he had already submitted the request for cancellation of policy with complete documents, therefore, there is no question to submit a fresh request for surrender of policy.

6.           The proxy Counsel for the OPs raised the arguments that the complainant was requested to reapply for the cancellation of the policy because as per record, the earlier request for the cancellation of the policy stood recalled. The complainant did not make a fresh request. It was lastly argued that the OPs have not refused to release the surrender value of the policy. The complainant failed to fill up the fresh form for cancellation, so the surrender value of the policy was not paid to him, although due intimation was given to him that the policy had not been cancelled.

7.           It is an admitted fact that the complainant is the holder of policy No.EPG1253823 issued by the OPs. The perusal of the zimini order dated 8.12.2011 makes it clear that the Counsel for the OPs submitted that the OPs are ready to settle the matter for Rs.22,010/- (surrender value of the policy as on date) subject to completion of formalities by the complainant. The complainant also during the course of arguments, agreed to receive the surrender value of Rs.22,010/-. Besides this, the complainant pressed for compensation and litigation costs.

8.           Now, it is proved on record that the OPs are ready to settle the matter for Rs.22,010/- surrender value of the policy, as on 8.12.2011 subject to completion of formalities by the complainant. Therefore, we do not feel the necessity to go into further details of the matter. Admittedly, the offer to settle the matter for Rs.22,010/- had been received on 8.12.2011 from the learned Counsel for the OPs i.e. after filing of the complaint, therefore, the complainant is entitled for compensation and litigation costs.

9.           As a result of the above discussion, the complaint is partly allowed and OPs are directed to make the payment of Rs.22,010/- to the complainant subject to completion of formalities by him. OPs are also directed to pay Rs.10,000/- to the complainant as  compensation for mental agony and harassment and litigation costs.  

10.         This order be complied with by the OPs within one month from the date of receipt of its certified copy, failing which, OPs shall be liable to refund the awarded amount along with interest        @ 12% p.a. from the date of filing of the complaint, till its realization.

11.        The certified copies of this order be sent to the parties, free of charge. The file be consigned.