Punjab

Nawanshahr

CC/109/2016

Kamlesh Kumari - Complainant(s)

Versus

Bajaj Allianz Life Insurance Co Ltd - Opp.Party(s)

10 Apr 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SHAHEED BHAGAT SINGH NAGAR. 

 

Consumer Complaint No    :   109 of 07.12.2016 

Date of Decision              :   10.04.2017      

Kamlesh Kumari Wife of Ram Ji Dass R/o Village Bairsian, Tehsil Nawanshahr, District Shaheed Bhagat Singh Nagar.

                                                          ….Complainant

Versus

1. Manager, Bajaj Allianz Life Insurance Company Limited, Happy Building, First Floor, Near Dr.Badan Hospital, Chandigarh Road, Nawanshahr, District SBS Nagar, Punjab.
2. Head Office, Bajaj Allianz Life Insurance Company Limited, GE Plaza, 5^th Floor, B-Wing, Airport Road, Yerawada, Pune, Maharashtra- 411006.

Opposite parties

Complaint under the Provisions of Consumer Protection Act, 1986

QUORUM:         

S.KARNAIL SINGH, PRESIDENT

S.KANWALJEET SINGH, MEMBER

COUNSEL FOR THE PARTIES

For Complainant           :         In person.

For OPs                         :         Sh.A.K. Sareen, Advocate

 

ORDER 

PER S.KARNAIL SINGH, PRESIDENT

1. This complaint filed by complainant, wherein it is stated that she is resident of Village Bairsian, Tehsil Nawanshahr, District Shaheed Bhagat Singh Nagar.  OP-1 – Manager of Bajaj Allianz Life Insurance Company sent a Madam to house of complainant and she asking the complainant that if she learns computer then they will provide her a job and pay her Rs.16,000/- per month and accordingly she started coming to the office of OP-1 and after lapse of 15 days, she was taken into confidence by OP-1 then they allured the complainant that the company has a very good scheme i.e. if she deposited some amount in the shape of FDR then same will returned in double after three years and accordingly, she deposited Rs.10,600/- but OP-1 instead of issuing FDR, the said amount was invested in regular plan of policy.  When she received policy, she went to office of OP-1, who retained the policy and she went to office of OP-1 a number of time and after one month OP-1 stated that the time for cancellation of policy has been ended and now if she got refund then she will got very less amount.  OP-1 used the amount of the complainant in wrong investment and then complainant approached to OP-2 – head office and OP-2 asked the complainant to deposit further installments and complainant refused that she could not deposit further installment but they refused to return the amount and as such she prayed that strict action be taken against OPs and her amount may be returned from OPs with interest and also imposed compensation to the OP No.1&2.
2. Notice of the complaint was given to the OPs and accordingly OPs appeared jointly through their counsel and taking preliminary objection it is submitted that no cause of action has arisen in favour of complainant answering OPs as no claim has fallen due under the policy in question as per terms and conditions of insurance contract.  The policy bearing No.0322847997 was issued on the life of Ms.Kamlesh Kumari strictly in accordance with the proposal form dated 04.05.2015 submitted by complainant duly signed in English Language.  Thus, complainant herself had opted for a benefit term of 20 years & premium payment term of 10 years without any coercion or force and policy was issued with date of commencement as 05.05.2015 and date of maturity as 05.05.2035.  Thus, neither any maturity claim has fallen due nor has the policy acquired any paid up value/surrender value as per terms of policy documents which is still in her custody.  Even, complainant has not made any request for early termination value under the policy as per terms of contract, thus, the complaint lacks any cause of action.  It is further alleged that the complainant herself opted to pay yearly regular premiums of Rs.10320/- for premium payment term of 10 years and benefit term of 20 years.  The proposal of the complainant were accepted by the OPs.  Original policy bond containing express terms and conditions of the insurance contract was dispatched to her vide speed post No.ED621905082IN dated 09.05.2015 and the said document was admittedly received by complainant.  Further, it is submitted that complainant has filed false complaint at this belated stage in order to withdraw the first year premium deposited under the policy for which she is legally not entitled.  It is stated that complainant was offered 15 days free look cancellation period from the date of receipt of policy bond to review the terms and conditions of contract as per policyholder Protections Regulation 2002 and if she was dissatisfied with the said terms and conditions of the policy, she would have given written notice to OPs to cancel the policy within the said period of 15 days from the date of receipt of policy bond and further submitted that answering OPs has acted strictly in accordance with the terms and condition of the contract of insurance and there is no deficiency in service on the part of answering OPs and further alleged that according to settled law, the policyholder, if failed to pay the premium at due time her policy gets lapse automatically as per terms and conditions of the policy.  On merits, all the averments made in the complaint are empathically denied and lastly prayed that complaint of the complainant is without merits and same may be dismissed with costs.
3. In order to prove the complaint, complainant has tendered into evidence her affidavit Ex.CW1/A alongwith photostat copies of documents Ex.C-1 to Ex.C-4.  Similarly, counsel for OPs has tendered into evidence affidavit of Sh.Rajinder Singh as Ex.OPA alongwith photostat copies of policy documents Ex.OP-1 and closed the evidence.
4. We have heard complainant in person as well as counsel for OPs and also gone through the case file very minutely.
5. After going through the contents of complaint, it reveals that complainant herself is not in position to explain that how there is any deficiency in service on the part of OPs.  Rather, she simply claim that she deposited a sum of Rs.10230/- for getting FDR with the conditions that said amount will be refunded after three years in double but OPs have illegally utilized the said amount in insurance policy.  The complainant herself put her signatures on policy documents as well as proposal form.  Copy of insurance policy has placed on file by complainant herself as Ex.C-2 and proposal form Ex.C-3 and proposal form admittedly signed by complainant in English Language, which shows that complainant is not illiterate and rustic villager rather an educated and she is well known while putting on their signatures on proposal form and if she putting her signatures then she could not claim that she invested the amount in FDR.  Rather, it clear that it is proposal form and she deposited the premium in insurance policy.  So it seems that the story propounded by complainant is self made story which is for getting refund of fist premium of the policy.  Whereas as per terms and conditions, the first premium amount can be returned only if she apply for cancellation of policy within free look period i.e. 15 days from the date of receipt of policy but the complainant has never applied for cancellation of policy in stipulated period.  So under these circumstances, complainant is not entitled for refund of first premium amount. 
6. From the above facts and circumstances, we come to conclusion that there is no solid circumstances/force in the submission of the complainant.  Therefore, in view of the above discussion, this complaint is hereby dismissed with no order as to costs.
7. Complaint could not be decided within stipulated time frame due to rush of work.
8. Copies of the order be sent to the parties, as permissible, under the rules.

Dated 10.04.2017                                                         

 

 

(Kanwaljeet Singh)                (Karnail Singh)

Member                                  President