BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
CACHAR :: SILCHAR
Con. Case No. 15 of 2018
Smti. Chandana Rani Das,
W/o – Lt. Madan Mohan Das.
Resident of Bakri Hawar Part – I,
P.S Panchgram, District- Hailakandi ……………………… Complainant.
-V/S-
- Bajaj Allianz Life Insurance Company Limited.
West Hub, 2nd Floor, Bajaj Finserve, Survey 208/1-B
Viman Nagar, Nagar Road, Pune Maharastra - 411014…..………...O.P No.1
- Bajaj Allianz Life Insurance Company Limited., Silchar Branch
Represented by its Branch Manager, Having office at Jagannath building, Hospital Road, P.S- Silchar, Dist Cachar (Assam)…………..….........O.P.No.2
Present: - Sri Bishnu Debnath, President,
District Consumer Forum,
Cachar, Silchar.
Sri Kamal Kumar Sarda, Member,
District Consumer Forum,
Cachar, Silchar.
Appeared: - Mr. A. Biswas, Advocate for the complainant.
Mr. Rahul Nath, Advocate for the O.Ps.
Date of Evidence 18-07-2018, 18-09-2018
Date of written argument 17-11-2018, 01-12-2018
Date of oral argument 14-12-2018
Date of judgment 29-12-2018
JUDGMENT AND ORDER
Sri Bishnu Debnath,
- Smti. Chandana Rani Das @ Chandana Das brought the complaint under the provision of the Consumer Protection Act. 1986 against the Bajaj Allianz life Insurance Co. Ltd. Pune and its Branch Office at Silchar for award of direction to the Insurance Co. to pay sum insured of Rs.2,50,000 and as death benefit of her husband Madan Mohan Das and compensation for disservice in connection with Life Insurance Policy No. 0172949182.
- The Complainant brought the following facts:-
Her husband Madan Mohan Das purchased an Insurance Policy No. 0172949182 from the Bajaj Allianz Insurance Co. (referred as O.Ps) the Insurance coverage started from 28/11/2011. The sum insured was Rs.2,50,000 and annual premium was Rs.10,000/-. The premium was paying through saving Bank A.C No. 7331010003184 of Assam Gramin Vikash Bank, Katakhal Branch, Hailakandi. Unfortunately her husband died on 05/12/2014 in a Motor Road Accident vide Panchgram P/S case No. 139/2014 U/S 279/338/304 (A) IPC. As the Complainant was not having knowledge about the aforesaid policy she could not submit claim form immediately after death of her husband but on search in the mid-year 2016 she found the aforesaid policy with old documents. Accordingly, submitted Claim Form in the mid of the year 2016 but the O.Ps has not yet release the amount of death benefit of her husband.
- The O.Ps in their W/S stated inter alia that the aforesaid policy was a group Insurance Policy. The master Policy holder was Assam Gramin Vikash Bank. The husband of the Complainant was a member of that group Insurance policies. His membership No. 0241579723. The husband of the Complainant enter into the group Insurance Scheme (Bajaj Allianz Life Sarva Shakti Suraksha Plan) with effect from28/11/2011 and paid 1st annual premium of Rs.10,000/- through his aforesaid Bank on 28/11/2011. The scheme was required to continue for 5 (Five) years. But after payment of 2nd annual premium on 31/12/2011 the husband of the Complainant stopped payment of premium for subsequent years. Accordingly, from 31/12/2012 the membership of husband of the Complainant in respect of the above group Insurance Policy has been lapse as per terms & conditions and life risk of the member i.e husband of the complainant seized to cover. However after completion of 5 years, the O.P. transferred paid up value accrued in the lapsed policy as an amount of Rs.20,482 on 05/05/2017 to the SB A/C of No. 7331010003184 vide transaction ID No. FIN00101Q1597026.
- During hearing, the Complainant submitted deposition with documents. The O.P. side also submitted deposition of Sri. Uttam Kumar Paul, an exhibited proposal Form, premium receipt, policy account statement, transaction details in respect of paid up value accrued in the lapsed policy vide Ext.A to Ext.E.
- After closing evidence, both sides counsels submitted their written argument. I have perused the evidence on record including written argument and also heard both side counsels.
- In this case it is unchallenged fact that the husband of the complainant entered into a Group Insurance Policy with effect from 28/11/2011 and paid 2 (two) annual installment of Rs.10.000/- each through Master Policy holder i.e Assam Gramin Vikash Bank. It is also unchallenged fact that premium amount deducted by the bank from SB A/C No., 331010003184 of husband of the Complainant. It is also unchallenged fact that the husband of the Complainant stopped payment of premium due on 31.12.2012 and as such the policy in respect of membership of husband of the Complainant lapsed from the aforesaid date. It is also unchallenged fact that the husband of the Complainant died on 05/12/2014 i.e one year after the date of lapse of the Insurance Policy of the husband of the Complainant. It is also revealed from the evidence on record that prior to death of husband the lapsed policy was not revived. Thus, as per clause 7 (IV) of terms and condition of Insurance Policy vide Ext.B the Life Insurance coverage got terminated. Hence, the legal heirs of the Policy membership holder i.e Madan Mohan Das is entitled onlythe paid up value accrued from lapse policy after completion of 5 (Five) years from the date of commencement of the policy in respect of the deceased Madan Mohan Das.
- Record revealed that the O.P. side transferred Rs.20,480/- on 05/05/2017 vide Ext.C to the SB A/C No.331010003184 of deceased Madan Mohan Das Therefore, in this case I do not find any disservice on the part of the O.Ps. Thus, the Complainant is not entertained any relief from this District Forum. Accordingly, this case is dismissed on contest.
- Supply free certified copy of judgment to the parties. Given under my hand and seal of this District Forum on this the 29th day of December 2018.
