BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. P. SUDHIR                                       :  PRESIDENT

SMT. R. SATHI                                         :  MEMBER

SMT. LIJU B. NAIR                                  :  MEMBER

C.C. No. 293/2010 Filed on 15.09.2010

ORDER DATED: 10.05.2018

Complainant:

Mary Rose Varghese, T.C 13/489, E12, Pillaveedu Nagar, Pattom P.O, Thiruvananthapuram.

(By Adv. K.L. Sree)

Opposite parties:

1. Bajaj Allianz Life Insurance Company Ltd., GE Plaza, Airport Road, Yerawada, Pune-411 006.

2. The Branch Manager, Bajaj Allianz Life Insurance Company, 3^rd Floor, Kailas Plaza Building, Pattom P.O, Thiruvananthapuram.

(By Adv. Siju Rajan & Dhanya. R)

This case having been heard on 15.03.2018, the Forum on 10.05.2018 delivered the following:

ORDER

SRI. P. SUDHIR:  PRESIDENT

The gist of the complainant’s case is that complainant and opposite parties entered into contract of policy on 17.11.2006 for which opposite party issued the policy certificate in the name of complainant.  Her policy No. is 0030504223.  As per the policy Rs. 45,000/- should be paid by the complainant within 3 years having a premium of Rs. 15,000/- per year.  On maturity opposite party should pay Rs. 75,000/-.  Complainant paid Rs. 15,000/- as first premium on 17.11.2006 itself.  Date of maturity is 17.11.2016.  Complainant is unable to pay the subsequent premium for the next 2 years within the time because of her personal inconvenience.  When the complainant approached the opposite parties on 30.07.2010 to surrender the policy as per their rules of the opposite party, the opposite parties behaved in a rash and indecent manner towards the complainant and they purposefully denied the amount as she is legally entitled for.  And also said that if the complainant is so concern about the money they would pay Rs. 4,300/- as surrender value.  The complainant is entitled to receive the amount which paid by the complainant as the first premium with interest @ 12% per annum.  Hence complainant approached this Forum for redressal.

Notice sent to opposite parties and opposite parties appeared and filed version. 

As per the version the contention taken is that the policy availed by the complainant is a regular premium policy.  As per the policy Rs. 45,000/- should be paid by the complainant within 3 years, having a premium i.eRs. 15,000/- per year.  If the customer fails to pay the renewal premium within 30 days from the due date, the policy lapses and life coverage ceases till the policy is revived.  If the policy is lapsed, the fund will not participate further in share market.  Maximum lapsation period for the said policy is 2 years.  Presently the said policy is not active, since only first premium of the said policy was paid by the complainant.  2 years and 3 months’ time was given to complainant to pay the balance amount but she has not cared to pay the same.  Hence the policy has been foreclosed and an amount of Rs. 4,134/- vide cheque No. 241816 of UTI Bank dated 13.08.2010 has been sent to the complainant by courier service.  There is no unfair trade practice from the part of the opposite parties.  She is not entitled to receive the first premium amount back with interest, she is not entitled to any of the relief as prayed for. 

Issues:

1. Whether there is deficiency of service on the part of opposite parties?
2. Whether the complainant is entitled for the reliefs sought for?

Issues (i) & (ii):- Complainant and opposite party filed chief examination affidavit.  The issue before this Forum is regarding the deficiency of service on the part of opposite parties.  Opposite parties have acted according to the policy conditions and paid Rs. 4,134/- on 13.08.2010 to the complainant.  There is no deficiency of service on the part of opposite parties.  Hence complainant miserably failed to establish her case.  Hence we are of the opinion that complainant failed to prove her case and we are constrained to dismiss the complaint without cost. 

In the result, complaint is dismissed without cost.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 10^th day of May 2018.          

        Sd/-

P.SUDHIR                             : PRESIDENT

         Sd/-

R. SATHI                               : MEMBER

          Sd/-

LIJU B. NAIR                        : MEMBER

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