Jharkhand

Bokaro

cc/14/117

Dudheshwar Das - Complainant(s)

Versus

Baranch Manager, MetLife India Insurance CO. - Opp.Party(s)

Amardeep Jha and Poonam

30 May 2018

ORDER

Complainant Dhudeshwar Das filed this complaint for a direction to run the policy or return the entire amount to the complainant and compensation of Rs. 10,000/- and litigation cost of Rs. 10,000/-.                           

2          The brief case of the complainant is that the complainant agreed for a monthly income plan vide Policy NO. 20648913 with a payment of premium annually for seven years and the policy terms is for 15 years. Accordingly complainant paid first premium of Rs. 14,000/- on 28.09.2011 and policy was effective from 23.09.2011 and company has issued policy document. The complainant approached the branch of the O.P. for payment of second premium for the year 2012, it is informed to the complainant now the company is under Punjab National Bank, earlier it was under Bajaj Allianz Life insurance and the name has been changed as PNB Met Life so the formalities are pending and the branch has not accepted his second premium and directed that company will inform later for depositing the said amount.

            In the month of Feb, 2013 the branch informed to the complainant for payment of the premium for year 2012 and the complainant issued cheque of Rs. 13,100/- dt. 13.02.2013 for renewal and annual premium and the branch has also issued receipt on 04.03.2013.

            Later on, the registered office of the company informed that the company will not be able to provide service according to the terms and condition of policy without giving any ground. Having received this letter the complainant approached the local branch office of the company several times with request to entertain the policy but they denied.

            Complainant served a legal notice on 23.09.2014 but no reply and it is deficiency in service hence this case has been filed.

3          Following documents have been filed in support of claim:-

Anx-1 Copy of the welcome letter.

Anx-2 Copy of the receipt of receiving money Rs. 13,100/- dt.

            04.03.13

Anx-3 Copy of the legal notice.

Anx-4, 4/1, 4/2 Copies of the cheque of Rs. 13,078/- and cheque

 dt. 13.02.2013 for Rs. 13,100/- and first premium receipt.

Anx-4 /3, 4/4 Copies of monthly income plan and receipt of Rs. 13,078.

Anx-5, 5/1 Copies of refund notice and payment of Rs. 13078/-

through Cheque dt. 28.06.13.

4          O.P. No.1 land 2 appeared and filed W.S. It is submitted that the complaint is false and not maintainable because the complainant is not a consumer and dispute is also not a consumer dispute.

It is admitted that complainant made payment of Rs. 14000/- as initial premium however, the excess payment of Rs. 922.01 was refunded to the complainant vide cheque dt. 07.01.2013 and thereafter, the terms and conditions of the policy were dispatched on 28.09.2011. The premium was due for the period 23.09.2012 but the complainant failed to pay despite of request and reminder and therefore, the complainant failed to reinstate the said policy even within the grace period of one month hence the insurance policy lapsed due to nonpayment of premium on 23.09.2012. The opposite party received payment of Rs. 13100/- vide cheque No. 127605 and the cheque was dishonored and thereafter, complainant again remitted a payment of Rs. 13078/- on 29.04.2013 having cheque No. 341751 but the premium could not be applied against the said policy because complainant had failed to give declaration of good health for reinstating the policy as per the terms of the policy contract and the amount of Rs. 13078 was refunded to the complainant vide cheque dt. 01.07.2013 .

It is also submitted complainant can still reinstate the policy by paying outstanding premium amount along with declaration of good health form. Therefore, the complaint is not maintainable having no cause of action and liable to be dismissed.

5 The following documents have been filed by O.P. No. 1 & 2:-

Anx-A Copy of Proposal Form

Anx-B Copy of benefit under the Monthly Income Plan- 7

Anx-C to C/3 Copies of Welcome letter and schedule of Income plan -7

Anx-D Copy of 1^st Premium Receipt

Anx-E Copy of Term and Conditions of the policy.

            Witness Motty John has filed evidence on affidavit.

F I N D I N G S

6          We perused the record. It appears that the complainant has taken monthly Income plan 7 from the O.P. on payment of premium. Therefore, he is a consumer and the dispute is a consumer dispute.

7          On perusal of the complaint petition and W.S., it appears that the concerned policy has been lapsed due to nonpayment of premium for the year 2012, schedule to be deposited till 23.09.2012. O.P. has stated that he has informed and given reminder for the payment also admitted the amount of cheques dt. 29.04.2013 bearing No. 341751 which was received, was returned vide Anx-5 and 5/1. The cheque bearing No. 127605 of Rs. 13100/- dt. 04.03.2013 was dishonored.

            In the above facts and circumstances and material available in the record it appears that since the policy has been lapsed therefore, the amount of 1^st Premium Rs. 13077.99 have not been cleared by the O.P. for which O.P. is liable for deficiency in service.

            However, the O.P has given offer to the complainant that if he wants to reinstate the policy he has to pay the balance premium amount along with declaration of good health form for revival of the said policy.

8          Therefore, we have considered point of view that if the complainant does not want to proceed with the policy in that case, O.P.is directed to refund Rs. 13077.99 with interest of 8% from the date of receipt or

            If complainant wants to proceed with the policy, he has to deposit the balance premium amount along with declaration of good health form of the O.P.

            Thus, this case is allowed in the light of the above direction in favour of the complainant and it is upto complainant to decide and approach the O.P. company of either of the options given by this Forum.

            In the fact and circumstances no compensation or litigation cost will allowed and parties have to bear cost themselves.

            Accordingly this complaint is disposed off.