Punjab

Sangrur

CC/1517/2015

Shakooran - Complainant(s)

Versus

Birla Sun LIC Ltd. - Opp.Party(s)

Shri S.M.Goyal

01 Aug 2016

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                             

                                                                    Complaint no. 1517                                                                                              

                                                                    Instituted on:  24.11.2015

                                                                    Decided on:    01.08.2016

 

Shakooran wife of Mohammad Anwar resident of # B-111, Mohalla Gujran, Maler Now at Ward No.2,  Vishkarma Mandir, Malerkotla, District Sangrur.

                                                …. Complainant.      

                                         

Versus

 

1.       Birla Sun Life Insurance Co. Limited, through its Managing Director, Registered Office: One Indiabulls Center, Towr 1, 16th Floor, Jupitar Mill compound, 841, Senapati Bapat Marg, Elphinstone Road, Mumbai ( Maharashtra) 400710.

2.       Birla Sun  Life Insurance Company Limited, Malerkotla Now at Birla  Sun Life Insurance company Limited through its Branch Manager/ Incharge, Bada Chowk, Sangrur.

      ….Opposite parties.

 

 

 

FOR THE COMPLAINANT:      Shri S.M.Goyal, Advocate                          

 

FOR THE OPP. PARTIES :        Shri Ajay Pal Singh, Advocate.                     

 

 

Quorum

         

                    Sukhpal Singh Gill, President

K.C.Sharma, Member

Sarita Garg, Member

                 

 

 

ORDER:  

 

Sukhpal Singh Gill, President

 

1.             Shakooran complainant has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that in September 2010, the officer of OP No.2 namely  Ikram Mohammad approached the complainant for sale of Life Insurance policy and  on his advice, she got herself insured for Rs.74880/-  with half yearly premium of Rs.3706.91 and paid premium of Rs.7500/- under receipt number 40289667.  The complainant deposited the premium upto 04.09.2014 i.e. five years and paid total amount of Rs.38203/- . Thereafter due to her illness she could not pay the further premium and requested the OP no.2 to surrender the policy and refund the amount. Then the OP No.2 transferred  the amount of Rs.13104/-  only on 03.11.2015. The complainant again approached the OP No.2 for refund of remaining amount of Rs.25099/- but they refused to do so.  Thus, alleging deficiency in service on the part of OPs, the complainant has sought following reliefs:- 

i)      OPs be directed to pay Rs.25099/-  alongwith  interest @24% per annum,

ii)     OPs be directed to pay to the complainant a sum of Rs.50000/- as compensation   on account of mental agony, harassment and to pay Rs.5500/- as litigation expenses.

2.             In reply filed by the OPs, preliminary objections on the grounds of non-joinder and mis-joinder of parties, maintainability and  suppression of material facts have been taken up. On merits, it is stated that  after understanding the terms and conditions of the policy, the complainant had procured the policy.  The OPs have till date received 10 semi annual premiums.  The complainant had requested for the surrender of the policy vide application dated 26.10.2015 and same was acknowledged by the OP company  vide letter dated 26.10.2015 and accordingly the OP company disbursed  the amount of Rs.13104/-  in the account  of the complainant via NEFT  on 03.11.2015 according to market value  at the time o surrendering the policy.  The complainant is not entitled  for the refund of the premium under the subject policy as the policy has been surrendered as per her own free will. Thus, there is no deficiency in service on the part of the Ops.

3.             In his evidence, the complainant has tendered documents Ex.C-1 to Ex.C-4 and closed evidence. On the other hand, learned counsel for the OPs has tendered documents Ex.OPs/1 alongwith annexures R-1 to R-5 and closed evidence.

4.             It is the complainant's own admitted case that she  purchased a policy from the OP No.2 and got herself insured for Rs.74880/-  with half yearly premium of Rs.3706.91 and the said policy was commenced from 24.09.2010. She paid premium upto 04.09.2014 i.e. four continuously years.  It is the complainant's specific case that  due to her illness or financial reasons  she could not pay the premium further and requested the OP to surrender the policy and refund the amount paid by her on which the OP  no.2 accepted her request and paid the surrender value of the policy of Rs.13,104/- as per terms and conditions of the policy.

5.             The complainant in her complaint has stated that  she had paid total amount of Rs.38203/- as premium but from the perusal of copy of premium paid certificate which is Ex.C-2 and which was produced by the complainant herself we find that an amount of Rs.33513.08 had been paid by complainant  as premium with  service tax and education cess.  The complainant has not produced any cogent evidence/ document to prove that she paid an amount of Rs.38203/- as premium.

6.             Now, the only question which arises for determination before us is whether the complainant is entitled for refund of the total deposited amount  or not? The Ops has specifically stated that after understanding the terms and conditions of the policy, the  complainant had procured  the same and thereafter she requested for surrender of the policy vide application dated 26.10.2015 and same was acknowledged by the OP vide letter dated 26.10.2015  and accordingly the OP company disbursed the  amount of Rs.13104/-  in the account of the complainant via NEFT  on 03.11.2015  according to the market value at the time of surrendering the policy. To prove their case the OPs have produced on record Annexure R/A which  is policy document/ common application form which was signed by the complainant after fully understanding the same. It is not the case of the complainant that the OPs made the payment of Rs.13104/- against the terms and conditions of the policy rather she has not produced any reliable and cogent evidence which shows that she is entitled for the total surrender value.   Moreover, we feel that the complainant has miserably failed to prove  as to how she is entitled for the total surrender value of Rs.33513.08.

7.             In view of the above discussion, we find that there is no deficiency in service on the part of the OPs and as such complaint of the complainants is dismissed however with no order as to costs. Copy of the order be supplied to the parties free of charge. File be consigned to records in due course.                        Announced

       August 1, 2016

 

 

 

( Sarita Garg)           ( K.C.Sharma)           (Sukhpal Singh Gill)                                                                                      

Member                 Member                          President

 

 

BBS/-