SMT. MAYA SINGH filed a consumer case on 27 Sep 2022 against BIRLA SUN LIFE INS. CO. LTD. in the North East Consumer Court. The case no is CC/324/2022 and the judgment uploaded on 29 Sep 2022.
Delhi
North East
CC/324/2022
SMT. MAYA SINGH - Complainant(s)
Versus
BIRLA SUN LIFE INS. CO. LTD. - Opp.Party(s)
27 Sep 2022
ORDER
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST
The Complainant has filed the present complaint under Section 35 of the Consumer protection Act, 2019.
The case of the Complainant as revealed from the record is that the Complainant’s husband taken two policies bearing Nos. 001320535 and 001054274 by Opposite Party’s Office for a sum insured of Rs. 5,40,000/- and Rs. 3,75,000/- in the year 2007. The Complainant’s husband paid an amount of Rs. 50,484/- against Policy No. 001320535 and Rs. 12,500/- against Policy No. 001054274 and Opposite Party’s office issued two different Receipts on 07.12.2007 and 08.05.2007 covering the risk on the life of Shri Pratap Singh for a period of twenty years in first policy and three years in the 2nd policy and a duly completed proposal form was also obtained by Opposite Party’s office. Complainant’s husband had paid the due premium of the policies till 2013 when the Lt. husband of Complainant expired due to some illness. It is further stated that the death claim was reported to Opposite Party on 30.11.2013 by the Complainant by way of a letter whereby Opposite party was requested to settle and pay the death claim as per policies. The Complainant sent number of requests to Opposite Party’s office and also visited their office number of times and Complainant was assured that payment of policies will be released in the Complainant name being the nominee but the claim was not settled and not paid till today. A legal notice was served upon the Opposite Party on 12.03.2022 but no response has been received till date. The Complainant has prayed that the Opposite Party be directed to pay the Complainant in settlements of the claim a sum of Rs. 9,15,000/- being the amount of claim along with interest thereon @ 24 % two months after the date of loss, Rs. 1,00,000/- on account of mental agony, pain and suffering and another sum of Rs. 1,00,000/- being the cost of the present litigation.
We have heard the Ld. Counsel for the Complainant on the point of Admission and we have also perused the file. Lt. husband of the Complainant took the policy from the Opposite Party bearing Policy No. 001054274 on May 2007 sum insured of Rs. 3,75,000/- with an Annual Policy Premium of Rs. 50,000/- with coverage paying period of three years premium to be paid quarterly and last date of premium to be paid was 08.02.2010. As per the first premium receipt enclosed with the complaint, Lt. husband of the Complainant paid first quarterly premium amount of Rs. 12,500/- on 08.05.2007.
Lt. husband of the Complainant took another Policy no. 001320535 on 07.12.2007 with Annual Policy Premium of Rs. 50,484/-sum insured Rs. 5,40,000/- and mode of the payment of premium was quarterly and first quarterly premium was paid on 07.12.2007 of Rs. 12,621/-.
Counsel of the Complainant was given five opportunities on their request to submit the copy of the policies and receipts of premium paid but they have failed to produce any document.
In view of above, since policies were taken in 08.05.2007 and 07.12.2007 and paid only one premium against each policy that was in year 2007. The Complainant is also filed after nine years from the death of the husband of the Complainant.
Hence, we did not see any ground to admit the complaint. The complaint is dismissed.
Order announced on 27.09.2022.
Copy of this order be given to the complainant free of cost.
File be consigned to Record Room.
(Anil Kumar Bamba)
Member
(Surinder Kumar Sharma)
President
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