DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NARNAUL

                                      CONSUMER COMPLAINT NO.185 of 2011

                                      DATE OF INSTITUTION:- 08.07.2011

                                      DATE OF ORDER:-  .08.2014                    

1. Kamlesh Saini son of Shri Sunda Ram, Caste Saini, Resident of Tajpur Gate, Mandi Ateli
2. Smt. Krishna Devi wife of Shri Kamlesh Saini son of Shri Sunda Ram, Caste Saini, Resident of Tajpur Gate, Mandi Ateli

……………COMPLAINANTS

                   VERSUS

1. Branch Manager, Birla Sun Life Insurance Company Ltd., Near Girl I.T.I., City Heart, Narnaul
2. Managing Director, Birla Sun Life Insurance Company Ltd., Registered Office 6^th Floor, Vaman Centre, Mukhwana Road Office Andhari Kurla Road, Marol Naka, Andhari Estate Mumbai-400059

………….. OPPOSITE PARTIES

COMPLAINT U/S 12 OF CONSUMER PROECTION ACT

BEFORE :- Rajesh Jindal, President

                   L. K. Nandwani, Member

                   Smt. Usha Yadav, Member

Present:-  Shri K. C. Saini, Advocate for the complainants.

                Shri D. K. Gaur, Advocate for the opposite parties

ORDER:-

Rajesh Jindal, President:

                   According to the complaint, brief facts are that the complainants insured themselves in the month of March/ May 2008 under policy “Saral Jeewan Fund Coverage” and “Saral Jeewan Life Coverage”, Term 20 pay Reg. respectively with the opposite parties.  It is alleged that complainant No.1 Kamlesh Saini has deposited a sum of Rs.48930/- on 28.03.2008 under I.D. No.1632567642 and policy No.001598274 and complainant No.2 Smt. Krishna Saini has deposited a sum of Rs.25914 on 12.05.2008 under I.D. No.2046641056 and policy No.001672516 and after depositing the above said amount, the opposite parties issued the policy bonds to the complainants.  The complainants due to some financial problem could not regularize the aforesaid policies for three years, so they sent a letter to the opposite parties for refunding the surrender value on 15.03.2010 along with policy bond, but the opposite parties returned the policy bond on the pretext that the same be accepted after completion of three years.  On 05.05.2011 the complainants sent legal notice to the opposite parties for refunding the surrender value, but to no effect.  The complainants have averred that as per policy scheme/ provision they are entitled to refund the surrender value along with interest.  It is prayed that the opposite parties be directed to pay surrender value of Rs.48930/- of complainant Kamlesh Saini and Rs.25914/- of complainant Smt. Krishna Devi along with interest at the rate of 24% per annum, beside claiming compensation of Rs.10,000/- for mental agony and harassment. 

2.              The opposite parties filed their joint reply stating, inter-alia, therein that the complainants have obtained the aforesaid policies after understanding and agreeing with their terms and conditions.  The opposite parties sent welcome letters dated 14.04.2008 and 15.05.2008 along with policy contract documents to the complainants, but they did not avail the ‘Free Look’ option, which demonstrates that the complainants were satisfied with the said policies issued to them.  Complainant Kamlesh Saini was issued a renewal premium notice requesting him to pay the premium due on 28.03.2009, but he failed to pay renewal premium, even within 30 days of grace period, so his policy was got lapsed on 28.04.2009.  Further, complainant Kamlesh Saini has not revived his policy, as per policy contract, by paying the premium due within two years of lapsation, so his policy was terminated on 28.04.2011 as per terms and conditions of the policy contract.    It is averred that complainant Smt. Krishna Devi was also issued a renewal premium notice requesting her to pay the premium due on 12.05.2009, but she failed to pay renewal premium, even within 30 days of grace period, so her policy was got lapsed on 12.06.2009.  Further, complainant Smt. Krishna Devi has not revived her policy, as per policy contract, by paying the premium due within two years of lapsation, so her policy was terminated on 12.06.2011 as per terms and conditions of the policy contract.  As per terms and conditions of the policy contract, no surrender value is payable to the complainants.  There is no deficiency in service on the part of the opposite parties.   In the end, it is prayed that the complaint be dismissed.             

3.                In order to make out their case, the complainants have placed on record supporting affidavit of Kamlesh Saini (complainant No.1) Annexure C-1, supporting affidavit of Smt. Krishna Devi (complainant No.2) Annexure c-2, copy of First Premium Receipt dated 28.03.2008 Annexure C-3, copy of First Premium Receipt dated 12.05.2008 Annexure C-4, copy of legal notice dated 05.05.2011 Annexure C-5 and Courier Receipt dated 07.05.2011 Annexure C-6.

4.                In reply thereto, the opposite parties have simply placed on record supporting affidavit of its authorized officer Mr. Lalit Vermani Annexure R-1.

5.                We have gone through the record of the case carefully and have heard the learned counsels for the parties.

6.               

(Smt. Usha Yadav)          (L. K. Nandwani)            (Rajesh Jindal)

Member                          Member                          President,

                                                                      District Consumer Disputes

                                                                      Redressal Forum, Narnaul