Haryana

StateCommission

A/1581/2017

PNB METLIFE INDIA INSURANCE CO. - Complainant(s)

Versus

DARSHANA DEVI - Opp.Party(s)

VAIBHAV JAIN

21 Sep 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

         

                                       

First Appeal No  :      1581 of 2017

Date of Institution:      20.12.2017

Date of Decision :       21.09.2018

 

 

1.      PNB MetLife India Insurance Company Limited, Branch Sirsa Road, Near HDFC Bank, Hisar.

 

2.      PNB MetLife India Insurance Company Limited, Registered Office, Unit No.701, 702 & 703, 7^th Floor, West Wing, Raheja Towers, 26/27, M.G. Road, Bangalore-560 001

                                      Appellants-Opposite Parties

Versus

 

Darshana Devi wife of late Sh. Gulab Singh, resident of Village Sabrawas, Tehsil and District Hisar.

                                      Respondent-Complainant

 

 

CORAM:   Hon’ble Mr. Justice Nawab Singh, President.

                   Mr. Balbir Singh, Judicial Member.

                                                                                                                                     

Argued by: Shri Vaibhav Jain, Advocate for the appellants

         Ms. Shalini Verma, Advocate for the respondent    

 

                                                   O R D E R

 

NAWAB SINGH, J (ORAL)

 

          By filing the present appeal, PNB MetLife India Insurance Company Limited-opposite parties (for short, ‘Insurance Company’) has challenged the order dated October 27^th, 2017 passed by District Consumer Disputes Redressal Forum, Fatehabad (for short, ‘District Forum’) whereby complaint filed by Darshana Devi-complainant was allowed on account of death claim of her husband Gulab Singh (life assured). The Insurance Company was directed to pay Rs.12,00,000/- to the complainant within a period of one month alongwith interest at the rate of 6% per annum from the date of repudiation of claim till realization.

2.      Gulab Singh (since deceased) had purchased MetLife Smart Platinum policy from the Insurance Company. The policy was issued on August 20^th, 2015. Date of commencement was July 18^th, 2015. Basic Sum Assured was Rs.12,00,000/-. Completion date of the policy term was July 18^th, 2075. Premium amount was Rs.5000/- and payment mode was Monthly. Premium due date was 18^th of every month. The life assured died on January 18^th, 2016.  The complainant submitted claim with the Insurance Company.  The Insurance Company vide letter dated March 14^th, 2016 (Annexure R-3) repudiated the claim on the following ground:-

          “We have evaluated your claim and regret to bring to your attention that the above mentioned policy has lapsed since 18.12.2015 due to non payment of the renewal premium.  Since the unfortunate demise of late Mr. Gulab Singh has occurred after the policy had lapsed, we regret to inform you that we are unable to accept any liability under the above policy, as per the terms and conditions of the policy.   

 

3.      The ground taken by the Insurance Company is not sustainable in view of the fact that the premium was to be paid on November 18^th, 2015.  It was paid on December 25^th, 2015 as is evident from Renewal Premium Receipt (Annexure P-10) whereas the life assured died on January 18^th, 2016.   Thus, it is established that the policy was not lapsed on the date of death of life assured.  The Insurance Company wrongly repudiated the claim.  Moreover, the awarded amount has already been paid to the complainant by the Insurance Company before the District Forum as has been stated at bar by counsel for both the parties.  Thus, the appeal is devoid of merit and is therefore dismissed.

4.      The statutory amount of Rs.25,000/- deposited at the time of filing the appeal be refunded to the appellants against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

 

 

Announced 21.09.2018

(Balbir Singh) Judicial Member

(Nawab Singh) President

UK