We have heard Learned Counsel for the parties and perused the impugned order dated 31.10.2017 passed by the State Consumer Disputes Redressal Commission, West Bengal whereby the Appeal preferred by the Respondent herein has been allowed and the Complaint preferred by the Petitioner has been dismissed. 2. Briefly stated the facts giving rise to the present Petition are as follows:- The Petitioner, Complainant herein, took an Insurance Policy from the Respondent herein for a sum of Rs. 2,00,000/- in the 2006. The Policy was Bajaj Alliance Swarna Raksha ROC (Immediate Annuity Without Profit). Upto 17.08.2012 the Petitioner was paid annuity as per the terms of the policy. However, subsequently the same was denied on the ground that the Petitioner had not produced the Existence Certificate within the stipulated period. The Learned Counsel for the Petitioner submitted that after five years of the policy the surrender/partial withdrawn request can be entertained by the Respondent as will be clear from the Surrender/Partial Withdrawal Form supplied by the Respondent to the Petitioner, which was full filled in and submitted by him. He further submitted that there is no question of furnishing of Existence Certificate as the Petitioner himself appeared before the Respondent for claiming annuity payment. 3. Learned Counsel for the Respondent, however, submitted that under the terms and conditions of the Insurance Policy, in question, surrender was not permitted and further for payment of annuity amount Existence Certificate was a pre-condition. 4. We have given our thoughtful consideration to the various pleas raised by the Counsel for the parties and find that the terms and conditions of the Insurance Policy in question specifically provided that the Policy cannot be surrendered. Merely because the Respondent’s office had issued a Surrender/Partial Withdrawal Request Form it will not entitle the Petitioner to claim benefit of surrender or partial withdrawal facilities. So far as the payment of annuity is concerned we find that under the terms and conditions of the policy document the Petitioner was required to produce the Existence Certificate at least 15 days prior to the policy anniversary date every year so as to enable the Respondent to pay the amount of annuity. However, for reasons best known to the Petitioner he did not submit the Existence Certificate and mere appearing personally before the Respondent would not substitute for providing Existence Certificate. 5. Mr. Dipak Ranjan Mukherjee, Learned Counsel for the Respondent submitted that if the Petitioner submits Existence Certificate in the prescribed form duly filled and notorized, the Respondent shall pay the entire arrears of annuity within 30 days from the date of submission of the Existence Certificate. 6. We, therefore, dispose of the Revision Petition by directing Respondent to provide a copy of the Existence Certificate Form to the Petitioner within a week and the Petitioner shall submit the same after duly filling and notarizing the same to the Respondent within one week thereafter. The Respondent shall pay the entire arrears of annuity which has become due and payable on or after 17.08.2012 till date within 30 days from the submission of the said notarized Existence Certificate Form. The Respondent shall also provide some blank forms of Existence Certificate which has to be submitted by the Petitioner in days to come. The Petitioner shall be entitled to cost which we fix at Rs.10,000/- (Rupees Ten Thousand only) payable by the Respondent along-with the arrears of annuity. | 
