BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

========

Baldev Singh Bajwa S/o Sh.Gopal Singh, R/o H.No.458, Kansal, Chandigarh.

…..Complainant

                                      V E R S U S

1.    M/s Aviva LIC, SCO No.180-82 (GF), Madhya Marg, Sector 9-C, Chandigarh, through its Assistant Manager namely Gaurav Bajaj

2.    M/s Aviva LIC, 5^th Floor, JMD Regents Square, Mehrauli Road, Gurgaon, through its Managing Director.

                                         ……Opposite Parties

CORAM:     SH.P.D.GOEL                                   PRESIDENT

                   SH.RAJINDER SINGH GILL            MEMBER

                   DR.(MRS) MADANJIT KAUR SAHOTA MEMBER

Argued by:     Complainant in person.

Sh.R.S.Dhull, Counsel for the OPs.

PER  P.D.GOEL, PRESIDENT

              Briefly stated, the complainant purchased a Pension Plus Single Premium-Unit Linked Policy from OP Company by paying single premium of Rs.1,15,000/-, having policy term of 5 years, with maturity date as 22.11.2011 (Ann.C-1). It is averred that the complainant approached the OPs on 22.11.2011 to get the maturity amount, they refused to accept the papers and flatly refused to refund the invested amount. As such, a written complaint was made to OP No.2 on 22.11.2011, which it duly replied (Ann.C-2 & C-3).  The complainant again sent a letter dated 30.11.2011 in response to which they informed that his case is being referred to the Complaint Redressel Executive, but nothing more was done (Ann.C-4 & C-5).  Thereafter, complainant vide letters Ann.C-6 to C-9 requested the OPs to refund his invested amount, but again he was informed that his case is pending with complaint Redressel Executive (Ann.C-10).  Then the matter was brought to the notice of NGO (Consumer Association Chandigarh). Hence, this complaint alleging the above act of OPs as gross deficiency in service.

2]           OPs filed reply and admitted the issuance of policy in question having maturity date as 22.11.2011.  It is submitted that the OPs sent number of reminders to the complainant for submission of required documents i.e. original policy document, copy of cancelled cheque, self attested photo ID proof and Maturity Payout Form, on 15.9.2011, 11.10.2011 and 9.12.2011, but of no consequence. It is also submitted that as per the policy, the complainant is required to exercise one of the options as mentioned in Article 4.1 Maturity Benefit of Policy Document, but the OP Company has not received any option or consent from the complainant.  Rest of the allegations have been denied with a prayer to dismiss the complaint.

3]           Parties led evidence in support of their contentions.

4]           We have heard the learned Counsel for the parties and have also perused the record. 

5]           The OPs have admitted the issuance of Pension Plus single Premium Unit Linked Policy in favour of the complainant by paying single premium of Rs.1,15,000/- having policy terms of 5 years with maturity date as 22.11.2011 (Ann.C-1). 

6]           It is the allegation of the complainant that he approached the OPs on 22.11.2011 to get the maturity amount, but they refused to refund his invested amount. The communications were also addressed by the complainant to OP No.2.  The complainant was informed that his case has been referred to the Complaint Redressal Executive.  It is further the allegation of the complainant that he wrote letters Ann.C-6 to C-9 to OPs with request to refund his invested amount, but of no consequences. 

7]           The ld.Counsel for the OPs very fairly & squarely conceded at Bar that the OPs are ready to refund the maturity amount of the policy, subject to his submission of requisite documents and compliance of Article 4 of Standard Terms & Conditions of the Policy (Ann.OP-3 at Page-9 of the reply).  He also argued that the OPs sent reminders to the complainant for submission of original policy document, copy of cancelled cheque, self attested photo ID proof and Maturity Payout form, on 15.9.201, 11.10.2011 and 09.12.2011, but the complainant failed to complete the said formalities.

8]           Since, the ld.Counsel for the OPs has out rightly agreed to release the maturity amount of the policy, subject to his completion of necessary formalities as per communication Ann.OP-4/1 and also as per Article-4 of Standard Terms & Conditions of the Policy (Ann.OP-3), therefore, we do not feel any necessity to go into further details of the matter on merits.

9]           Admittedly, the said offer to release the amount of the policy was made by the OPs on 09.09.2011 (Ann.OP-4/1) whereas the present complaint has been filed on 06.02.2012.  Since the offer to release the amount of the policy had been made prior to the filing of present complaint, therefore, the complainant is not entitled for litigation costs.

10]         As a result of the above discussion, we dispose of this complaint with directions to the OPs to release the maturity amount of the policy in question to the complainant forthwith, subject to his completion of all necessary formalities, referred to above.

              Certified copies of this order be sent to the parties free of cost.  The file be consigned.