Haryana

StateCommission

A/453/2016

BAJAJ ALLIANZ LIFE INS. - Complainant(s)

Versus

HARI PARKASH - Opp.Party(s)

VARUN CHAWLA

09 Aug 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

         

                                                         First Appeal No.453 of 2016

Date of Institution: 20.05.2016

                                                               Date of Decision: 09.08.2017

 

Bajaj Allianz Life Insurance Company Ltd., 3^rd Floor, J.M.D. Regent Plaza, Sikanderpur Mehrauli,Gurgaon Road, Gurgaon.

(through Sh.Abhishek Bisen, Branch Manager, Bajaj Allianz Life Insurance Co. ltd., SCO 215-217, Sector-34, Chandigarh).

…..Appellant

Versus

1. Hari Parkash S/o Lt. Sh.Dalip Singh R/o village Ghori, Tehsil and Distt. Palwal-121102.
2. General Manager, Sarva Haryana Gramin Bank, Chandhut (Earlier Gurgoin Gramin Bank), Head Office,Sector-46, Gurgaon.
3. Regional Manager, Sarva Haryana Gramin Bank, Chandhut (Earlier Gurgoin Gramin Bank), Agra Chowk, Palwal, Haryana.
4. Manager, Sarva Haryana Gramin Bank, Chandhut (Earlier Gurgoin Gramin Bank), Village Chandhut, Tehsil and Distt. Palwal.

                                      …..Respondents

 

CORAM:             Mr. R.K.Bishnoi, Judicial Member.

                             Mrs.Urvashi Agnihotri, Member.                                                                                                                                         

Present:              Mr.Varun Chawla, Advocate counsel for appellant.

                             Mr.Ajay Nara, Advocate counsel for the  respondent No.1.

                             Mr.Sikander Bakshi, Advocate for respondent Nos.2 to 4.

                                                   O R D E R

R.K.BISHNOI, JUDICIAL MEMBER:

          As per complainant, his father opened saving bank account with opposite party (O.P.) Nos.1 and 2/respondent Nos.2 and 3 and at that time O.P.No.3/respondent No.4 told about life insurance policy provided by O.P.No.4 i.e. appellant having annual premium of Rs.10,000/- for sum insured of Rs.2,50,000/-. First installment was paid on 29.01.2010. Thereafter installments for the years 2011-2012, 2012-2013 and 2013-2014 were paid vide receipts dated 28.04.2011, 27.12.2011 and 14.08.2013 which were due upto the month of August 2014.   After death of his father on 16.05.2014 he applied with O.P.No.4 for insurance claim, but, the same was rejected without any reason and he was paid only Rs.37,682/-, so O.ps. be directed to pay the sum assured.

2.      O.P.Nos.1 and 2 were proceeded against ex parte.  O.P. Nos.3 and 4 filed separate reply controverting his averments.  It was alleged by O.P.No.3 that his father was never induced to purchase policy rather it was his voluntary act. No cause of action accrued to complainant against it because policy was purchased from O.P.No.4.  Objections about maintainability of complaint, locus standi, estopple, etc. were also raised and requested to dismiss complaint.

3.      In addition thereto, O.P.No.4 alleged that deceased life assured (DLA) was well educated person and obtained insurance policy knowing all the terms and conditions fully well.  Postmortem report was not produced about cause of death of DLA.  It was life insurance policy and did not cover natural death.  He concocted false story about treatment by a local doctor. A party cannot ask for compensation beyond the terms and conditions of policy and instructions issued by Insurance Regulatory Development Authority (IRDA). So, the complaint be dismissed.

4.      After hearing both the parties, learned District Consumer Disputes Redressal Forum, Palwal (In short “District Forum”) allowed complaint vide impugned order dated 19.02.2017 and directed as under:-

“As such this Forum allows the complaint with the direction to opposite party No.4 to pay the insured amount of Rs.2,50,000/- as genuine claim amount deducting Rs.37,682/- (which has been paid earlier to the complainant through cheque No.44665 dated 06.08.2014) alongwith interest @ 9% per annum from the date of filing of the complaint till payment alongwith Rs.10,000/- as compensation for mental tension, agony and harassment as well as Rs.2200/- as litigation expenses to the complainant within 45 days from the receipt of the copy of this order failing which opposite party no.4 would pay Rs.5000/- alongwith the above awarded amount.”

5.      Feeling aggrieved therefrom, O.P.No.4 has preferred this appeal.

6.      Arguments heard.  File perused.

7.      Learned counsel for appellant vehemently argued that  DLA paid only three installment of premium. He did not pay yearly premium due on  28.01.2014 even after grace period. So, this policy seized to exit and was elapsed at the time of death of Dalip Singh i.e. father of complainant (DLA), so he was not entitled for the insured amount and that is why value amount of Rs.37,682/- were paid to him.  Learned District Forum failed to take into consideration all these aspects and wrongly allowed claim, so complaint be dismissed.

8.      This argument is of no avail. From the perusal of renewal premium acknowledgment letter Annexure C-3 it is clear that annual premium was to be paid by direct debit. It is admitted by appellant that premium was continuously paid upto year 2013 and there was lapse qua the premium to be paid in the month of January, as mentioned above.

          However from the perusal of copy of pass book Annexure C-1 premium was paid on 14.08.2013 which was due in the month of 2014, as alleged in the complaint. Though it is argued that this pass book is pertaining to complainant and not DLA, but, it cannot  be a ground to reject claim because premium was regularly paid from this very account. Findings of learned District Forum are well reasoned based on law and facts and cannot be disturbed. Resultantly appeal fails and the same is hereby dismissed.

9.      The statutory amount of Rs.25000/- deposited  at the time of filing the appeal be refunded to the appellant against proper receipt and identification in accordance with rules.

 

August 09th, 2017                   Urvashi Agnihotri                                R.K.Bishnoi,                                                               Member                                              Judicial Member                                                         Addl. Bench                                        Addl.Bench                

S.K.