Punjab

Faridkot

CC/19/185

Sunita Kumari - Complainant(s)

Versus

HDFC LIC - Opp.Party(s)

Lakhwinder Singh Golewala

03 Jan 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, FARIDKOT

 

Complaint No. :     185 of 2019

Date of Institution:  01.08.2019

Date of Decision :   03.01.2024

 

Sunita Kumari wife of Dr Adarsh Kumar, resident of House No.121, Gali No. 01, Guru Nanak Colony, Faridkot, Tehsil and District Faridkot.

                                                                                        ...Complainant

Versus

 

1.  HDFC Life Insurance Company, Lodha Excelus, 13^th Floor, Apollo Mills Compound, N M Joshi Marg, Mahalaxmi, Mumbai 4000011 through its Authorized Signatory.                            
2. HDFC Life Insurance Company, Branch at Near Bus Stand, Circular Road, Faridkot through its Branch Manager.

.......OP

Complaint under Section 12 of the

Consumer Protection Act 1986

(Now, under Section 35 of the CPA 2019).

                       

Quorum:    Smt Kiranjit Kaur Arora, President,

Sh Vishav Kant Garg, Member.

* * * * * * *

 

Present:       Sh Lakhwinder Singh, Ld Counsel for complainant,

Sh Neeraj Maheshwary, Ld Counsel for OPs.

                      

ORDER

(Kiranjit Kaur Arora, President)

                                          Complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against OPs seeking directions to OPs to make payment of surrender value of policy

CC-185 of  2019

alongwith interest for delayed payment and for further directing OP to pay Rs.20,000/- as compensation for harassment, inconvenience, mental agony and litigation expenses of Rs.11,000/-.

2                                        Briefly stated, the case of the complainant is that complainant  had purchased one insurance policy from OPs which she surrendered with them on 13.12.2018, but OPs have not paid her surrender value of said policy alongwith interest. Complainant made several requests to OPs and also sent legal notice dated 20.06.2019 to OPs, but all in vain. All this amounts to deficiency in service and trade mal practice on the part of OPs for which she has suffered huge harassment and mental agony. Complainant has prayed for compensation alongwith litigation expenses besides the main relief.

3                                             The counsel for complainant was heard with regard to admission of the complaint and vide order dated 07.08.2019, complaint was admitted and notice was ordered to be issued to the opposite parties.

4                                          Ld Counsel for OPs filed written statement taking legal objections that present complaint involves intricate questions of law and facts requiring voluminous evidence that is not possible in the summary procedure under Consumer Protection Act. further averred that cause of action relates to year 2004, which present complaint has been filed in 2019 beyond the statutory period of limitation of two years and being time barred is liable to be dismissed.

CC-185 of  2019

Complainant has concealed the true facts and is not entitled for any relief. It is averred that complainant surrendered the policy and amount of Rs.2,82,838/- has already been paid to her vide payment no.11058692 on 03.08.2019 vide UTR No. 215190892065968 and thus, complaint has become infructuous. Moreover, no cause of action arises against answering OP and now, complainant is not their consumer. However, on merits, ld counsel for OPs has denied all the allegations of the complainant being wrong and incorrect and made prayer for dismissal of complaint with costs.

5                                    Parties were given proper opportunities to prove their respective case. Ld counsel for complainant tendered into evidence affidavit of complainant Ex C-1 and documents Ex C-2 to Ex C-3 and then, closed the evidence on behalf of complainant.

6                                 To controvert the allegations of complainant, ld counsel for OP tendered into evidence affidavit of Gurpreet Singh Deputy Manager of OPs as Ex OP-1, 2/5 and documents Ex OP-1 to Ex OP-4 and then, also closed the same on behalf of Opposite Parties.

7                                        We have carefully perused and gone through the evidence and documents produced by complainant party.

8                                          From the careful perusal of record and going through the affidavits, evidence and pleadings of the complainant, it is observed that grievance of complainant is that complainant had surrendered an insurance policy on 13.12.2018 that she purchased from

CC-185 of  2019

OPs in 2004, but OPs have not paid her surrender value of said policy alongwith interest. Grievance of the complainant is that despite several requests and issuance of legal notice to OPs, they have not paid her surrender value of said policy, which amounts to deficiency in service. On the other hand, plea taken by Ops is that complaint filed by complainant is time barred as matter relates with the policy in question that complainant purchased from OPs in 2004 and thus it is beyond limitation period. OPs also brought before the Commission that for said policy, an amount of Rs.2,82,838/- has already been paid to her vide payment no.11058692 on 03.08.2019  and thus, complainant has no right to file the present complaint and complaint is liable to be dismissed as there is no deficiency in service on their part and made prayer for dismissal of complaint with costs.

9                                 It is admitted and there is no denial that complainant  purchased the said policy in 2004 from OPs and it is also not denied that she surrendered the policy in question in 2018.  Stand taken by OPs that complaint filed by complainant is time barred has no legs to stand upon in the light of evidence placed on record because OPs have themselves admitted that complainant surrendered the said policy in 2018 and she filed the present complaint on 01.08.2019 that is well within the period of two years of limitation from the cause of action. Further, plea taken by OPs that they have paid Rs.2,82,838/-to complainant as surrender value of said policy on 03.08.2019, holds no water as complainant filed the present complaint on 01.08.2019 and

CC-185 of  2019

payment was made by Ops to complainant on 03.08.2019. It is observed that complainant surrendered the said policy on 13.12.2018, but payment was made by OPs to her on 03.08.2019 i.e after a huge delay of long period of more than seven and half months. Moreover, there is no concealment of facts on the part of complainant as she has duly admitted before this Commission through her counsel that OPs have made payment of Rs.2,82,838/-to her on 03.08.2019. As OPs have made payment of surrender value for said policy on 03.08.2019 despite the fact that she surrendered the said policy on 13.12.2018, therefore, complainant is entitled for interest on this delayed amount.

10                          From the above discussion and in the light of evidence placed on record by respective parties, this Commission is of considered view that complainant has suffered huge harassment at the hands of OPs in not making payment of surrender value for said policy in time. Therefore, complaint in hand is hereby allowed with direction to OPs to make payment of interest over policy in question for delayed period at the rate of 6% from the date of surrender of said policy  i.e 13.12.2018 to the date of final realization i.e 03.08.2019. OPs are further directed to pay Rs.5,000/-to complainant as consolidated compensation for deficiency in service and on account of harassment and mental agony suffered by her  and for litigation expenses.

11                                            Complaint could not be decided within stipulated period due heavy pendency of work and incomplete quorum.

CC-185 of  2019

12                                            Copy of order be given to parties free of cost under rules. File be consigned to record room.

Announced in Commission

Dated : 03.01.2024

 

Member                                               President                      

                   (Vishav Kant Garg)              (Kiranjit Kaur Arora)