DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA.
CC.No.60 of 12-02-2013
Decided on 10-06-2013
Phul Chand aged about 50 years S/o Kalu Ram, Shop No.103A, Shri Nath Sweet Grain Market, Distt. Bathinda.
........Complainant
Versus
HDFC Standard Life Insurance Company Ltd., through its Manager, Guru Kanshi Marg, Near Ahluwalia Complex, Bathinda.
.......Opposite party
Complaint under Section 12 of the Consumer Protection Act, 1986.
QUORUM
Smt. Vikramjit Kaur Soni, President.
Sh.Amarjeet Paul, Member.
Smt.Sukhwinder Kaur, Member.
Present:-
For the Complainant: Sh.Sanjay Goyal, counsel for complainant.
For Opposite party: Sh.Vinod Garg, counsel for the opposite party.
ORDER
VIKRAMJIT KAUR SONI, PRESIDENT:-
1. The complainant has filed the present complaint under section 12 of the Consumer Protection Act, 1986 as amended upto date (Here-in-after referred to as an 'Act'). The brief facts of the complaint are that the complainant purchased the insurance policy bearing No.11218737 and made the payment of Rs.10,000/- in the month of August 2007 and was assured by the opposite party that he has to make the payment of Rs.10,000/- only once and is not required to make any further payment as the insurance amount is to be paid only once, in case he wants to get the refund of the amount then he will be given Rs.10,000/- alongwith interest @ 12% per annum and no charges shall be deducted and he can claim for the refund anytime. The complainant has paid the premium only once and the receipt of the payment was issued but nothing has been mentioned regarding the further payment rather the intimation regarding the payment was sent through SMS only. Neither any cover note nor any separate terms and conditions were ever supplied to the complainant by the opposite party and even free look period was not provided to him. The Manager of the opposite party took the signatures of the complainant on many blank printed documents. The complainant sought the refund of Rs.10,000/- alongwith interest but the opposite party refused to refund the same and conveyed him that he has to make the payment for minimum 3 more years otherwise he will not be entitled to get the refund as such he paid 3 more installments including Rs.1000/- as top up premium and made the total payment of Rs.41,000/- Hence the complainant has filed the present complaint to seek the directions to the opposite party to refund the amount of Rs.41,000/- alongwith cost and compensation.
2. Notice was sent to the opposite party. The opposite party after appearing before this Forum has filed its written statement and pleaded that this complaint is barred by limitation. The complainant has concealed the fact that he purchased the insurance policy bearing No.11218737 with the term of 10 years with annual premium of Rs.10,000/-. The said policy is lying lapsed for the non payment of the premium w.e.f. August 2010 and no refund of Rs.41,000/- is payable as per the terms and conditions of the said policy. The complainant has voluntarily purchased the said insurance policy by submitting duly filled proposal form with a plan of 10 years with annual premium of Rs.10,000/-. The complainant is an educated person. The complainant submitted the mandate form for direct debit and signed the illustration of the benefits and most important documents after understanding the various terms and conditions of the said policy. The opposite party never told that the complainant that he is to pay the premium only once or he can get the refund anytime with interest @ 12% per annum without deduction of any charges. The complainant cannot claim any relief beyond the terms and conditions of the said policy. The said policy with its terms and conditions were supplied to the complainant. The opposite party has not obtained the signatures of the complainant on any blank or printed forms or documents. The complainant is not entitled to get any refund of Rs.41,000/- or interest thereon.
3. The parties have led their evidence in support of their respective pleadings.
4. Arguments heard. The record alongwith written submissions submitted by the parties perused.
5. Admitted facts of the parties are that the complainant has paid 4 premiums of Rs.40,000/- and Rs.1000/- as top up premium, in total he has paid the amount of Rs.41,000/- to the opposite party.
6. The disputed facts of the parties are that the complainant submitted that he has purchased the said policy on the assurance of the opposite party that he has to pay the premium of Rs.10,000/- only once and he is not required to pay the further premium, in case he wants to get the refund of the amount then he will be given Rs.10,000/- alongwith interest @ 12% per annum alongwith benefits but he has received the SMS to pay the further premiums. The complainant approached the opposite party, it conveyed him that if he will not pay the further premiums, he will not be given any benefits under the said policy. No cover note/policy documents or separate terms and conditions or free look period option were supplied to the complainant by the opposite party. The official of the opposite party got the signatures of the complainant on some blank printed forms.
7. On the other hand the submission of the opposite party is that the complainant purchased the said policy in the year 2007 thus this complaint is barred by limitation. The complainant has voluntarily purchased the said policy after submitting duly filled proposal form Ex.OP-4 wherein he signed a declaration alongwith Ex.OP-9 to the effect that he has understood the contents of the proposal form and has also submitted the benefit of illustration Ex.OP-8 and direct debit mandate Ex.OP-7. The said policy is lying lapsed for the non payment of the premium from 2011 onwards and no amount is payable to the complainant as claimed by him as the said policy is regular life insurance policy. The terms & conditions of the said policy are binding on the parties to the contract.
8. Ex.OP-3 first premium receipt dated 10.8.2007 shows that the life insurance policy has been issued to the complainant with policy bearing No.11218737; Plan:- HDFC Children's Double Benefit plan; Policyholder:-Mr.Phul Chand Yadav; Premium amount (including taxes):-Rs.10,000/- and the premium adjusted w.e.f. 7 August, 2007.
Ex.OP-4 shows the proposal form for single life; Term:-10 years; Frequency of payment:-Yearly. The complainant Phul Chand has also sent the declaration Ex.OP-9 to the effect that he has fully understood the contents of the policy in question.
9. The legal objection that the complaint is barred by the limitation as cause of action arose in the year 2007 and the complainant has filed the present complaint in the year 2013. The complainant has paid the premiums upto 2010 and next premium was due on August 2011, the complaint has been filed on 12.2.2013, hence the cause of action arose to the complainant in year 2011 and the complainant has filed the complaint well within 2 years as provided under the 'Act', hence the objection of the opposite party is not tenable.
10. Thus from the facts, circumstances and evidence placed on file it is clear that the policy issued to the complainant is life insurance policy not a unit linked policy. The complainant has to pay regular premiums for 10 years. The complainant has paid the premiums upto 2010 and has failed to pay the due premium in the year 2011, hence the said policy lapsed as the same is life insurance policy. The policy in question lapsed due to the non-payment of the 5th premium. Moreover the life of the Insured remained cover for the period of 4 years or till date the said policy remained inforce, it covered the risk of the insured.
11. As discussed above the said policy has lapsed due to the non-payment of the premiums as the premiums has to pay regularly till 10 years from the commencement of the said policy. Thus in our opinion there is no deficiency in service on the part of the opposite party hence this complaint fails and is hereby dismissed without any order as to cost.
12. With utmost regard and humility to the authorities relied upon by learned counsel of the complainant, have distinguishable facts and circumstances.
13. A copy of this order be sent to the parties concerned free of cost and the file be consigned to the record room.
Pronounced
10-06-2013
(Vikramjit Kaur Soni)
President
(Amarjeet Paul)
Member
(Sukhwinder Kaur) Member
