DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (CENTRAL)

                                        ISBT KASHMERE GATE DELHI

CC/362/2014

No. DF/ Central/

     RANBIR BHOLA

     C-34, Ground Floor,

     Mayfield Garden,

    Sector-50,

    Gurgoan,Haryana                                                                                                         

                                                                                                      ……..COMPLAINANT 

VERSUS

1.MR. ANUJ

The Manager

Karvat Travel Services Pvt. Ltd.

Travel Tag, Cover More , 11F, 11^TH Floor,

Gopala Tower, Rajender Place, Delhi-110008

2.THE MANAGING HEAD

Karvat Travel Services Pvt. Ltd.,

Travel Tag, 26 Madhu Estate First Floor,

Pandurang, Budghkar Marg, Next To Kamala Mills,

Worli, Mumbai -40001

3. MANAGING DIRECTOR

National Insurance Company Ltd.

3, MIDDLETON STREET,

Prafulla Chandra Sen Sarani

Kolkata, West Bengal 700071

                                                                                                      …..OPPOSITE PARTIES

                                                              ORDER                                       

Rekha Rani, President

1.  The  complainant has filed the instant complaint  U/s 12 of the Consumer Protection Act 1986 as amended (in short the Act)  inter-alia pleading therein as follows:

Complainant had taken a mediclaim policy from OP bearing no.251100/46/10/8500000341 for the period 23.05.2011 to 22.05.2012 at premium amount of Rs. 11,038/-. He had further taken policy no. 251100/46/11/8500001236 for the period 23.5.2012 to 22.05.2013 at premium amount of Rs. 11,328/-. He was in Mumbai and got a call from one of the representatives of the OPs. The conversation was not completed as there were some problem in his mobile and when he came back he again received a call from collection representative of the OP for payment of premium. Complainant informed that he had shifted to Gurgaon and requested the representative to come and collect the payment. Later on he was shocked when he came to know that the policy had lapsed. He had been making telephone calls to OPs in this regard. On 24.07.2014 he talked to the agent Dara Singh. He also sent an e-mail. TheOPs did not redress his grievances. Hence the complaint wherein it is prayed as follows:

“(i) Direct the OPs to kindly take appropriate steps to do the best settlement for his policy at the earliest.
(ii)Direct the Ops to pay additional Rs. 10,000/-compensation for monetary losses, harassment and mental agony suffered by complainant due to the actions of OPs.

(iii)Direct the OPs to pay a sum of Rs. 4,000/- towards cost of this petition.

(iv) Any such orders and relief deemed fit and proper by this Hon’ble Forum in view of the facts and circumstances of the case.”

2. On receipt of notice the OPs appeared and contested the complaint vide their reply.
3. We have heard complainant in person , Sh. Rajnish Kumar advocate  for OP1 and OP2 and Sh. Sanjay Kumar learned counsel for OP3.
4. The factum of taking of the mediclaim policy  for the period 23.05.2011 to 22.05.2012 at premium amount of Rs. 11,038/- and  further issuance of  policy no. 251100/46/11/8500001236 for the period 23.05.2012 to 22.05.2013 at premium amount of Rs. 11,328/- is  not denied.  It is stated that the policy no. 251100/46/11/8500001236 expired on 4.6.2014 having not been renewed in time and even  grace period of seven days was also over.  It is further stated  that after expiry of  the policy and even after  lapse of grace period the complainant tried to contact office of OP in Mumbai and desired to renew the policy with continuity benefit and that he was clearly told that continuity benefits could not be provided to him. It is further stated that representative of the  Delhi office of the OP tried to contact the complainant for collection of premium cheque but he insisted on grant of  continuity benefit which was refused and he was advised that the  policy will be issued as a fresh policy only.  It is also stated that complainant was never punctual in getting his policy renewed on time for the last three years but fortunately  all those polices could be renewed within grace period  whereas this time the grace  period had also expired. It is also stated that  the story made by the complainant is an afterthought. The policy was due for renewal on 04.06.2014 whereas he lodged his grievance with the  OP insurance company after 3 ½ months. It is stated that his first grievance letter is dated 16.09.2014.
5. Learned counsel for the OPs contended that the policy in question issued in favour of the complainant  had lapsed as the same was not renewed in time even within  the grace period. It was also stated that complainant had changed his address and did not bother to intimate the OP about the change in address.   It was also contended that it is not the duty of the OP to inform the complainant that his premium was due,  as per condition 5.8 of the Policy which reads that :

‘’The Policy may be renewed by mutual consent.The Company shall not however be bound to give notice that it is due for renewal.’’

6.  We have seen the case file. There is not even a single document on record   which may prove that complainant had intimated the OP about  change of  his address.   The policy in question lapsed on account of non-payment of premium due. Complainant himself is at fault.  He cannot take advantage of his  own wrong. No deficiency of service or unfair trade practice is proved on the part of the OP. Hence the complaint is dismissed.
7. Copy of this order be sent to the parties as statutorily required. File be consigned to record room.

Announced on this 17^th Dayof May 2018.