BEFORE THE DAKSHINA KANNADA DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MANGALORE
Dated this the 31st MARCH 2016
PRESENT
SMT. ASHA SHETTY : HON’BLE PRESIDENT
SMT.LAVANYA M. RAI : HON’BLE MEMBER
COMPLAINT NO. 154/2013
(Admitted on 01.06.2013)
Smt. Harinakshi K,
W/o Late Nandish Kumar M.
Age: 41 years,
R/a Govt. Quarters No. 45,
Urva Store, Ashoknagar,
Mangalore Taluk. …….. COMPLAINANT
(Advocate for Complainant: Sri M.R.Ballal)
VERSUS
L.I.C of India,
A body corporate established
by the Life Insurance
Corporation Act 1956
having its Branch Office
amongst others places at
Popular building K.S.Rao Road,
Mangalore bearing branch No. 621,
represented by its Manager. ……OPPOSITE PARTY.
(Advocate for opposite party : Sri Anantha Krishna Udupa.)
ORDER DELIVERED BY HON’BLE PRESIDENT
SMT. ASHA SHETTY
- 1. This complaint is filed under section 12 of the Consumer Protection Act as against the opposite party claiming certain reliefs.
The brief facts of the case are as under:
The complainant is the widow of one deceased Nandish Kumar M who had taken a Jeevan Anand policy bearing No. 626244932 from the opposite party on 13.08.2011, the sum assured being Rs. 10,00,000/-. The premium to be paid was Rs. 14,406/- quarterly starting from 13.08.2011. The complainant was the nominee in the said policy. According to the complainant the next premium payable was on 13.011.2012 and in support of the same premium intimation letter has been produced. On 09.10.2012 the policy holder was found dead at his native Mudaikodi, Amunje village, Bantwal taluk and it was reported as unnatural death. On 05.11.2012 the complainant lodged claim for payment of the benefits under the said policy with the opposite party. It is the contention of the complainant that the opposite party neither repudiated the claim nor honored the claim of the complainant and hence above complaint filed U/sec 12 of the Consumer Protection Act 1986 (herein after referred to as the act) seeking direction from this Forum to the opposite party to pay sum assured with profits along with 14% per annum interest from 25.02.2013 till payment along with compensation and cost of the proceedings.
II. Version notice served to the Opposite Party by RPAD. Opposite Party appeared through their counsels filed version. It is stated that Sri NandishKumar M. had obtained the life insurance policy Jeevan Anand from the Opposite Party. The said policy is bearing No. 626244932 and the sum assured in the policy is Rs. 10,00,000/- which commenced with effect from 13.08.2011. The premiums are payable quarterly for a sum of Rs. 14,406/-. The first premium is paid on 13.08.2011. The due dates for each quarter is 13.08.2011 13.11,2011, 13.02.2012, 13.05.2012, 13.08.2012, 13.111.2012 and so on. As per the terms of policy one month’s grace period from the due date is provided for the payment of premiums. If the premium is not paid before the expiry of the days of grace, the policy will lapse. Policy condition No. 2 is clear in this point.
It is further stated that as per the policy condition No. 5, if the premiums are not duly paid, the policy shall be void and all claims to any benefit by virtue here of shall cease and determine and it will not acquire any paid up value. As per condition No. 4 to the policy, if at least three years premiums are not paid the policy shall be wholly void and nothing is payable under the policy. In the case of policy of Nandish Kumar M., three full years premiums were not paid. Hence the policy did not acquire any paid up value and the policy was in a lapsed condition for nonpayment of regular quarterly premium for August 2012 without acquiring any paid up value.
It is specifically denied that the next premium in respect of the policy was payable on 13.11.2012. It is submitted that the policy holder paid totally 4 quarterly premiums such as 08/2011, 11/2011, 02/2012, 05/2012. The policy holder has not paid the next quarterly premium which was payable on or before 13.08.2012. The one month’s grace period for payment of premium had also expired on 13.09.2012. The policy holder has not paid the premium with in the said grace period. Hence the captioned policy was in a lapsed condition after the expiry of grace period i.e. from 13.09.2012. Therefore deficiency in service and sought for dismissal of the complaint.
III. 1. In support of the complaint, Smt. Harinakshi (CW1) the Complainant filed affidavit reiterating what has been stated in the complaint and produced Ex. C1 to C6. One A Madhava Pai Manager (L&HPF) Divisional Office, Ajjarkad of the Opposite Party (RW1) filed counter affidavit and answered the interrogatories served on him and marked Ex R1 to R3.
In view of the above said facts, the points now that arise for our consideration in this case are as under:
- Whether the complainant proves that the opposite party has committed deficiency in service?
- If so, whether the complainant is entitled for the reliefs claimed?
- What order?
We have considered the notes/oral arguments submitted by the learned counsels and also considered the materials that was placed before this Forum and answer the points are as follows:.
Point No. (i) and (ii): Negative
Point No. (iii) As per the final order.
REASONS
IV. 1. POINTS No. (i) TO (iii) :
In the instant case the facts which are admitted that complainant’s husband Sri Nandish Kumar had obtained LIC Jeevan Anand from the Opposite Party bearing No.626244935 and the sum assured in policy is Rs. 10,00,000/- which commenced with effect from 13.08.2011. The premium to be paid was Rs. 40,406/- quarterly starting from 13.08.2011. The first premium is paid on 13.08.2011. The due dates for each quarter is 13.08.2011, 13.11.2011, 13.02.2012, 13.05.2012, 13.08.2012, 13.11.2012, and so on. It is also not disputed that as per the terms of policy one month’s grace period from due date is provided for the payment of premiums. It is also not in dispute that life assured Nandish Kumar died on 09.10.2012.
On perusal of the oral as well as the documentary evidence available on record it is seen that on the date of death of policy holder Mr. Nandish policy was in lapsed condition and the deceased was supposed to pay Rs. 40,406/- quarterly. The last premium was paid by him was on 27.06.2012 received the premium which was due on 13.05.2012.
The next quarterly premium was to paid on 13.08.2012 with a grace period of 1 month. But the premium was not paid thereafter. As on date of death the policy was in lapsed condition, the policy did not acquire any paid-up value for nonpayment of regular quarterly premium, hence complainants has no merits deserves to be dismissed with no cost.
In the result, we pass the following:
ORDER
The complaint is dismissed. No order as to costs.
Copy of this order as per statutory requirements, be forward to the parties and file shall be consigned to record room.
(Page No.1 to 7 dictated to the Stenographer typed by him, revised and pronounced in the open court on this the 31st day of MARCH 2016)
PRESIDENT MEMBER
(SMT. ASHA SHETTY) (SMT. LAVANYA M.RAI)
D.K. District Consumer Forum D.K. District Consumer Forum
Mangalore. Mangalore.
ANNEXURE
Witnesses examined on behalf of the Complainant:
CW-1 : Smt. Harinakshi Complainant.
Documents produced on behalf of the Complainant:
Ex. C1 : Copy of the policy No. 626244932 issued
by the Opposite Party.
Ex. C2 : Copy of the premium intimation Letter.
Ex. C3 : Copy of the claim letter along with the
documents enclosed thereto.
Ex. C4 : Copy of status report of policy No. 626244932 supplied.
Ex. C5 : Office copy of the lawyer’s notice dated 23.02.2013.
Ex. C6 : Postal acknowledgment.
Witnesses examined on behalf of the Opposite Party:
RW-1 : A. Madhava Pai, – Opposite party.
Documents produced on behalf of the Opposite Party:
Ex. R-1: Copy of the Revision petition No. 4159/2012
LIC Vs LIC Vs Ranganath,
Ex. R-2: Copy of the Revision petition No. 3438/2012
LIC Vs Neelamma.
Ex. R-3: Copy of the LIC Vs Jaya Chandel.
Ex. R-4: Copy of the
Dated: 31.03.2016. PRESIDENT
31.03.2016.
ORDER
The complaint is dismissed. No order as to costs.
Copy of this order as per statutory requirements, be forward to the parties and file shall be consigned to record room.
(Page No.1 to dictated to the Stenographer typed by him, revised and pronounced in the open court on this the 31st day of MARCH 2016)
PRESIDENT MEMBER
(SMT. ASHA SHETTY) (SMT. LAVANYA M.RAI)
D.K. District Consumer Forum D.K. District Consumer Forum
Mangalore. Mangalore.
