Delhi

East Delhi

CC/217/2016

SUMIT - Complainant(s)

Versus

LIC of India - Opp.Party(s)

11 Feb 2019

ORDER

            DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT of Delhi

              CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092  

 

                                                                                                   Consumer complaint no.-     217/2016

                                                                                                   Date of Institution              30/05/2016

                                                                                                   Order reserved on              11/02/2019        

                                                                                                   Date of Order                      12/02/2019                                                                                   

In matter of

Mr. Sumit Gupta  

S/o Sh Laxmi Narain Gupta

R/o  HN  C 130, 2^nd Floor Jhilmil Colony

Nr Vivek Vihar PS, Delhi 110095…………………………...Complainant

 

                                                                    Vs

1- The Zonal Manager,

LIC of India, Jeevan Bharti Tower II, 

124, Connaught Circus,

New Delhi 110001

 

2-The Sr. Manager,

LIC of India, New Asiatic Building  

H 39 , Connaught Circus,

New Delhi 110001

 

3- The Sr. Manager,

DO –II, LIC of India,

Jeevan Pragati, District Center ,

Plot no. 6, Scope Minar Complex,

Laxmi Nagar Delhi 92…………………………………………….Opponents  

 

Complainant                                   In Person    

Opponent  Advocate                     Mr Sanjeev Kumar Gupta

 

Quorum  Sh Sukhdev  Singh        President

                  Dr P N Tiwari                Member

                  Mrs Harpreet Kaur      Member                                                                                            

 

Order by Dr P N Tiwari  Member  

 

Brief

This complainant has been filed u/s 12 of C P Act, 1986 against OPs for alleged deficiency in their services for non paying premium amount under policy no. 1239110591.  

Facts of the case                                                                                                

Complainant purchased LIC policy no. 123910591 on 14/08/2008 under plan 133/25 up to 14/08/2033 for a sum insured Rs 50,000/-with yearly paying premium amount Rs 2599/. Complainant paid 6 years premium and total amount Rs 15600/ (Ex CW1/1 to 5) was paid, but could not continue further due to his personal problems, so preferred to surrender the policy. OP paid Rs 7518/-under the surrender value factor 24630 from 12L office of OP, but complainant was not satisfied so written number of reminders to OP for refunding balance amount (Ex CW1/6A to 6E) and gave last notice for refunding his total amount paid as Rs 15600/ as Rs 2600x6. Complainant received reply from OP dated 13/12/2013 not surrendering his policy as he would get 30% of his premium amount paid (Ex OPW1/1). Not satisfied with OP reply, filed this complaint and claimed balance of Rs 8076/- with bonus Rs 10189 with 12% and of compensation Rs 50,000/- as mental harassment and Rs 25,000/- as litigation fee.  

 

OP submitted their written statement denying all the allegations of the complainant and prayed for dismissal of complaint. OP submitted that complainant opted LIC policy vide no. 123910591 having 25 years tenure with yearly payment mode of premium of Rs 2599/-. Complainant wanted to surrender his policy after paying six premium, but OP adviced not to surrender this policy as only 30% return after leaving first premium would be paid, but complainant surrendered his policy. Under Guaranteed Surrender Value plan (Ex OP Anne. A), terms and  condition no. 7 in policy bond, paid a sum of Rs 7518/- including bonus which was paid directly in his bank account. Hence, there was no deficiency in their services and no less amount was paid. OP had also submitted Surrender Value Quotation (Ex OPW1/3) under policy terms in six paid premium with First Premium Receipt (Ex Anne.B).  

 

Complainant filed rejoinder to written statement and denied all the replies submitted by OP. It was stated that OP had intentionally not paid full bonus as per policy terms, but paid only 30% amount and also not considered first premium amount in calculating under Guaranteed Plan. Complainant also received reply of his RTI application where he asked about the percentage of amount paid by OP and how many such cases were on record.

It was stated that OP intentionally not considered his first premium amount in calculating surrender value. Complainant submitted evidences on his own affidavit where he stated on oath that all his evidences were true and correct and relied on Ex CW1/1 to 5 as premium paid receipts and all letters written to OP (Ex CW1/6A to E). All evidences were on record. Complainant prayed for full payment of his paid premium amount.   

 

OP1 submitted their evidences on affidavit through Ms Deepa Sinha, Manager L&HPF with OP and reaffirmed their evidences as OPW1/1 and OPW1/2 in reference of policy terms and correct surrender value was paid under Guaranteed Surrender Value plan. It was also submitted that complainant was advised in detail not surrendering policy (Ex OPW1/3). Despite of knowing surrender value, complaint was lodged. It was also submitted that the annual premiums was very less of Rs 2599/- for 25 years for sum insured amount Rs 50,000/-.         

Arguments were heard from both the parties. After perusal of material on record, order was reserved.

We have gone through all the facts and conditions of the said policy and it has been observed that OP have not done any deficiency in calculating under Guaranteed Surrender value. That being do, there is no evidence put by complainant either in policy terms or through RTI that could prove OP liable for any further payment. Hence, we are of the opinion that this complaint deserves to be dismissed so dismissed without any cost to order.  

Copy of this order be sent to the parties as per the Regulations and file be consigned to Record Room.

(Dr) P N Tiwari   Member                                                                        Mrs Harpreet Kaur  Member                                                                                       

                                      

                                                Shri  Sukhdev Singh - President