District Consumer Disputes Redressal Commission ,Faridabad.

Consumer Complaint  No.427/2019.

 Date of Institution: 02.09.2019

Date of Order: 13.07.2022.

Puran Singh s/o Shri Radhey Shyam  R/o Ram Nagar Colony Opposite Sector-12, Mathura Road, Faridabad, presently residing at House No. 70, Gali No.1, Near K.R,School, Rao colony Ballabgarh, Distt. Faridabad.

                                                                   …….Complainant……..

                                                Versus

1.                LIC of India, through its Divisional Manager, Jeevan Prakash 25 K.G.Marg, New Delhi.

2.                Branch Manager, LIC of India, Branch office 124 Bapu Sadan Sat Nagar, Karol Bagh, Guru Ravi Das Marg, New Delhi.

(Service of both the opposite parties may be effect through Branch Manager LIC of India, Branch Unit 12-J, Near State Bank of India Ballabgarh)

                                                                    …Opposite parties……

Complaint under section-12 of Consumer Protection Act, 1986

Now  amended  Section 34 of Consumer protection Act 2019.

BEFORE:            Amit Arora……………..President

Mukesh Sharma…………Member.

PRESENT:                    Sh.  J.P.Singla, counsel for the complainant.

                             Sh.  Arun Dua, counsel for opposite parties.

ORDER:  

                             The facts in brief of the complaint are that   a person of  the opposite  parties approached to the complainant at his residence and allured the complainant to purchase a policy of LIC of India and also assured the complainant to avail the good benefit on the policy sold by the opposite parties.  On the assurance of giving better services on behalf of the opposite parties the complainant obtained a joint policy Jeevan Saathi (89-25) bearing No. 111652187 for a period of 25 years, for a basic sum assured of Rs.1,00,000/- @ Rs.2174/- payable after every six months.  The complainant  paid the first premium of Rs.2174/- to the opposite parties and obtained the said policy from the opposite parties in favour of the complainant himself and in the name of his wife Smt. Kamlesh commenced form 28.08.1993 to 28.08.2018.  All of a sudden Smt.Kamlesh the joint policy holder i.e the wife of the complainant expired on 09.12.1993 and on account of her death as per terms and conditions of the policy, the premiums of the said policy were stopped to be paid to the opposite parties.  The complainant informed the opposite parties with regard to the death of his wife Smt. Kamlesh on 07.01.1994 and applied for the death claim of his wife on the said policy to the office of the opposite party No.2 and the complainant received the claim amount of the death of his wife.  As per the terms and conditions of the policy on the maturity of the said policy i.e. on or about 28.08.2018, the opposite parties were under the obligations and liable to pay again a basic sum assured plus vested bonus accrued thereupon, of 25 years to the complainant. The complainant submitted the requisite documents in the office of opposite party No.2 for taking maturity claim of the policy as per terms and condition of the policy for which opposite party No.2 did not issue any receipt but the opposite party No.2 on one pretext or the other had been avoiding to pay the maturity claim of the above said policy to the complainant while the complainant had visited and requested so many times to the office of opposite parties Nos.1 & 2 but every time the opposite parties were avoiding to pay maturity claim of Rs.1,00,000/- plus vested bonus there upon to the complainant.  The complainant sent a legal notice dated 16.07.2019 to the opposite parties but all in vain. The aforesaid act of opposite party amounts to deficiency of service and hence the complaint.  The complainant has prayed for directions to the opposite party to:

a)                 pay the basic sum assured as a maturity claim of Rs.1,00,000/- plus vested bonus there upon alongwith interest @ 18% p.a. from the date of its maturity till its realization.

b)                 pay Rs.30,000/- as compensation for causing mental agony and harassment .

c)                 pay Rs.22,000/ - as litigation expenses .

2.                Opposite parties  put in appearance through counsel and filed written statement wherein Opposite parties refuted claim of the complainant and submitted that  the complainant obtained a Life Insurance Policy (Jeevan Sathi) from the opposite party  corporation bearing No. 111652187 for sum assured of Rs.1,00,000/- for 25 years and half yearly premium of Rs.2174/- was payable  under  the said policy.  The said policy was on the lives of the complainant and his wife Ms. Kamlesh.  Mrs. Kamlesh W/o Mr. Puran Singh had since expired on 09.12.2013.  The complainant informed the opposite party corporation regarding  the death of his wife Mrs. Kamlesh and submitted death claim of his wife.

                   As per the policy’s terms and conditions basic sum assured plus vested bonuses was payable to on the maturity of the policy i.e. on 28.8.2018, had the death claim on first life been paid before the maturity of the policy.  However, the policy holder/complainant was not in possession of any sort of proof of payment such as credit of claim amount in his bank account/forwarding letter of settlement of claim/policy bond which could had proven payment of death claim beyond reasonable doubt.  The maturity claim was payable to the surviving partner/spouse only and only if the death claim on first life was paid.  Opposite parties denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.

3.                The parties led evidence in support of their respective versions.

4.                 We have heard learned counsel for the parties and have gone through the record on the file.

5.                In this case the complaint was filed by the complainant against opposite parties – LIC. with the prayer to : a)   a)            pay the basic sum assured as a maturity claim of Rs.1,00,000/- plus vested bonus there upon alongwith interest @ 18% p.a. from the date of its maturity till its realization. b) pay Rs.30,000/- as compensation for causing mental agony and harassment . c)  pay Rs.22,000/ - as litigation expenses .

                   To establish his case the complainant has led in his evidence Ex.CW1/A – affidavit of affidavit  of Shri Puran Singh, Ex.C-2 – receipt , Ex.C-3 – affidavit of Puran Singh,  Ex.C-4  - letter dated 15.01.1994, Ex. C Form No. 3510 (Revised), Ex.C6 – Querry Form, Ex.C-7 –F.No. 3815(Rev.), Ex.C-8 –receipt dated 7.7.2014, Ex.C-9 –  e-Stamp paper, Ex.C-10 – Details of Puran Singh & Smt. Kamlesh, Ex,C-11 – legal notice, Ex.C-12 & 13 – postal receipt,, Ex.C-14 – Death certificate issued by Gram Panchyat Dhavali,

                   On the other hand counsel for the opposite party strongly agitated and opposed. As per the evidence of the opposite party, Ex.RW1/A – affidavit of Shri Ajay Tyagi, manager (Legal), LIC of India, New Delhi,

6.                As per dictum of Section 24-A of Consumer Protection Act 1986, the District Commission is empowered to admit a complaint within two years from the date on which the cause of action has arisen.   The present complaint is time barred under Limitation Act as the  death of Mrs. Kamlesh is on 09.12.2013 and the present complaint has been instituted in the year 2019 after a period of 6 years.

7.                Resultantly, the complaint is dismissed being time barred. Copy of this order be given to the parties free of costs and file be consigned to the record room.

Announced on:  13.07.2022.                                         (Amit Arora)

                                                                                  President

                     District Consumer Disputes

           Redressal  Commission, Faridabad.

                                                (Mukesh Sharma)

                Member

          District Consumer Disputes

                                                                    Redressal Commission, Faridabad.