BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 150 of 2015 Date of Institution : 1.9.2015 Date of Decision : 30.1.2017.
- Shamsher Singh aged 44 years son of Babu Singh,
- Navneet, aged about 18 years son of Shamsher Singh, through his attorney Shamsher Singh;
- Rajender Kaur, aged 20 years daughter of Shri Shamsher Singh and Jasvir Kaur
All residents of village Sikanderpur, Tehsil and District Sirsa.
- Balwinder Kaur, aged about 22 years daughter of Shri Shamsher Singh and Jasvir Kaur (wife of Saravjit Singh), resident of VPO Rani Majra, Tehsil Kharer, District Mohali (Punjab).
….Complainant.
Versus.
- Life Insurance Corporation of India, Old Civil Hospital Road, Sirsa, through its Manager.
- Life Insurance Corporation of India, Division Office, Rohtak, through its Divisional Manager.
- Kaka Singh son of Shri Partap Singh, posted as Post Man, Post Office, village Sikanderpur, District Sirsa (Agent of L.I.C.), resident of village Sikanderpur, Tehsil and District Sirsa.
….Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SHRI S.B.LOHIA…………………PRESIDENT
SHRI RANBIR SINGH PANGHAL……MEMBER.
Present: Sh. K.S. Mehra, Advocate for the complainant.
Sh. O.P.Sihag, Advocate for opposite parties No.1 &2.
Opposite party no.3 exparte.
ORDER
The case of the complainants in brief is that on 25.5.2011, Jasvir Kaur wife of Shamsher Singh had purchased one Jeevan Sathi insurance policy in her name bearing No.178984331 for a sum assured of Rs.14,00,000/- and premium of policy was Rs.23,362/- and the period of policy was for 25 years w.e.f. 28.8.2011 to 28.8.2036. She deposited the installments regularly. The op no.3 was receiving installments but some time he used to give some receipts and some receipts were not given. The amount of premium of Rs.23,362/- was paid to ops on 6.8.2012 in cash as is clear from reference No.PS/319 dated 25.8.2014 supplied by LIC. It is further averred that in the month of August, 2012 i.e on 4.8.2012 a sum of Rs.61,570/- was also deposited under policy No.178980157 and 178984331 and 178756359 through cheque No.053751 dated 4.8.2012 of State Bank of India, Sikanderpur, District Sirsa. As above on 6.8.2012 installment was duly paid by Jasvir Kaur to op no.3 but he has not issued the receipt of the same and said amount has been entered in the record of ops. Now, it has come to know that above said installment has not been deposited by him to the Nigam. Due to this reason, Shamsher Singh moved an application to S.P. Sirsa and other higher authorites but till date no action has been taken. As per policy after the death of insured, entire insurance amount alongwith interest, royalty and bonus was to be paid to the legal heirs of deceased. It is further averred that unfortunately on 9.10.2012 Jasvir Kaur died at village Bhagwanput, District Ropar (Punjab) and after her death, the complainant submitted their claim with all relevant documents to the ops but to no effect. Inspite of repeated requests and demands, the ops are not ready to pay the above said amount to the complainants. The amounts of the other two policies were returned/ refunded to her husband by ops but they have not released the claim amount of present policy despite their repeated requests and have finally refused to admit their claim. Earlier they filed an application before Permanent Lok Adalat, Sirsa which was later on dismissed as withdrawn vide order dated 6.8.2015 with permission o file afresh in the competent court of law. Hence, this complaint.
2. On notice, ops No.1 &2 appeared and filed written version wherein factum of insurance of Jasvir Kaur vide above said policy has been admitted. However, it is denied that some of the receipts regarding payment of installment of the premium were not paid by op no.3 as alleged. If the op no.3 has committed any criminal act by misusing or usurping the amount of premium, the op no.3 is liable to be prosecuted as per law. The ops No. 1 & 2 are not liable and responsible for the criminal acts and omissions, if any committed by op no.3. At the time of her death, the aforesaid policy was in a lapsed condition. The premium due on 28.8.2012 was not paid during the grace period, therefore, the policy stands lapsed, as per terms and conditions of policy. Therefore, nothing is payable under this policy. Therefore, the present case of complainants is also not applicable for claim concession. No premium was paid after 6.8.2012 which was due for the month of 5/2012. Remaining contents of the complaint have also been denied.
3. Op no.3 appeared and filed written statement submitting therein that Jasvir Kaur had purchased an insurance policy through him but she started to deposit installments by herself with ops. The answering op never received any installment from her. All the remaining contents of complaint have also been denied.
4. The complainant Shamsher Singh has tendered his affidavit Ex.CW1/A and documents Ex.C1 to Ex.C13. On the other hand, ops tendered affidavit Ex.RW1 and documents Ex.RW2 to Ex.RW16. The op no.3 availed various opportunities for his evidence including last opportunity but did not produce any document rather opted to be proceeded against exparte on 12.1.2017.
5. At the time of arguments, learned counsel for the opposite parties No.1 & 2 has also placed on file status report of policy in question.
6. We have heard learned counsel for the parties and have perused the case file carefully.
7. It has come on record that the premium for the policy in question No.178984331 obtained by Jasvir Kaur wife of complainant no.1 and mother of complainants No.2 to 4 which was due on 28.5.2012 was paid on 6.8.2012 i.e. after grace period with late fee of Rs.369.80/- and next premium due on 28.8.2012 was not paid even within grace period of one month and therefore, the policy was in lapsed condition. On the date of death of life assured i.e. on 9.10.2012, the policy was in lapsed condition and was not got revived during the life time of life assured. From the copy of cheque dated 4.8.2012 Ex.C6, it is evident that Shamsher Singh husband of Jasvir Kaur himself deposited the amount of Rs.61,570/- with the LIC of India as premium of present policy which was due on 28.5.2012 with premiums of two other policies. As the policy was in lapsed condition, therefore, the complainants are not entitled for the death claim of Smt. Jasvir Kaur. The allegations of complainants against opposite party no.3 are of criminal nature which has yet to be proved in competent court as per law and for mere allegations of complainants against op no.3, the ops No.1 & 2 cannot be asked to pay any claim to the complainants for a lapsed policy. In these circumstances, we find no merit in the present complaint and same is hereby dismissed but with no order as to costs. A copy of this order be supplied to the parties as per rules. File be consigned to the record room after due compliance.
Announced in open Forum. President,
Dated: 30.1.2017. Member District Consumer Disputes
Redressal Forum, Sirsa.
