BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.
CONSUMER COMPLAINT NO.297 of 2014
DATE OF INSTITUTION: - 21.10.2014
DATE OF ORDER: -18.07.2016
Smt. Krishna Devi widow of Shri Ishwar Singh, resident of village Dighawa Shamiyan, Tehsil Loharu, District Bhiwani.
……………Complainant.
VERSUS
The Branch Manager, Life Insurance Company Limited, Bhiwani.
………….. Opposite Party.
COMPLAINT U/S 12 & 13 OF CONSUMER PROECTION ACT
BEFORE :- Shri Rajesh Jindal, President
Ms. Anamika Gupta, Member
Mrs. Sudesh, Member
Present: - Shri Rajesh Punia, Advocate for complainant.
Shri Sanesh Chaudhary, Advocate, for the OP.
ORDER:-
Rajesh Jindal, President:
The case of the complainant in brief, is that her husband Ishwar Singh (now deceased) had obtained insurance policy in his name covering the risk for a sum of Rs.1,00000/- from opposite party and paying the yearly installments of Rs. 9,377/- It is alleged that the policy holder deposited the installments of premium regularly for about 9 years and thereafter he became ill and could not deposit the last three installments of premium due to paucity of funds and illness and ultimately he died on 22.03.2014. The complainant was nominated as nominee in the above said policy and applied for payment of the claim in respect of the policy held by her husband. It is alleged that she visited many times to the office of the opposite party regarding this policy claim but the OP had not paid the full maturity amount and other benefits. The complainant further alleged that due to the act and conduct of the respondent, he had to suffer mental agony, physical harassment and financial losses. Hence, it amounts to deficiency in service on the part of respondent and as such she had to file the present complaint.
2. On appearance, OP filed written statement and took preliminary objections and denied the allegations of the complainant. It is submitted that Ishwar Singh paid the installment till March 2011 and FUP is 03/2012 as per the complaint he died on 22.03.2014. It is submitted that as on the date of death policy was in lapse condition because the premium due on 03/2012 was not paid within period of grace. It is submitted that as per rule paid up value of Rs. 50,300/- was paid to the complainant through NEFT dated 09.08.2014. It is submitted that the insured was paid survival benefit of Rs. 25000/- due on 03/2007 vide cheque no. 0393349 dated 04.06.2007 and Rs. 25000/- due on 03/2011 was paid vide cheque no. 0485590 dated 24.03.2011. Hence, in view of the facts and circumstances mentioned above, there is no deficiency in service on the part of OP and complaint of the complainant is liable to be dismissed with costs.
3. In order to make out his case, the complainant has tendered into evidence documents Annexure C-1 to Annexure C-12 alongwith supporting affidavit.
4. In reply thereto, the counsel for OP has tendered into evidence Annexure R1 to Annexure R-3.
5. We have gone through the record of the case carefully and have heard the learned counsels for the parties.
6. Learned counsel for the complainant reiterated the contents of the complaint. He submitted that due to the illness the life assured Ishwar Singh could not deposit further premium after March 2011 and he died on 22.03.2014. The counsel for the complainant submitted that the excuse be given for not depositing the premium of the policy due to the illness by the life assured. He contended that an amount of Rs. 50300/- has been paid by the Ops and the Ops are liable to pay the insured amount in full.
7. Learned counsel for the opposite party reiterated the contents of his reply. He submitted that the premium was paid by the life assured upto March 2011. The life assured failed to pay the due premiums within the grace period and he died on 22.03.2014, at that time the policy in question was lying in lapse condition because the premium due on March 2012 was not paid within the grace period. As per the policy conditions a sum of Rs. 50300/- has been paid to the complainant on 09.08.2014. The survival benefits of Rs. 25,000/- was paid on March 2007 and another Rs. 25,000/- was paid on March 2011. Therefore, nothing is due to the complainant.
8. In the context of the pleadings and arguments of the parties, we have examined the relevant material on record. It is admitted case that no premium has been paid by the life assured which was due on March 2012, and he died on 22.03.2014 when the policy was lying in lapse condition and paid up a value of Rs. 50300/- has been paid by the OP to the complainant. The counsel for the complainant submitted that the life assured could not pay the premium due on March 2012 and subsequent premiums, due to his illness and requested for the payment of the insured amount on this ground. The counsel for the complainant could not bring to our notice any material in support of his contention that non-payment of premium due to illness is a valid ground. Considering the facts of the case, at the time of the death of the life assured on 22.03.2014 the policy in question was lying in lapse condition due to the non-payment of the premium since March 2012. The paid up value of Rs. 50300/- has already been paid by the Ops to the complainant. The complaint of the complainant is devoid of merits and the same is hereby dismissed with no order as to costs. Certified copies of the order be sent to the parties free of costs. File be consigned to the record room, after due compliance.
Announced in open Forum.
Dated: 18-07-2016.
(Rajesh Jindal)
President,
District Consumer Disputes
Redressal Forum, Bhiwani.
(Anamika Gupta) (Sudesh)
Member. Member.
