Chandigarh

DF-I

CC/243/2023

HARMANPREET SINGH KULARIA - Complainant(s)

Versus

LIFE INSURANCE CORPORATION OF INDIA THROUGH ITS MANAGING DIRECTOR THROUGH ITS BRANCH MANAGER - Opp.Party(s)

NARESH KUMAR

14 Nov 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/243/2023
Date of Institution	:	4/5/2023
Date of Decision	:	14/11/2024

 

Harmanpreet Singh Kularia aged about 22 years S/o Late Sh. Paira Singh Kularia @ Payara Singh Kularia being real and natural son, Resident of House No. 5065, Cat-III, Modern Housing Complex, Manimajra, Chandigarh, U.T.

.. Complainant

 

Versus

 

1. Life Insurance Corporation of India (LIC), Unit -II, Jeevan Parkash Building, 2nd Floor, Sector 17-B, Chandigarh (UT).-160017, through its MD and through Branch Manager

2. Life Insurance Corporation of India (LIC), Jeevan Parkash Building, Model town Road, Jalandhar, (Pb) 144 001 through its  Managing Director and through Branch Manager

..Opposite parties

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURJEET KAUR SURESH KUMAR SARDANA	MEMBER MEMBER

                       

ARGUED BY	:	Sh. Nand Lal Thakur, Advocate for complainant.
	:	Sh. Rajeev Sharma, Advocate for OPs.

Per surjeet kaur, Member

     Briefly stated complainant has taken Life Insurance Policy with its maturity date 26-11-2025 with half yearly premium  of Rs.1,14,701.00  with Sum Assured for Rs.25,00,000.00. The insured has paid four installments of half yearly premium from date of commencement of the said policy i.e. 26-05-2010 to Nov, 2011 i.e. total premium amount of Rs.4,56,284.00 The insured Piara Singh Kularia died on 22-06-2014 due to suffering from various physical ailments i.e. Severe Coronary Artery Atherosclerosis, Chronic Kidney Disease, Hypertension, Hypercholesterolemia etc., and other diseases till his death due to which balance of installments of half yearly premium left unpaid. After the said demise of insured Late Sh. Piara Singh Kularia, the Complainant being son of the insured was nominee in the said Life Insurance Policy by late Sh. Piara Singh Kularia to claim over Insurance Policy amount. The complainant filed  insurance claim with OP but all his efforts went in vain as the OP did not pay any heed to his claims. Thus, the complainant served legal notice  upon the OPs but to no avail. Alleging the aforesaid act of Opposite Parties deficiency in service and unfair trade practice on their part, this complaint has been filed.

2. The Opposite Parties  in their reply stated that the present complaint is liable to be dismissed being barred by law of limitation as the cause of action has arisen in favour of the complainant and against the OPs on the death of assured person i.e. on 22.06.2014 and the policy was lapsed on the date of death of policy holder and the complainant has come to this Commission after 8 years. The father of the complainant had purchased a policy bearing No.133029204 and date of commencement of policy is 26.05.2010 under plan 149/44/16 and sum assured for the policy was Rs.25,00,000/- by paying premium Rs.1,14,701/- payable in half yearly mode and the status of the policy at the time of death of the father of the complainant was lapsed due to non receipt of premium after 26.05.2012. It is admitted that the complainant was nominee in the above said policy. It is averred that since at the time of death of the father of the complainant, the policy was lapsed due to non payment of premium from 26.5.2012 and as per policy contract a death claim can be entertained only if the policy is in force condition on the date of death of insured.  Hence, the policy was not in existence at the time of death of the insured and as such the complaint is not maintainable.  All other allegations made in the complaint has been  denied being wrong.
3. Rejoinder was filed and averments made in the consumer complaint were reiterated.
4. Contesting parties led evidence by way of affidavits and documents.
5. We have heard the learned counsel for the contesting parties and gone through the record of the case.
6. It is evident from Annexure C-3 the copy of policy that  that the insured i.e. the deceased father of the complainant  was insured w.e.f. 26.5.2010 to 26.11.2025  with a sum insured to the tune of Rs.25,00,000/- and the installment of premium payable was to the tune of Rs.1,14,701/-. The complainant who is nominee of the insured who died  in 2014, filed the instant complaint with the prayer of  release of the  full claim amount to the tune of Rs.25,00,000/-.
7. Admittedly, the policy in question was not in force at the time of the death of the father of the complainant i.e. the insured  and undoubtedly, four half yearly installments of premium were paid but after that due to ill health,  the policy holder i.e. the father of the complainant could not pay the further premium and after 26.5.2012 the policy  was lapsed due to non receipt of the premium as per terms and conditions of the policy in question.
2. Pertinently, the insured the father of the complainant expired on 22.6.2014 after the lapse of the policy in question and instant complaint has been filed by the complainant in the year 2023 i.e. after lapse of 8-9 years.  As per Consumer Protection Act the complaint needs to be filed within 2 years from  the date of cause of action arisen.  In the instant case if it is presumed that the cause of action has arisen to the complainant after the death of his father in 2014 he should have approached this Commission within 2 years from 2014 i.e. in 2016 but the instant complaint has been filed in the year 2023 i.e. far beyond the stipulated period. Section 69(1) of the Consumer Protection Act, 2019 reads as under:-
   • ^{69(1).Limitation period. –}

^{(1)     The District Forum, the State Commis­sion or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen.”}

 

3.  Therefore, in view of the above Section of the Consumer Protection Act, the present complaint is clearly barred by limitation, hence not maintainable. The same is accordingly dismissed with no order as to costs.
4. In view of the aforesaid discussion, the present consumer complaint, being barred by time, is hereby dismissed leaving the parties to bear their own costs.
5. Pending miscellaneous application(s), if any, also stands disposed off.
6.      Certified copies of this order be sent to the parties free of charge. The file be consigned.

			[Pawanjit Singh]
			President
			[Surjeet Kaur] Member
14/11/2024			[Suresh Kumar Sardana]
mp			Member