BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM, JALANDHAR.
Complaint No.216 of 2016
Date of Instt. 16.05.2016
Date of Decision :24.06.2016
Kulwant Singh son of Piara Singh R/o Village and Post Office Partabpura, Patti Jogi, Tehsil Phillaur District Jalandhar.
..........Complainant
Versus
1.Life Insurance Corporation of India, through its Authorized Signatory, Central Office, 5th Bank, West Wing, Yogakshama PB No.19953, Jeewan Beema Marg, Nariman Point, Mumbai-400021.
2.Life Insurance Corporation of India, Branch Office, Nakodar, Tehsil & District Jalandhar through its Branch Manager.
.........Opposite parties
Complaint Under Section 12 of the Consumer Protection Act.
Before: S. Bhupinder Singh (President)
Mrs. Jyotsna Thatai (Member)
Sh.Parminder Sharma (Member)
Present: Sh.BS Chahal Adv., counsel for the complainant.
Order
Bhupinder Singh (President)
1. Complainant has filed the present complaint against the opposite parties (hereinafter called as OPs) under section 12 of the Consumer Protection Act with the averments that he purchased policy bearing No.130966230 in his name on 28.5.1994 with sum insured Rs.2 Lacs on payment of premium Rs.6480/-. The last premium was payable on 28.11.2013. The policy was to mature on 28.5.2014. Complainant deposited some of the premiums but later on due to financial crisis, he could not continue to deposit the premium. Complainant submitted that he approached the OPs to refund the amount deposited by complainant but the OPs have been dilly dallying the matter. Complainant served legal notice dated 9.3.2016 on the OPs to settle the claim of the complainant but the OP No.2 sent vague reply. Hence, this complaint.
2. Complainant alongwith complaint submitted a letter dated 30.11.1998 from LIC of India i.e. OP whereby the OP informed the complainant that his policy bearing No.130966230 was under lapsed condition due to non payment of premium due from 11/1996. OP gave offer to the complainant for revival of the aforesaid policy on payment of Rs.35,733.90/-. Complainant also filed copy of insurance policy cover note of 1994 and legal notice issued by complainant through counsel to the OPs dated 9.3.2016 and reply received from OPs dated NIL vide which the OPs replied to the complainant that the policy of the complainant had already lapsed without acquiring paid up value; and the status report of the policy in question. No other documents has been produced by the complainant with the complaint.
3. We have heard the counsel for the complainant on the question of limitation to file the present complaint and have minutely gone through averments of the complaint and documents produced by the complainant.
4. As per documents produced by complainant himself, he purchased LIC policy bearing No.130966230 in his name with sum insured Rs.2 Lacs. The premium payable was Rs.6480/- half yearly. The policy was to mature on 28.5.2014 and last premium was payable on 28.11.2013. Complainant did not pay even the premium for three years i.e. six premiums and the policy lapsed for non payment of premium due from 11/1996 and this fact is clear from the document produced by the complainant himself i.e. letter written by OP No.2 to the complainant dated 30.11.1998 in which the OP has categorically stated to the complainant that his policy was under lapsed condition due to non payment of premium due from 11/1996 and the complainant was given offer with rebate of 30% of the total interest payable and the complainant was requested to get the policy revived on payment of Rs.35,733.90/- by 28.1.1999 but the complainant neither deposited this amount with OP nor made any effort to get the policy revived. So, cause of action accrued to the complainant in 11/1996 and then on receipt of this letter dated 30.11.1998, thereby, the OP has categorically told to the complainant that his policy was in lapsed condition due to non payment of premium due from 11/1996 and complainant was given offer to get the policy revived on payment of Rs.35,733.90/- upto 28.1.1999. Thereafter, complainant never made any effort to get the policy revived from OP nor paid any further premium i.e. after 11/1996. Complainant kept mum for about 20 years and he issued legal notice in this regard to the OPs dated 9.3.2016 i.e. after lapse of a period of about 20 years. The OP submitted reply to the counsel for the complainant that the policy in question had already lapsed without acquiring paid up value and as per policy terms conditions, nothing is payable because at least three yearly premiums had to be paid to acquire paid up value which is not done by the complainant in the aforesaid policy. So, the cause of action accrued to the complainant to file complaint was two years from the date of policy lapsed due to non payment of premium due from 11/1996 or at the most from the letter issued by OP dated 30.11.1998 vide which OP requested the complainant that if the complainant so desires, he could get the policy revived on payment of Rs.35,468/- by 28.12.1998 or Rs.35,733.90/- by 28.1.1999 but the complainant even then neither deposited the aforesaid amount by 28.1.1999 nor made any efforts to get the policy revived. Consumer complaint could be filed within period of two years from the date of cause of action accrued to the complainant and that cause of action accrued to the complainant in 11/1996 and later on, on 30.11.1998 but present complaint has been filed by the complainant on 15.6.2016 i.e. after lapse a period of about 18/20 years. Merely by serving legal notice on the OPs and by getting reply from the OP, the cause of action does not revive. So, this Forum is firm view that complaint is hopeless barred by limitation. Complainant has not filed any application for condonation of delay nor could put forward any explanation for condonation of delay of 18 to 20 years in filing the present complaint.
5. Resultantly, we hold that complaint is hopeless barred by limitation and same is hereby dismissed. Copy of the order be sent to the complainant free of costs under rules. File be consigned to the record room.
Dated Parminder Sharma Jyotsna Thatai Bhupinder Singh
24.06.2016 Member Member President
