District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No. 295/2021.
Date of Institution:22.06.2021.
Date of Order:18.07.2023.
Gurdeep Singh son of Shri Balwant Singh resident of House No.1193, Sector-15, Faridabad, District Faridabad. Aadhar card No. 658925877375.
…….Complainant……..
Versus
1. Life Insurance Corporation of India, Delhi Divisional Office – II, 9th floor, North Tower, Scope Minar, Laxmi Nagar, Delhi through its Manager/Principal Officer.
2. Life Insurance Corporation of India, Branch Unit 11 U, Mathura Road, Sector-11, Faridabad, District Faridabad through its Branch Manager.
……Opposite parties…….
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
Indira Bhadana………….Member.
PRESENT: Sh. Umesh Gautam, counsel for the complainant.
Sh. Deepak Mangla, AAO alongwith P.K.Chauhan, counsel for opposite parties Nos.1 & 2.
ORDER:
The facts in brief of the complaint are that the complainant obtained life insurance policy from the opposite party in his own name vide
insurance policy bearing No. 120234113 table 112-25(16) through authorized agent of the opposite parties. The date of commencement of the said insurance policy was 20th February 1996 and the same was for an insured amount of Rs.5,00,000/- and which was to be matured on 20.02.2021. The last date of payment of last premium was 20.08.2011. The complainant was to pay to the opposite parties the premium amount of Rs.12,843/- half yearly. Accordingly, the complainant deposited with the above said premium amount continuously with the opposite parties from time to time and he had deposited with them a total amount of Rs.4,10,976/- upto 17.08.2011. The above said insurance policy became matured on 20.02.2021. Therefore, the opposite parties were to release the payment of amount of Rs.20,00,000/- approximately in the month of February 2021. Hence, the complainant approached the opposite parties to release the payment of maturity amount, but it was the opposite parties who had deposited the amount of Rs.10,65,625/- only on 20.02.2021, whereas they were to pay the total amount of Rs.20,00,000/- approximately to the complainant. The complainant approached several times to the opposite parties to release the payment of the balance amount, and for which the complainant made personal visits as well as wrote several letters on different dates, but it was the opposite parties who never gave any response to the complainant. However, the opposite party sent a letter through e-mail on 22.03.2021 to the complainant, alleging therein that last payment of premium amount had not been deposited by the complainant. Whereas , the true facts were that the complainant had deposited total amount of premium upto date with the opposite parties and there was nothing remained due as against the complainant. The complainant approached several times to the opposite parties to release the payment of the balance amount, but always the opposite parties avoided it on one pretext or the other. The aforesaid act of opposite parties
amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite parties to:
a) release the balance payment after due calculation alongwith interest @ 24% p.a. from the date of its due till realization of whole amount, immediately, on the basis of insurance policy bearing No. 120234113 table 112-25(16) (date of commencement 20th February 1996).
b) pay Rs. 5,00,000/- as compensation for causing mental agony and harassment .
c) pay Rs. 31,000 /-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 purchased the policy, Jeevan Shree Plan bearing No. 120234113 (herein after called as said policy) Table 112-25(16) through authorized agent of the opposite parties. It was further submitted that as per the said “Jeevan Shree Plan” policy holder had to comply with the terms of the plan, which was not full fill by the complainant. It was submitted that the said plan was for 20 years in which the premium had to pay till 16 years but in this case premium was not paid by the complainant for complete 16 years complainant made payment only for 15.5 years. If the premiums payable was Rs.19,87,500/-. Hence opposite parties release paid up value plus guaranteed addition to the complainant when the said policy got matured as per the plan of Jeevan Shree Plan. It was further submitted that at the time of maturity of the said policy, opposite parties release the amount as per the plan of table 112 and there was no concealment of any facts. It was further submitted that for the benefits of the Jeevan Shree Plan complainant had to deposit all premiums on time but he didn’t so he was suffering and not understanding his own fault and trying to mislead this Hon’ble Forum. It was
further submitted that the last premium was not paid by the complainant on the given time which was fell due on 20.08.2011 and further complainant through cheque dated 05.08.2011 made payment, which was adjusted with premium due on 20.2.0211 (Annexure A1 (colly). 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–Life Insurance Corporation & Anr. with the prayer to: a) release the balance payment after due calculation alongwith interest @ 24% p.a. from the date of its due till realization of whole amount, immediately, on the basis of insurance policy bearing No. 120234113 table 112-25(16) (date of commencement 20th February 1996). b) pay Rs. 5,00,000/- as compensation for causing mental agony and harassment. c) pay Rs. 31,000 /-as litigation expenses.
To establish his case the complainant has led in his evidence, Ex.CW-1/A – affidavit of Gurdeep Singh, Ex.C1 – insurance policy, Ex.C2 – letter written by the Gurdeep Singh to LIC which was received duly stamp on 22.2.2021, Ex.C-3 – letter written by Gurdeep Singh to LIC of India, Ex.C-4 to C6 account statement, Ex.C7 – email dated 20.3.2021, Ex.C-8 email , Ex.C-12 - letter dated 25.02.201, Ex.C-13 – letter written by LIC to the complainant (in which it has been stated that you have paid the premium in the month of August 2011 but this deposit premium pertains to Feb. 2011 , Ex.C-9 – certificate regarding transactions
have been executed from the said bank, Ex.C-10 - statement, Ex.C-11 - photocopy of cheque dated 10.08.2011 of Rs.12,843/- , email dated 31.03.2022, Certificate issued by Kotak Mahindra Bank, Account statement of Kotak Mahindra Bank.
On the other hand counsel for the opposite parties strongly agitated and opposed. As per the evidence of the opposite parties Ex.R/A – affidavit of AjayTyagi, Manager (Legal HPF) Life Insurance Corporation of India, r/o Delhi Divisional Office-1, 25 K.G Marg, New Delhi, Ex.R-1/2 - policy bond, Ex.R-1/3 –Status report of policy, account statement,
6. The main issue of the complaint is that the complainant has not paid the last installment of premium of August 2011 to LIC. The reason for repudiation is that the full amount was not paid by the complainant so that the opposite party will not process the claim of the complainant with the full amount. On the other hand, counsel for the complainant has led in his evidence Ex.C3 in which he has explained the mode of payment given by him through his A/c No. 02862980000062 in the name of A.G.Pipes on 17.08.2011 and the cheque was issued on 10.7.2011. To prove his case, the complainant has exhibited the statement of account of Kotak Mahindra Bank and the certificate issued by the Kotak Mahindra Bank in the favour of the complainant . On the other, counsel for the opposite party has failed to establish their case, they have exhibited R-1/1 & R-1/2 that the due date of installment in August 2011.
7. After going through the evidence led by the complainant as well as the opposite parties, the complaint is allowed. Opposite parties are directed to pay the full amount to the complainant and process the claim of the complainant and pay the balance amount of his claim alongwith interest @ 9% p.a. from the date of claim till its realization. Opposite parties are also directed to pay Rs.11,000/- as
compensation for causing mental agony & harassment alognwith Rs.11,000/- as litigation expenses to the complainant. Compliance of this order be made within 30 days from the date of receipt of copy of this order. Copy of this order be sent to the parties concerned free of costs. File be consigned to the record room.
Announced on: 18.07.2023 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
