Haryana

Fatehabad

CC/208/2019

Subhash Chander - Complainant(s)

Versus

Life Insurance Corporation - Opp.Party(s)

N.S Malik

13 Apr 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM; FATEHABAD.

                              Sh. Rajbir Singh, President.                                                 Smt.Harisha Mehta and Sh.K.S.Nirania, Members

 

                                                          Complaint case No.208 of 2019.                                                       Date of Instt.: 27.05.2019.                                                                 Date of Decision: 13.04.2023.

Subhash Chander son of Ladhu Ram resident of House No.63, Ward No.12, Sunder Nagar, Fatehabad Tehsil & District Fatehabad.

                                                                             ..Complainant.                                   Versus

1. Life Insurance Corporation of India, Branch Sector -3 HUDA, Fatehabad Tehsil & District Fatehabda through its Branch Manager.

 

2.  Life Insurance Corporation of India, Divisional Office SCO No.3, 4 & 5 Sector-1, HUDA Rohtak District Rohtak through its Senior Divisional Manager.

 

                                                                   ..Opposite Parties.

          Complaint U/S 12 of the CP Act,1986              

Present:                  Sh. N.S.Malik, Advocate for complainant.                                                  Sh. S.K.Dharnia, Advocate for Ops.                 

ORDER

Sh.Rajbir Singh, President

 

                              Briefly stated the facts of the present complaint are that complainant had deposited an amount of Rs.10,00,000/- with Ops vide policy No.504821878 and the date of commencement was 23.10.2017 having annuity amount of Rs.5583/-; that prior to issuance of policy, the complainant was thoroughly medico legally examined;  that the complainant was getting monthly pension under the said policy; that the complainant is suffering from tuberculosis disease and is getting treatment from Sir Ganga Ram Hospital, New Delhi; that the complainant is in need of money for the said treatment, therefore, he approached the Ops and requested for making the payment of surrender value but the Ops refused to do so. The act and conduct of the Ops clearly amounts to deficiency in service on their part. In evidence, the complainant has tendered affidavit Annexure CW1/A and documents Annexure C1 to Annexure C19.

2.                On notice, OPs appeared and resisted the claim of the complainant by filing joint reply taking several preliminary objections such as maintainability, locus standi, concealment of material facts and cause of action etc.; that on merits, it was submitted, inter-alia, that the complainant had obtained insurance policy under plan and term 189/00/01 on payment of single premium  under non medical scheme and this policy can be surrendered only as per the provisions mentioned in circular No.CO/PD/87/ dated 22.10.2016 if the annuitant is suffering from any of the 21 critical illness mentioned in the circular after completion of one year from the date of commencement of policy; that there is no deficiency in service and unfair trade practice on the part of Ops. Prayer for dismissal of the complaint has been made. In evidence, the Ops have tendered affidavit of Sh.Rajender Singh, Manager (Legal) as Annexure R1 alongwith documents  Annexure R2 and Annexure R3.

4.                          We have heard learned counsels for the parties and perused the case file minutely.

5.                          Learned counsel for the complainant has argued that the complainant is suffering from tuberculosis and is taking treatment from Sir Ganga Ram Hospital, New Delhi (Annexure C6 to Annexure C15) and now he is in need of money, therefore, the complainant approached the Ops for making the payment of surrender value of the policy (Annexure C1) but the Ops refused to do so.

6.                          Per contra, it has been argued by learned counsel for the Ops that the complainant is allegedly suffering from tuberculosis and for this disease he is getting treatment from Sir Ganga Ram Hospital but this disease is not covered under the schedule made for making the payment on surrendering the policy, therefore, the complainant is not entitled for any payment of surrender value. In support of this plea, learned counsel for the Ops drew the attention of this Commission towards the page No.4 of Annexure R3 i.e. circular dated 22.10.2016.

7.                          Perusal of Annexure R3 reveals that number or diseases are mentioned from Sr. No. (a) to Sr. No.(u) in the circular dated  22.10.2016 but the disease tuberculosis is not mentioned in this list.  It is not the case of the complainant that he has never intimated or supplied with the terms and conditions of the policy, therefore, we have no hitch to reach at the conclusion that the Ops are well justified in denying the surrender value to the complainant on account of tuberculosis disease keeping in view the above said terms and conditions of the insurance policy in question which not only fully applicable in this case but also sustainable in the eyes of law.   

8.                          In view of the above mentioned reasons/discussions, we do not find any merits in this complaint, as the complainant has not been able to prove any deficiency in service and unfair trade practice on the part of Ops, therefore, the present complaint is hereby dismissed.  In the given facts and circumstances of this case, parties are left to bear their own costs. Copy of this order be supplied to the parties concerned, free of cost, as per rules, and thereafter, the case file be consigned to record room, as per rules, after necessary compliance. This order be also uploaded forthwith on website of this Commission, as per rules, for perusal of parties herein.

          

Announced in open Commission.                                                            Dated: 13.04.2023

 

                                                                                                        

          (K.S.Nirania)                 (Harisha Mehta)                 (Rajbir Singh)                        Member                                 Member                              President