Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 288
Instituted on : 13.06.2019.
Decided on : 12.03.2024.
- Joravar Singh s/o Sh. Masta Ram.
- Smt. Kavita Devi w/o Joravar Singh.
- Savin s/o Joravar Singh, Rs/o V.P.O.Makroli Khurd, Tehsil and District Rohtak, Haryana.
………..Complainants.
Vs.
- Manager, ‘SUD Life’ Star Union Dai-ichi Life Insurance Company, 11th Floor, Raghuleela Arcade, IT Park, Sector 30 A, Opp. Vashi Rly. Stn. Vashi, Navi Mumbai-400703.
- Union Bank of India, Main Branch, Jhajjar Road, Rohtak.
- Regional Office of ‘SUD Life’ UNION Bank of IOndia, Main Branch, Jhajjar Road, Rohtak & Names of agents of Star Union Dai-ichi Life Insurance Company below as under:
a) Akhil, b) Makkad, c) Amit, d) Sanjeev.
All employees of ‘SUDLife’ Union Bank of India, Main Branch, Jhajjar Road, Rohtak.
…….Respondents/Opposite parties.
COMPLAINT U/S 35 OF CONSUMER PROTECTION ACT
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR.VIJENDER SINGH, MEMBER
Present: Complainant in person.
Sh.Deepak Jain, Advocate for the opposite party No.1.
Sh.Vipul Kapoor, advocate for opposite party No.2.
Opposite party No.3 already exparte.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case as per the complainant are that complainant no.1 & 2 had insured themselves with the opposite party vide policy no.00643118 and 00644803 respectively. At the time of policy, it was told to the complainants that the instalments of Rs.20000/- each will be paid for 5 years and at the time of maturity an amount of Rs.140000/- will be paid to the complainants. The policy of complainant no.1 has been got matured on 14.05.2019 and opposite party No.2 on dated 22.05.2019 respectively but the maturity amount has not been paid to the complainant despite their repeated requests. Complainant contacted the office of opposite parties to know about their maturity amount and the agents of opposite parties told that one instalment of Rs.20000/- each for the alleged policies was pending and the maturity amount will be paid after depositing the alleged amount. After believing the agents of the opposite parties, complainant handed over the amount of Rs.40000/- to the agent Akhil in the presence of Bank Manager and other agents namely Amit and Sanjeev but no receipt for the same was issued by the opposite parties. Complainant is repeatedly visiting the office of opposite parties for getting the maturity amount of alleged policies but they came to know that the 6th instalment was not paid by the agents of the opposite parties. The act of opposite parties is illegal and amounts to deficiency in service. Hence this complaint and it is prayed that opposite parties may kindly be directed to pay the maturity amount of both the policies amounting to Rs.280000/-(Rs.140000/- of each policy) and also to cancel the policy no.01142034 in the name of his son and policy no.01319425, to refund the amount of Rs.230000/- deposited under both these policies and to pay compensation of Rs.10000/- for harassment and Rs.12000/- as litigation expenses i.e. total Rs.533000/- alongwith interest to the complainants.
2. After registration of complaint, notices were issued to the opposite parties. Opposite party No.1 in its reply has submitted that on the basis of information provided by the complainant no.1 & complainant no.2 in the proposal form, the opposite party issued the policy bearing no.00643118 with risk commencement date 14.05.2013 stipulating annual premium of Rs.19868/- against the sum assured of Rs.84000/- for the premium paying tenure of 6 years and also issued policy bearing no.00644803 with risk commencement date 22.05.2013 stipulating annual premium of Rs.19791/- against the sum assured of Rs.90000/- for the premium paying tenure of 6 years. Thereafter, the policy documents were dispatched to the complainant No.1 on 03.06.2013 and complainant no.2 on dated 05.06.2013 respectively. Policy no.01142034 for sum assured of Rs.460000/- with risk commencement date 30.09.2017 was issued to the complainant no.3 on 06.10.2017 and policy bearing no.01319425 with risk commencement date 14.05.2019 for sum assured of Rs.300000/- was dispatched to the complainant on 17.05.2019. It is further submitted that in the above said policies bearing no.00643118 and 00644803, complainant no.1 & 2 required to pay the premium for a period of 6 years. However they paid only five premiums each and failed to pay the sixth premium which was due on 14.05.2018 and 22.05.2018 respectively. Opposite party had sent premium payment intimation before one month of due dates. But complainant no.1 & 2 failed to pay the 6th and last premium. As a result of non-payment of sixth premium, the policies no. 00643118 and 00644803 acquired the paid-up status and the said fact was duly communicated to the complainant no.1 & 2 vide letters dated 13.06.2018 and 21.06.2018 respectively. Opposite parties sent multiple communications to the complainant no.1 & 2 requesting them to submit the relevant documents, enabling the opposite parties to disburse the maturity proceeds but the documents were not submitted by the complainant no.1 & 2. Thus the opposite party remitted maturity proceeds amounting to Rs.83229.97 and Rs.89174.97 in the respective designated account of complainant no.1 & 2 vide payment letters dated 21.05.2019 and 22.06.2019 respectively. The opposite party rightly paid the survival benefits as per schedule II clause 5 of the policy. Further request of complainant no.2 and 3 for cancellation of policy no.01319425 and 01142034 and refund of premium cannot be entertained as the same is beyond free-look period. All the other contents of the complaint were stated to be wrong and denied and opposite party no.1 prayed for dismissal of complaint with costs.
3. Opposite party no.2 in its reply has submitted that the opposite party no.2 has not issued the alleged insurance policies . No amount has been given in the presence of opposite party as alleged in the complaint. The matter is in between the complainants and insurance company. The complainant is not entitled for any relief from the opposite party. There is no deficiency in service on the part of opposite party. All the other contents of the complaint were stated to be wrong and denied and opposite party No.2 prayed for dismissal of complaint with costs. However opposite party no.3 did not appear despite service and was proceeded against exparte vide order dated 30.07.2019 of this Commission.
4. Ld. counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C15 and closed his evidence on 12.07.2021. Ld. Counsel for opposite party No.1 tendered affidavit Ex.RW1/A, documents Ex.R1/1 to Ex.R1/2 and closed his evidence on 06.07.2022. Ld. counsel for the opposite party No.2 in his evidence has tendered affidavit Ex.RW2/A and closed his evidence on 06.05.2022.
5. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
6. In the present case grievance of the complainants is that they have deposited all the instalments of the policies. The policy of complainant no.1 has been got matured on 14.05.2019 and opposite party No.2 on dated 22.05.2019 respectively but the maturity amount has not been paid to the complainants despite their repeated requests. At the time of arguments, a document ‘Annexure JN-A’, a photocopy of passbook of Union Bank of India has been placed on record by the complainant. This document is a photocopy of joint account of Mr. Joravar Singh and Ms. Kavita wife of the complainant. The perusal of passbook itself shows that an amount of Rs.83229.97 has been credited by Star Union Daiichi Life Insurance Company on 17.05.2019 and an another amount of Rs.89174.97 has been credited by the above mentioned company on 18.06.2019 in the joint account of the complainants.
7. The complainant has pleaded that he had handed over Rs.40000/- to the agent Akhil in the presence of Bank Manager and other agents i.e. Amit and Sanjeev towards 6th instalments. But both the persons have not issued any receipt against the alleged payment. The complainant has failed to place on record any authentic document or evidence to prove the fact that he has handed over Rs.40000/- to Akhil in the presence of Amit and Sanjeev regarding the policy no.00643118 and 00644803. So it cannot be believed that the complainant had handed over Rs.40000/- to those persons.. Policy no. 00644803 was issued in the name of Ms. Kavita Devi and the complainant placed on record a premium paid statement for the period 22.05.2013 to 16.07.2018 as Ex.C11. Perusal of this document itself shows that the policy term was of 6 years and premium payment term was also 6 years. The statement itself shows that the complainant has paid only 5 instalments from the year 2013 to 2017. The date of commencement of the policy was 22.05.2013 and the date of the maturity was 22.05.2019. As per the document Annexure JN-A an amount of Rs.89174/- has been credited in the account of Kavita on dated 18.06.2019 as maturity value. The perusal of this statement shows that 6th instalments has not been deposited by the complainant with the respondent officials. So as per terms and conditions of the policy she was entitled for the amount of Rs.89174/- and the same amount has already been credited in her account. On the other hand Policy no. no.00643118 was issued in the name of Jorawar and the complainant placed on record a premium paid statement for the period 14.05.2013 to 16.07.2018 as Ex.C12. Perusal of this document itself shows that the policy term was of 6 years and premium payment term was also 6 years. The statement itself shows that the complainant has paid only 5 instalments from the year 2013 to 2017. The date of commencement of the policy was 14.05.2013 and the date of maturity was 14.05.2019. As per the document ‘Annexure JN-A’ an amount of Rs.83229/- has been credited in the account of Jorawar on 17.05.2019 as maturity value. The perusal of this statement shows that 6th instalments has not been deposited by the complainant with the respondent officials. So as per terms and conditions of the policy he was entitled for the amount of Rs.83229/- and the same amount has been credited in his account.
8. Hence from the documents placed on record by the opposite parties, it is proved that amount of both the policies has already been paid by the opposite parties. Hence there is no deficiency in service on the part of opposite parties and the present complaint stands dismissed with no order as to costs.
9. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
12.03.2024.
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Nagender Singh Kadian, President
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Tripti Pannu, Member.
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Vijender Singh, Member.
