Delhi

East Delhi

CC/442/2017

JANAK RANI - Complainant(s)

Versus

MAX LIFE INS. - Opp.Party(s)

06 Mar 2020

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 442/17

 

Smt. Janak Rani

W/o Shri Pravesh Kumar

R/o 1/6944, Shivaji Park

Rohtash Nagar, Shahdara

Delhi – 110 032                                                           ….Complainant

Vs.    

 

1. M/s. Max Life Insurance Company Ltd.

Branch Office: 6^th Floor, Nipur Tower

Plot No. 15, Community Centre

Karkardooma, Delhi – 110 092                                       …Opponent

 

 

Date of Institution: 25.10.2017

Judgement Reserved on: 06.03.2020

Judgement Passed on: 16.03.2020

 

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By: Sh. Sukhdev Singh (President)

 

 

JUDGEMENT

          This complaint has been filed by Smt. Janak Rani against M/s. Max Life Insurance Co. Ltd. (OP) under Section 12 of the Consumer Protection Act, 1986 with allegations of unfair trade practice and deficiency in service. 

2.       The facts in brief are that the complainant’s daughter Ms. Shivali was the holder of two insurance policies bearing no. 252457221 and 252457213 with policy plan as MAX Life Grain Premier with sum assured to the tune of   Rs. 1,74,552/- from M/s. Max Life Insurance Co. Ltd. (OP).  Effective date of coverage was 30.04.2014 and 01.05.2014 with premium frequency as Annual.  Ms. Shivali was regularly paying the installment of the said policies.

          It was stated that daughter of the complainant being unwell and was admitted in the Central Hospital Northern Railway and ultimately she died on 10.07.2016 and her son-in-law (Mr. Sachin Walia, policy holder’s husband) had also died on 10.03.2012, left behind one minor son         Manik Walia whose date of birth was 21.05.2010.  The complainant filed the claim form vide death claim application form which was duly received by M/s. Max Life Insurance Co. Ltd. (OP), but they refused to make the payment of the same to the complainant on one pretext or the reason that the renewal premium, which was due on 30.04.2016, was not paid, so the said policies lapsed due to the expiry of grace period w.e.f. 30.05.2016. 

          It was stated that M/s. Max Life Insurance Co. Ltd. (OP) have cheated the complainant and played a big fraud by selling the policies and thereafter not clearing their insurance claim which amounts to deficiency in service and unfair trade practice.  Hence, the complainant has prayed for directions to M/s. Max Life Insurance Co. Ltd. (OP) to pay the claim amount of Rs. 3,49,044/- of both insurance policies and compensation of                 Rs. 1,00,000/- on account of mental pain and agony as well as legal expenses.

3.       In the written statement filed on behalf of M/s. Max Life Insurance Co. Ltd. (OP), they have stated that daughter of the complainant failed to pay the renewal premium of policies no. 252451221 and 252457213, which were due on 30.04.2016, hence, the policies got lapsed.  Other facts have also been denied. 

4.       Complainant have filed rejoinder to the WS of M/s. Max Life Insurance Co. Ltd. (OP), wherein she has controverted the pleas taken in the WS and reasserted her pleas.

5.       In support of its case, the complainant have examined herself.  She has deposed on affidavit.  She has narrated the facts which have been  stated in the complaint. 

6.       M/s. Max Life Insurance Co. Ltd. (OP) stopped appearing and did not file their evidence, hence, they were proceeded ex-parte.

7.       We have heard son of the complainant and have perused the material placed on record.   From the testimony of the complainant, which has gone un-rebutted, it has been noticed that the premium of the policies was due on 30.04.2016 which was not paid by the daughter of the complainant even within the grace period, which led to expiry of the policies.  Though, it has been stated in the Death Claim Application Form that she remained admitted in the Railway Hospital from 20.05.2016 to 30.05.2016, but no medical record has been produced to substantiate this fact.  Even if this fact is taken as it is, even then she has not paid the premium before her admission in the hospital i.e. before 20.05.2016.  Not only that, she has expired on 10.07.2016 and before her death, she could not pay the premium to get the policies renewed.  Thus, due to non paying the premium of the policies, the policies have elapsed.  Therefore, there is no deficiency on the part of M/s. Max Life Insurance Co. Ltd. (OP).  When there is no deficiency on the part of M/s. Max Life Insurance Co. Ltd. (OP), the case of the complainant deserves its dismissal and the same is dismissed.  There is no order as to cost.

Copy of the order be supplied to the parties as per rules.

          File be consigned to Record Room.

 

 

 

(DR. P.N. TIWARI)                                                              (SUKHDEV SINGH)

      Member                                                                      President