Punjab

StateCommission

A/108/2017

Bharpur Singh - Complainant(s)

Versus

Max Life Insurance Co. - Opp.Party(s)

R.K.Garg

18 Apr 2017

ORDER

                                                               FIRST ADDITIONAL BENCH

 

STATE  CONSUMER  DISPUTES  REDRESSAL COMMISSION,  PUNJAB

          SECTOR 37-A, DAKSHIN MARG, CHANDIGARH.

                                     

                   First Appeal No.108 of 2017

 

                                                          Date of Institution: 16.02.2017

                                                          Order Reserved on : 17.04.2017

                                                          Date of Decision  : 18.04.2017

 

Bharpur aged about 66 years son of Sh. Mela Singh, resident of Village Dharonki, Tehsil Nabha District Patiala.

 

                                                                          Appellant/Complainant

                   Versus

 

1.      Max Life Insurance Company Limited Operation Center, Plot No. 90-A, Udyog Vihar, Sector 18, Gurgaon 122002, Haryana           India.

 

2.      Max Life Insurance Company Limited Registered Office 3rd    Floor, 1 Dr. Jha Marg, Okhla, New Delhi 110020, India.

 

3.      Max Life Insurance Company Limited, Chandigarh through its          Manager

 

4.      Max Life Insurance Company Limited, Branch Office Ambedkar       Market, Patiala Gate, Nabha through its Branch Manager.

 

5.      Axis Bank Ltd., Branch Office Amedkar Market, Patiala Gate, Nabha through its Branch Manager.

 

6.      Amit Sharma son of Sh. Sukhdev Sharma employee of Axis   Bank Nabha.

 

                                                              Respondents/Opposite parties

 

 

First Appeal against order dated 24.10.2016 passed by the District Consumer Disputes Redressal Forum,  Patiala.

 

Quorum:-

          Shri J. S. Klar, Presiding Judicial Member.

            Smt.Surinder Pal Kaur, Member

 

Present:-

          For appellants              : Sh.Mukesh Kumar Garg, Advocate

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

 

J.S KLAR, PRESIDING JUDICIAL MEMBER :-

         

          The instant appeal has been preferred by the complainant now appellant challenging the order of District Forum in dismissing the complaint of the appellant, as time barred at limine stage.

2.      We have examined the documents placed on the record. The copy of complaint filed by appellant against Max Life Insurance Company is on the record. From perusal of copy of complaint, it has transpired that complainant maintained the saving bank account bearing no. 098010100036333 with the Axis Bank Ltd/OP no.5 in December 2012. OP no.6 prevailed upon him to invest the amount in Max Life Insurance Company by suggesting that it was a single time investment and his invested amount would become double within three years. The complainant invested Rs.76,337.32. The complainant received policy document and he paid first and second premium with OPs. The complainant wanted the refund of the amount and wrote letters dated 03.03.2014 and 19.03.2014 to OPs. The complaint was not admitted by District Forum and was dismissed at limine stage holding it to be time barred under Section 24-A of Consumer Protection Act, 1986.

3.      We have heard respective submissions of counsel for the appellant and record of the case. The District Forum proceeded to dismiss the complaint, as time barred, on the point that the cause of action accrued to the complainant to file the complaint, when he received the policy in this case in January 2013. The instant complaint was filed on 24.10.2016, which is held to be time barred by District Foroum. As per grounds of appeal projected by the complainant now appellant, the insurance company deducted second premium amount on 18.03.2014 from insured's saving bank account. Third premium amount has been deposited on 27.01.2015, whether it was a single premium policy or it was a regular premium policy, this is a disputed matter in this case, which needs adjudication on the basis of complete record. The third premium was deposited by complainant, as contained in para no.4 (c) of grounds of appeal. Hence, complaint was filed on 24.10.2016 and it cannot be said to be time barred ex-facie. Sometimes amount has to be refunded to the complainant, when third premium was received under some provision of the contract of insurance. Consequently, it is a case, where the cause of action cannot be said to have been finally arisen on January 2013 on the first blush.  It depends upon the entire record to determine, as to whether the cause of action would arise from expiry of lock-in-period of the policy or not. The order of District Forum cannot be said to be according to law, which is based on the mere assumption that cause of action would accrue from the date of receipt of policy in this case.

4.      Hence, we accept the appeal of the appellant and set aside the order of the District Forum Patiala dated 12.01.2017 and we direct the District Forum Patiala to further proceed with the case in accordance with law. File complete in all respects be sent to District Forum Patiala for 10.07.2017.

5.      Certified copy of the order be sent to the parties in accordance with rules and complainant through his counsel be directed to appear before District Forum on the date fixed.

6.      Arguments in this appeal were heard on 17.04.2017 and the order was reserved.

7.      The appeal could not be decided within the statutory period due to heavy pendency of court cases.

 

 

                                                                          (J. S. KLAR)

                                                          PRESIDING JUDICIAL MEMBER

                    

                                                               (SURINDER PAL KAUR)

                                                                               MEMBER

                                                                                                         

April 18, 2017                                                             

(ravi)