DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

                                      Consumer Complaint No. 460 of 14.12.2017

                                      Decided on:   2.9.2021

1. Lakhwinder Kaur aged 34 years wife of Late Ranveer Singh s/o Kesar Singh
2. Rajvir Kaur; daughter of late Ranveer Singh
3. Gurwinder Singh minor son of late Ranveer Singh, through his mother and natural guardian Lakhwinder Kaur,

All residents of H.No.71, village Kheri Jattan, Tehsil Nabha, District Patiala.

                                                                   …………...Complainants

                                      Versus

1. Max Life Insurance Co. Ltd., Registered Office 3^rd Floor, 1 Dr. Jha Marg, Okhla, New Delhi, through its M.D.
2. Max Life Insurance Co. Ltd., having its office 1^st and 2^nd floor , SCO-7,Leela Bhawan Market, Patiala.
3. Rubalpreet Kaur daughter of late Ranveer Singh, resident of H.No.71, village Kheri Jattan, Tehsil Nabha, District Patiala.

                                                                   …………Opposite Parties

Complaint under the Consumer Protection Act

QUORUM

                                      Sh. Jasjit Singh Bhinder, President

                                      Dr.Harman Shergill Sullar, Member

ARGUED BY              

                                       Sh.Pankaj Verma, counsel for the complainant.

                                      Sh.S.P.Singh Sidhu, counsel for OPs No.1&2

                                      OP No.3 ex-parte.

 ORDER

                                      JASJIT SINGH BHINDER,PRESIDENT

1. This is the complaint filed by Lakhwinder Kaur and others (hereinafter referred to as the complainants) against Max Life Insurance Co. Ltd. and others (hereinafter referred to as the OP/s) under the Consumer Protection Act (for short the Act).
2. The brief facts of the case  are that the complainant No.3 is minor and the present complaint on his behalf is filed by her mother and natural guardian Smt.Lakhwinder Kaur,  complainant No.1. It is averred that Ranveer Singh s/o Kesar Singh, husband and father of complainants was having insurance policy  No.256968355, issued by Max Life Insurance Co. Ltd. and the minimum guaranteed death benefit under the said policy was Rs.2,13,400.88.It is averred that Ranveer Singh deposited the premium of the said policy. It is further averred that Ranveer Singh died on 19.11.2016 and left behind his legal heirs Lakhwinder Kaur (widow), Rubalpreet Kaur and Rajdeep Kaur, daughters and Gurwinder Singh minor son and after his death they are entitled to receive the entire amount of the policy in question. It is further averred that the complainants approached and requested OP No.2 to release the amount of the policy in question with other benefits but to no effect. The complainants also got sent legal notice dated 12.4.2017 upon OP No.1 but all in vain. It is further averred that the OPs accepted the premium of the said policy on 24.1.2017 but failed to pay the amount. There is thus deficiency in service on the part of the OPs, which caused mental agony, pain and harassment to the complainants. Hence this complaint with the prayer to accept the same by giving directions to the OPs to release the amount of Rs.2.13.400.88 alongwith all benefits accrued thereon alongwith interest @12% per annum till the date of payment  and also to pay Rs.1,00,000/- as compensation.
3. Notice of the complaint was duly served upon the OPs. OPs No.1&2 appeared through counsel and contested the complaint by filing written reply whereas none appeared on behalf of OP No.3 and was accordingly proceeded against exparte.
4. In the written reply filed by OPs No.1&2, preliminary objections have been raised; that no cause of action has arisen in favour of the complainants to file the present complaint and has been filed with malafide intention which is abuse of process of law; that the complaint is time barred and that the complainants have not come to the Forum (now Commission) with clean hands and as such the same is liable to be dismissed.
5. On merits, it is submitted that the LA namely Kesar Singh had purchased the insurance policy namely Max Life Gain Premium without any pressure and submitted the proposal form and thereafter the policy was issued. It is further submitted that the LA had not deposited the renewal premium under the policy and the same became lapsed and as such the complainants are not entitled for any relief. After denying all other averments, the OPs No.1&2 prayed for the dismissal of the complaint.
6. In support of the complaint, complainant Lakhwinder Kaur has tendered in evidence Ex.CA her affidavit alongwith documents Exs.C1 to C7 and her counsel closed the evidence.
7. On the other hand, the ld. counsel for OPs No.1&2 has tendered in evidence Ex.OPA affidavit of Sh.Dhiraj Malik alongwith documents Exs.OP1 to OP11 and closed the evidence.
8. We have heard the ld. counsel for the parties and have also gone through the record of the case, carefully.
9. The ld. counsel for the complainants has argued that complainant No.3 is minor and the present complaint has been filed by his mother (complainant No.1) as legal heir and natural guardian. The ld. counsel further argued that the complainants requested the OPs to pay the amount but they have not paid any amount. So the complaint be allowed.
10. On the other hand, the ld. counsel for OPs No.1&2 has argued that the complaint is time barred and is violation under the terms and conditions of the policy. It is further argued that Kesar Singh had purchased the insurance policy of Max Life without any pressure and the same was  issued to him. It is further argued that Kesar Singh had not paid the renewal premium of the policy and policy was lapsed. The ld. counsel further argued that there is no deficiency of service on the part of the OPs and the complaint be dismissed.
11. To prove the case complainant No.1 Lakhwinder Kaur has tendered her affidavit, Ex.CA and she has deposed as per the complaint.Ex.C1 is life insurance premium receipt. The commencement date is 17 July, 2015 and date of maturity is 17 July, 2034 and next premium was due on 17 January,2016.The ld. counsel argued that the policy was renewed on 24.1.2017 and Rs.29412/-was paid.Ex.C3 death certificate of Ranvir Singh. According to this certificate he died on 19.11.2016 and policy was renewed after his death i.e. on 24.1.2017. As the policy was renewed after the death of Ranveer Singh so officials of Max Life Insurance co. were at fault on the pretext that how they have renewed the policy of a person who had died.Ex.C4 is legal notice, Ex.C5 is postal receipt.Ex.C6 is letter written by Max Life Insurance, in which it is stated that the policy in question was in lapsed mode at the time of death of Ranveer Singh i.e. on 19.11.2016 and the captioned policy was not admissible.
12. On behalf of the OPs No.1&2 Sh.Dhiraj Malik has tendered in evidence Ex.OPA and he has deposed as per the written statement.Ex.OP1 is proposal form and Ex.OP2 is the letter written to Kesar Singh by Max Life.
13. As per the complainant Ranveer Singh took the policy from Max Life Insurance on 17.11.2014 and insurance premium was due on 17.1.2016.It is admitted fact that Ranveer Singh died on 19.11.2016 and policy was renewed  after 19.11.2016 i.e. on 24.1.2017.This is grave mistake on the part of the complainants as they have played fraud with the Max Life Insurance Co. Ltd. as the person who had died, his policy cannot be renewed at any circumstances and the Max Life Insurance company  is also at fault by renewing the policy of a dead person. Ex.C3 is death certificate of Ranveer Singh.
14. There is letter Ex.C6 on the file written by Karamjeet Chaney Sharma, Assistant Manager Claims dated  28.6.2017, wherein it is mentioned that the above mentioned policy was in lapsed mode on the date of death of Ranveer Singh i.e. on 19.11.2016 and claim against the captioned policy was not admissible. So it is clear that the policy was wrongly renewed after the death of Ranveer Singh. So the complainants cannot claim Rs.2,13,400.88p. The complainants who are legal heirs of Ranveer Singh are only entitled to the amount which they have deposited during the life time of Ranveer Singh in equal shares and the amount will be calculated by the Max Life Insurance co. Ltd. and the amount will be payable from 19.11.2016 alongwith interest @6% per annum till realization. Accordingly, the complaint is partly allowed and the OPs No.1&2 are directed to comply with the order within a period of 45 days from the date of the receipt of the certified copy of this order. No order as to costs and compensation.

ANNOUNCED

DATED:2.9.2021         

                             Dr.Harman Shergill Sullar              Jasjit Singh Bhinder

                                       Member                                          President