Haryana

Karnal

CC/66/2020

Bhola Parsad - Complainant(s)

Versus

Max Life Insurance Company Limited - Opp.Party(s)

R.K. Kamboj

03 Feb 2020

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

 

                                                          Complaint No. 66 of 2020

                                                          Date of instt. 29.01.2020

                                                          Date of Decision 03.02.2020

 

Bhola Parsad son of Shri Sidhu resident of House no.575 Old Housing Board Colony, Karnal.

                                                                       …….Complainant

                                        Versus

 

1. Max Life Insurance Co. Ltd. Pathak Hospital Building, Sector 12, Karnal through its Manager.

2. Max Life Insurance Co. Ltd. Plot no.90-A Udyog Vihar, Sector-18, Gurugram through its Manager.

3. Ms Anita Manager/Agent Max Life Insurance Co. Ltd. Max House 3^rd floor, 1-Dr. Jha Marg, Okhla New Delhi.

                                                                        …..Opposite parties.

 

           Complaint u/s 12 of the Consumer Protection Act. 

 

Before    Sh. Jaswant Singh……President. 

      Sh.Vineet Kaushik ………..Member

                Dr. Rekha Chaudhary…….Member

 

 Present:  Shri R.K. Kamra Advocate for complainant.

 

                   (Jaswant Singh President)

ORDER:                    

 

                Complaint presented today. It be checked and registered.

 

                The fact of the complaint is that present complaint has been filed by the complainant u/s 12 of the Consumer Protection Act 1986 on the averments that in the year 2008, the OP no.3 Anita contacted the complainant on telephone and allured for the purchase of an insurance policy of the company. She assured the complainant that the amount of the complainant will be safe and he will be benefited by taking the policy. The complainant on the assurance of said Anita, agreed to get a policy.  OP no.3 asked the complainant that the locking period of the policy is 3 years and in case the complainant do not want to continue the policy for more than 3 years then after depositing the installments for the period of 3 years he will be able to get the total deposited amount alongwith interest and bonus also after lapse of 5 years. The complainant deposited the first installment of the policy on 17.11.2008. OP issued the policy no.7131884174 to the complainant. The complainant continued the policy for 3 years as per the assurance of the OP no.3 and deposited Rs.90000/- with the OP company under the abovesaid policy. After passing of five years of policy, the complainant contacted the OP no.3 and other officials of the company to pay the amount deposited with the company alongwith interest, bonus and other benefits. The OP assured that the total amount deposited by the complainant alongwith interest and bonus etc. will be transferred to the bank account of the complainant. OPs transferred the amount to the tune of Rs.36508.17Ps in the account of the complainant on 27.09.2013. The said amount is very less amount. The complainant contacted the OPs so many times and also wrote letter in this regard but of no result. It is pertinent to mentioned here that vide letter dated 26.05.2016 one of the official of the OP also calculated the amount after seeing the record from computer and got noted the value to the tune of Rs.50600/- and told the complainant that this amount is still due towards the complainant and will be refunded to him. Thereafter, complainant received a letter dated 02.12.2019 from the OPs that matter has been resolved as his policy has been surrendered and an amount of Rs.36508.17 Ps. Has already been refunded to his bank account on 26.09.2013. The complainant deposited Rs.90000/- as per the directions of the OPs in three years on the hope that he will be get the maximum interest and bonus etc. for his old age. By not making the total amount and interest and other benefits of the policy is deficiency in service and unfair trade practice. Hence complainant filed the present complaint.

2.             We have heard the learned counsel for the complainant have gone through the facts mentioned in the complaint.

3.             The complainant deposited the first installment of the policy in question on 17.11.2008. The complainant continued the policy for 3 years. The OPs transferred the amount to the tune of Rs.36508.17Ps in the account of complainant on 27.09.2013, so the cause of action accrued on 27.09.2013 but the present complaint was filed on 29.01.2020 after about six years of accrual of cause of action. No application for condonation of delay is filed by the complainant and no sufficient cause has been shown for not filing the complaint within limitation. As per section 24A of Consumer Protection Act “The District Forum, the State Commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen.” Hence as per the provision of law the present complaint is time barred. Hence, the same is not maintainable.

4.             In view of above discussion, the present complaint is not maintainable being time barred, hence the same is hereby dismissed at the stage of admission. The party concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Dated:03.02.2020

                                                                       

                                                                  President,

                                                           District Consumer Disputes

                                                           Redressal Forum, Karnal.

 

               

        (Vineet Kaushik)          (Dr. Rekha Chaudhary)

            Member                               Member