Haryana

Karnal

CC/224/2020

Kareshan - Complainant(s)

Versus

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

Vipin Swami

03 May 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                        Complaint No. 224 of 2020

                                                        Date of instt.29.06.2020

                                                        Date of Decision:03.05.2023

 

Kareshan son of Shri Parsa Ram, resident of village Jamba, District Karnal.

                                               …….Complainant.

                                              Versus

 

1.     Max Life Insurance Co. Ltd. 90A, Sector-18, Udyog Vihar, Gurgaon 122015 Haryana through its Managing Director.

 

2.     Max Life Insurance Co. near Pathak Hospital, Sector-12, Urban Estate, Karnal through its Branch Manager.

 

                                                                      …..Opposite Parties.

 

Complaint Under Section 12 of the Consumer Protection Act, 1986 and after amendment Under Section 35 of Consumer Protection Act, 2019.

 

Before   Sh. Jaswant Singh……President.       

      Sh. Vineet Kaushik…….Member

              Dr. Rekha Chaudhary…..Member

          

 Argued by: Shri Vipin Swami, counsel for the complainant.

Shri Ashwani Kumar Popli, counsel for the OPs.

 

                    (Jaswant Singh President)

ORDER:   

                

                   The complainant has filed the present complaint Under Section 12 of the Consumer Protection Act, 1986 as after amendment Under Section 35 of Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as ‘OPs’) on the averments that complainant has purchased a Max Life Insurance Policy from the OP, vide policy bearing no.727398562, commencing from 30.03.2009 to 27.02.2020. The complainant was asked to pay premium of Rs.20,000/- half yearly. After taking the said policy, complainant is paying the payment of premium regularly to the OPs without any default. At the time of issuance of the policy, OPs told the complainant that he would receive a sum of Rs.3,35,324/- on the maturity of the aforesaid policy. On the maturity of the policy, OPs are required to pay a sum of Rs.3,35,324/- but OPs have paid a sum of Rs.2,54,242/- through NEFT HSBCN20105489624 on 14.04.2020, whereas the OPs is required  to pay a sum of Rs.3,35,324/-. The OPs knowingly, intentionally and deliberately has not paid a sum of Rs.81,082/- to the complainant which is still due towards the OPs. After receiving the less amount, the complainant contacted the OPs and requested to make the payment of balance amount as per the terms and conditions of the policy but OPs flatly refused to make the payment to the complainant. In this way there is deficiency in service on the part of the OPs. Hence this complaint.

2.             On notice, OPs appeared and filed its written version raising preliminary objections with regard to maintainability; jurisdiction and concealment of true and material facts. On merits, it is pleaded that complainant had purchased the policy of insurance bearing no.727398562 which commenced from 30.03.2009 to 27.02.2020 and complainant paid the premium under the policy of insurance and said policy of insurance was matured on 27.02.2020 and the maturity certificate dated 31.03.2020 was issued to the complainant and in the maturity certificate it was made clear that the complainant is entitled to whole of the fund value of Rs.2,54,240/- as per maturity detail of the policy of complainant. The said certificate was received by the complainant and complainant was directed to submit the certain documents for the disbursement of the policy benefits. Required documents were submitted by the complainant without raising any objection qua the maturity amount, as a result of which the entire fund value available in the policy of insurance Rs.2,54,240/- were transferred in the bank account of complainant on 13.04.2020 and the policy was fully satisfied. After the payment of entire fund value, nothing was left to be paid under the policy of insurance. As per clause i.e. maturity Benefits, if the life insured is living as on the maturity date, a benefit equal to the fund value prevailing on the maturity date will be paid to him. There is no deficiency in service on the part of the OPs. The other allegations made in the complaint have been denied by the OPs and prayed for dismissal of the complaint.

3.             Parties then led their respective evidence.

4.             Learned counsel for the complainant has tendered into evidence affidavit of complainant Ex.CW1/A, copy of statement of account Ex.C1, copy of passbook Ex.C2, copy of account statement Ex.C3, copy of Aadhar card of complainant Ex.C4 and closed the evidence on 23.02.2022 by suffering separate statement.

5.             On the other hand, learned counsel for the OPs has tendered into evidence affidavit of Yatharth Goyal Ex.OP1/A, copy of insurance policy no.727398562 dated 04.05.2010 Ex.OP1, copy of policy dated 30.04.2010 Ex.OP2, copy of checklist Ex.OP3, copy of insurance policy dated 24.08.2022 Ex.OP4, copy of maturity certificate Ex.OP5, copy of proposal form dated 28.03.2009 Ex.OP6 and closed the evidence on 19.09.2022 by suffering separate statement.

6.             We have heard the learned counsel of the parties and perused the case file carefully and have also gone through the evidence led by the parties.

7.             Learned counsel for complainants, while reiterating the contents of the complaint, has vehemently argued that complainant has purchased a Max Life Insurance Policy from the OPs. The policy was commenced from 30.03.2009 to 27.02.2020. At the time of issuance of the policy, OPs told the complainant that he would receive a sum of Rs.3,35,324/- on the maturity of the aforesaid policy but on maturity OPs have paid a sum of Rs.2,54,242/- only has not paid a sum of Rs.81,082/-. After receiving the less amount, the complainant contacted the OPs and requested to make the payment of balance amount but OPs flatly refused to make the payment and lastly prayed for allowing the complaint.

8.             Per contra, learned counsel for the OPs, while reiterating the contents of written version, has vehemently argued that in the maturity certificate it was made clear that the complainant is entitled to whole of the fund value of Rs.2,54,240/-. The entire fund value of Rs.2,54,240/- were transferred in the bank account of complainant on 13.04.2020 and the policy was fully satisfied and lastly prayed for dismissal of the complaint.

9.             We have duly considered the rival contentions of the parties.

10.           Admittedly, complainant purchased the Max Life Insurance Policy from the OPs. It is also admitted that OP had paid Rs.2,54,242/- to the complainant as maturity amount of the policy in question.

11.           The complainant had purchased the insurance policy which commenced from 30.03.2009 and complainant paid the premium under the policy of insurance and said policy of insurance was matured on 27.02.2020. In this regard, maturity certificate Ex.OP5 dated 31.03.2020 was issued to the complainant. As per said maturity certificate, the fund value comes as Rs.2,54,240/- and said amount had already been paid to the complainant by the OPs. Complainant has claimed for Rs.81,082/- as remaining amount on the basis of statement of account Ex.C1. The policy in question was issued under the Max Life insurance Policy and meaning, thereby, complainant was insured under the said policy. OPs have already paid the maturity amount.

12.           Thus, in view of the above, present complaint is devoid of any merits and same deserves to be dismissed and the same is hereby dismissed. No order as to costs.  The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Dated:03.05.2023                                                                      

                                                                  President,

                                                     District Consumer Disputes

                                                     Redressal Commission, Karnal.

 

(Vineet Kaushik)        (Dr. Rekha Chaudhary)

                    Member                         Member