NCDRC

NCDRC

RP/4032/2014

AVIVA LIFE INSURANCE COMPANY LTD. & 2 ORS. - Complainant(s)

Versus

MOHINDER SINGH & ANR. - Opp.Party(s)

MS. NEERJA SACHDEVA

24 May 2016

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 4029 OF 2014
 
(Against the Order dated 28/03/2014 in Appeal No. 1087/2010 of the State Commission Punjab)
1. AVIVA LIFE INSURANCE COMPANY LTD. & ANR.
THROUGH ITS AUTHORIZED SIGNATORY, HAVING ITS OFFICE AT AVIVA TOWER, SECTOR ROAD,OPP GOLF COURSE, DLF PHASE-V,SECTOR-43
GURGOAN - 122003
HARYANA
2. AVIVA LIFE INSURANCE CO LTD,
THROUGH ITS AUTHORISED SIGNATORY, HAVING ITS BRANCH OFFICE AT 2ND & 3RD FLOOR, SCF 49, PHASE-9
MOHALI
PUNJAB
...........Petitioner(s)
Versus 
1. JAGDEV KAUR & 2 ORS.
W/O SH.TARLOK SINGH. THROUGH ITS SPECIAL POWER OF ATTORNEY HOLDER MANN SINGH/ S/O BALWANT SINGH, R/O H.NO-174,SECTOR-70,
MOHALI
PUNJAB
2. CENTURIOON BANK OF PUNJAB,
THROUGH ITS BRANCH MANAGER, C/O SCF 55-57, PHASE-7
MOHALI
PUNJAB
3. RAJINDER SINGH BRAR, S/O SH.AJMER SINGH,
R/O HOUSE NO-764,SECTOR-69
MOHALI
PUNJAB
...........Respondent(s)
REVISION PETITION NO. 4030 OF 2014
 
(Against the Order dated 28/03/2014 in Appeal No. 1436/2010 of the State Commission Punjab)
1. AVIVA LIFE INSURANCE COMPANY LTD. & ANR.
THROUGH ITS AUTHORIZED SIGNATORY, HAVING ITS OFFICE AT AVIVA TOWER, SECTOR ROAD,OPP GOLF COURSE, DLF PHASE-V,SECTOR-43
2. AVIVA LIFE INSURANCE CO LTD,
THROUGH ITS AUTHORISED SIGNATORY, HAVING ITS BRANCH OFFICE AT 2ND & 3RD FLOOR, SCF 49, PHASE-9
MOHALI
PUNJAB
...........Petitioner(s)
Versus 
1. SANGAT SINGH
S/O RAM SINGH, R/O VILLAGE BHAGO MAJRA,
DISTRICT : MOHALI
PUNJAB
...........Respondent(s)
REVISION PETITION NO. 4031 OF 2014
 
(Against the Order dated 28/03/2014 in Appeal No. 1437/2010 of the State Commission Punjab)
1. AVIVA LIFE INSURANCE COMPANY LTD. & ANR.
THROUGH ITS AUTHORIZED SIGNATORY, HAVING ITS OFFICE AT AVIVA TOWER, SECTOR ROAD,OPP.GOLF COURSE, DLF PHACE-V,SECTOR-43,
GURGAON - 122003
HARYANA
2. AVIVA LIFE INSURANCE CO LTD,
THROUGH ITS AUTHORISED SIGNATORY, HAVING ITS BRANCH OFFICE AT 2ND & 3RD FLOOR, SCF 49, PHASE-9
MOHALI
PUNJAB
...........Petitioner(s)
Versus 
1. SANGAT SINGH
S/O RAM SINGH, R/O VILLAGE BHAGO MAJRA,
DISTRICT:MOHALI
PUNJAB
2. AVIVA LIFE INSURANCE COMPANY LTD
THROUGH ITS AUTHORISED SIGNATORY, HAVING ITS BRANCH OFFICE, AT 2ND FLOOR, & 3RD FLOOR, SCF 49, PHASE-9
MOHALI
PUNJAB
...........Respondent(s)
REVISION PETITION NO. 4032 OF 2014
 
(Against the Order dated 28/03/2014 in Appeal No. 950/2011 of the State Commission Punjab)
1. AVIVA LIFE INSURANCE COMPANY LTD. & 2 ORS.
THROUGH ITS AUTHORIZED SIGNATORY, HAVING ITS OFFICE AT AVIVA TOWER, SECTOR ROAD,OPP GOLF COURSE, DLF PHASE-V,SECTOR-43
GURGAON - 122003
HARYANA
2. -
-
3. -
-
4. AVIVA LIFE INSURANCE CO LTD.,
THROUGH ITS BRANCH MANAGER, BRANCH OFFICE AT 180-182,SECTOR-9C, MADHYA MARG,
CHANDIGARH-160009
5. AVIVA LIFE INSURANCE CO LTD,
THROUGH ITS AUTHORISED SIGNATORY, HAVING ITS BRANCH OFFICE AT 2ND & 3RD FLOOR, SCF 49, PHASE-9
MOHALI
PUNJAB
...........Petitioner(s)
Versus 
1. MOHINDER SINGH & ANR.
S/O SH.BACHAN SINGH, R/O HOUSE NO-239, PHASE-4
MOHALI
PUNJAB
2. SH. JASJEET SINGH, BRANCH MANAGER, CENTURIAN BANK OF PUNJAB, (NOW HDFC BANK)
NOW POSTED AT GULLA CHIKKA HARYANA, R/O HOUSE NO-2134,SECTOR - 66
MOHALI
PUNJAB
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE D.K. JAIN, PRESIDENT
 HON'BLE MRS. M. SHREESHA, MEMBER

For the Petitioner :
Ms. Neerja Sachdeva, Advocate with
Mr. Bhuwan B. and Mr. Rohit P., A/Rs
For the Respondent :
Mr. Sandeep Bhardwaj, Advocate for the
Complainants in RP/4030-4032/2014
Ms. Pallavi Deepika, Advocate for HDFC Bank

Dated : 24 May 2016
ORDER

It has been brought to our notice that in identical matters relating to similar claims, under the insurance policy, the Petitioner/Insurance Company, namely, Aviva Life Insurance Co., had taken a decision to refund the entire amount of premium paid by the Complainants in those cases.  Based on the said decision, a number of Revision Petitions, being Revision Petitions No. 3380, 3381, 3421 to 3424 & 3769 of 2013, had been disposed of, on consent terms, by this Commission vide order dated 18.11.2015.  The operative part of the said order reads as follow:

“Learned counsel appearing for the Insurance Company, the Petitioner herein, in all the Revision Petitions states that as per her instructions, obtained in terms of our order dated 21.8.2015, the Insurance Company is willing to return to the complainants the entire amount of premium paid by each of the complainants.  She, however, states that if any amount against the said premium has already been refunded to anyone of the complainants, the same shall be deducted at the time of making the final payment.  The offer made on behalf of the Insurance Company is acceptable to learned counsel appearing on behalf of the complainants.”

 

In light of the said order, we are unable to appreciate why the Insurance Company is adopting a pick and choose policy and insisting on contesting the claims made by the present Complainants, when the amount involved in these Revision Petitions ranges between approximately ₹90,000/- to ₹1,50,000/-.

Under the circumstances and following the afore-noted order passed in similar cases, we do not find it to be a fit case for exercise of our Revisional Jurisdiction.

Accordingly, the Revision Petitions are dismissed with no order as to costs.  However, we clarify that if any amount has been released to anyone of the Complainants, under the policy, the Insurance Company shall be entitled to account for the same while refunding the premium paid by each of the Complainants.

 
......................J
D.K. JAIN
PRESIDENT
......................
M. SHREESHA
MEMBER

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