Punjab

Nawanshahr

CC/87/2016

Kulwinder Kaur - Complainant(s)

Versus

M/S Aviva Life Insu - Opp.Party(s)

14 Oct 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SHAHEED BHAGAT SINGH NAGAR

 

                             Consumer Complaint No.      :   87/2016        

Date of Decision                      :   14.10.2016

Kulwinder Kaur aged _____ years W/o Dharamjeet Singh R/o VPO Urapar Tehsil Nawanshahr District SBS Nagar.                                                                                                               ….Complainant

Versus

1.       M/s Aviva Life Insurance Aviva Tower, Sector Road Opposite Golf Course DLF-Phase-V, Section 43, Gurgaon.

2.       M/s Aviva Life Insurance, SCO No. 101, 102 and 103 2^nd Floor, Batra Building, Sector 17-D, Chandigarh 160017.

3.       M/s Aviva Life Insurance, Br. Office, Chandigarh Road Nawanshahr, District SBS Nagar.

                                                                    ….Opposite Parties

                   Complaint under Section 12 of the Consumer Protection Act, 1986

Counsel for complainant:

Sh.Amandeep Singh, Advocate

 

 QUORUM:

S.BHUPINDER SINGH, PRESIDENT

S.KANWALJEET SINGH, MEMBER

ORDER

S.BHUPINDER SINGH, PRESIDENT

1.       Complainant filed this complaint against OPs with submission that she purchased insurance policy bearing No.TDW 3100163 dated 16.07.2011 from OPs.  The policy term was 20 years with payment of annual premium term for 15 years.  The complainant submitted that she paid two installments of Rs.15,000/- in the year 2011 and 2012.  However, due to change of circumstances of the family, the complainant could not continue the policy and did not pay further installments of premium.  The complainant approached the OP for payment of surrender value of the above policy.  But the OP failed to pay surrender value of the policy after deduction of permissible amount, if any.  Learned counsel for complainant submitted that all this amounts to deficiency in service on the part of OP qua the complainant.  The complainant also produced on record, the policy in question alongwith its terms and conditions, proposal form etc. 

2.       We have heard the learned counsel for the complainant, and have minutely gone through the record produced by complainant, particularly the policy in question bearing No.TDW 3100163.

3.       As per this policy, there is clear cut condition that the complainant shall continue to pay the premium for 15 years, in order to get complete benefit.  However, the insured have option to encash (surrender) this policy, after completion of three years, if all premiums are paid for first three years.  So there is condition in the policy that the complainant could not get surrender value of the policy, as the same has not completed three years and she has to pay three premiums regularly.  But here in this, the complainant has paid only two premiums.  She did not pay third premium.  The OP has covered risk of life of the complainant for two years for which she had paid the premiums.  She has not completed the lock in period of three years of the policy.  The premium was payable on 15^th of July of every year.  The complainant has paid two premiums on 15.07.2011 and 15.07.2012.  Third premium was due payable by complainant for this policy on 15.07.2013 with grace period of one month i.e. on 15.08.2013.  Therefore, the policy lapsed due to non-payment of premium on 15.08.2013.  As per this policy, complainant has right to get the policy reviewed within two years, but the complainant did not  get the policy renewed within two years nor she made any effort to get the policy renewed.  So the present complaint is not maintainable as per terms and conditions of the policy, produced by the complainant herself.

4.       The complainant has also not made any effort within free look period on receipt of policy documents to get the policy cancelled, if he/she not satisfied with the terms and conditions of the policy i.e. within  15 days from the date of receipt of policy documents.

5.       The policy of the complainant in this case lapsed on 15.08.2013, thereafter, the complainant did not make any effort to get the policy renewed/revived and the present complaint has been filed by complainant on 23.09.2016 i.e. after lapse of period of three years which is also time barred and no application has been filed by complainant for condonation of delay.  Resultantly, we hold that present complaint is not maintainable as per terms and conditions of the policy in question.  Furthermore, the complaint is also time barred. 

6.       Resultantly, present complaint is hereby dismissed in limine.        

7.       Certified copies of this order be supplied to the parties, as per rules. File be indexed and consigned to the Record Room.

Dated:  14.10.2016

                                                          (BHUPINDER SINGH)

                                                          President

         

                                                          (KANWALJEET SINGH)

                                                          Member