Chandigarh

DF-II

CC/708/2019

Perminder Singh - Complainant(s)

Versus

M/s Aviva Life Insurance Company India Ltd., - Opp.Party(s)

Manmohan Adv. & Jatinder Kumar Mishra Adv.

19 Apr 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	708 of 2019
Date  of  Institution	:	01.08.2019
Date   of   Decision	:	19.04.2023

 

 

 

 

 

Perminder Singh s/o Late Sh.Ram Singh, R/o House NO.639-B, HIG Flat, Phase XI, Mohali through Special Power of Attorney holder Sh.Shailender Singh s/o Sh.Tehal Singh, R/o House No.132, Village Palsaura, Sector 55, UT, Chandigarh.

            …..Complainant

Versus

1]  M/s Aviva Life Insurance Company Ltd., Branch Office SCO 45, Sector 17-A, Opposite Park Plaza, Chandigarh 160017 through its Branch Manager

2]  M/s Aviva Life Insurance Company India Ltd., Regd. Office: 2^nd Floor, Prakashdeep Building, 7 Tolstoy Marg, New Delhi 110001 though its Manager.

3]  M/s Aviva Life Insurance Company India Ltd., Head Office- Aviva Tower, Sector Road, Opp. Golf Course, DLF Phase V, Sector 43, Gurgaon 122003 through its Manager.

    ….. Opposite Parties

 

BEFORE:  MR.AMRINDER SINGH SIDHU,       PRESIDENT

                MR.B.M.SHARMA                 MEMBER

 

Argued by :-    None for complainant

                Sh.Sidhant Jain, Counsel of OPs

 

 

PER  B. M. SHARMA, MEMBER

        The case of the complainant precisely is that the complainant, believing assurances of the officials of the OPs about getting good returns on payment of one time premium, obtained two insurance policies from the OPs in the year 2008 i.e. Policy No.LSS2183469 and Policy No.APG2183410, by making payment of Rs.One Lakh each. It is stated that on receipt of above mentioned policy documents, the complainant found them to be for 20 years instead of one year, therefore, he moved application dated 22.10.2008 to the OPs for cancellation of said policies, which they duly received.  It is stated that as directed by the Ops vide letter dated 14.11.2008, the complainant also submitted original policy documents with the OPs but still no refund was made by them. 

        It is submitted that the OP No.1 had given false assurance to the complainant that his Policy No.APG 2183410 had been revised and a new policy No.SAG2846632 has been issued after adjusting the previous premium amount. However, this policy too was found for 20 years period, the complainant lodged his protest with the OPs to which they replied vide letter dated 31.12.2009 stating that the case was being investigated.

        It is stated that in March, 2016, the representatives of the OPs approached the complainant with offer to revise his previous two lapsed policies by depositing Rs.1 lac as one time premium and on this the complainant will get benefit for two present policies including two previous policies collectively with interest after three years i.e. on March, 2019 (Ann.C-10 to 12). It is submitted that two revised insurance policies were issued to the complainant by the OPs but when the complainant received the original policy documents, he again found it to be for 15 years regular premium. The complainant agitated this matter with OPs and he had been assured by the OPs vide letter dated 22.4.2017 that the complaint was under process.  It is pleaded that the complainant was shocked when he received two letters dated 31.3.2019 regarding termination of Policy No.10283185 and Policy No.1028183 along with two cheques of Rs.28,140/- each (Ann.C-14 to C-17).  Hence, this complaint has been filed alleging the above said act & conduct of the OPs as gross deficiency in service and unfair trade practice.

 

2]      The Opposite Parties No.1 to 3 have filed joint written version and while admitting the factual matrix of the case, stated that Policy No.LSS2183469 & Policy No.APG 2183410, both commencing from 3.10.2008 were issued to the complainant as proposed by him and the policy documents were duly delivered to the complainant.  It is stated that the cancellation request made by the complainant in respect of the Policy No.LSS2183469, was later on withdrew by him vide letter dated 30.10.2008 (Ann.R-3) and thus the policy continued as per terms & conditions.  It is also stated that the said policy got lapsed on 2.11.2009 due to non-payment of premium and later on terminated on 3.10.2011 without acquiring any refund value. The Policy No.APG 2183410 was cancelled, as requested and the amount of Rs.1 lakh was refunded to the complainant, which he has not mentioned in the complaint. 

        It is submitted that subsequently the complainant obtained Policy No.SAG 2846632 by filling proposal form on 22.12.2009 and the policy was commenced from 29.12.2009 and it was delivered to the complainant. This policy also got lapsed on 29.1.2011 due to non-payment of renewal premiums and ultimately terminated on 29.12.2012 without acquiring any refund value (Ann.R-7).  It is also submitted that the complainant wrongly mentioned that the premium of the cancelled Policy No.APG 2183410 was utilized by OP in issuing Policy No.SAG 2846632. 

        Thereafter, the complainant proposed for two more policies by filling separate proposal forms in March, 2016 and accordingly, Policy No.10283183 & Policy No.10283185 were issued to the complainant, which were commenced from 31.3.2016.  It is pleaded that the Policy No.10283183 got lapsed on 30.4.2017 due to non-payment of renewal premium and then terminated on 31.3.2019 as per terms & conditions of the policy with surrender value of Rs.28,140/- which was sent & encashed by the complainant.  It is also pleaded that the Policy No.10283185 was also lapsed on 30.4.2017 due to non-payment of renewal premium and then it was terminated on 31.3.2019 with surrender value of Rs.28,410/-which was duly encashed by the complainant.  It is pleaded that the OP Company has acted strictly as per the terms & conditions of the policies.  It is further pleaded that the proposal form shows that the complainant had desired to pay premium annually and not one time as alleged. Denying other allegations and pleading no deficiency in service or unfair trade practice, the OPs have prayed for dismissal of the complaint.

 

3]      Parties led evidence in support of their contentions.

 

4]      We have heard the ld.Counsel for the OPs and have gone through entire documents on record including written arguments.

 

5]      The thorough perusal of the record reveals that the complainant, in all, obtained five insurance policies from the OP Company at different period of time in the year 2008, 2009 & 2016 and challenged the same in the present complaint.

 

6]      The claim of the complainant mainly is that he had opted for all the insurance policies in question from the OPs as a ‘One Time Premium Option’, but the OPs issued the same for regular premium of 10/15/20 years tenure. The stand of the OPs is that the policies in question were issued to the complainant as regular premium policies as has been opted by the complainant himself by filling proposal forms.

 

7]      The record on file especially the proposal forms placed on record by the OPs, which have not been disputed or denied by the complainant, shows that the Premium Frequency Opted by the complainant is Yearly, which proves that the policies proposed by the complainant were not ‘One Time Premium Payment Plan’, as alleged.  Therefore, the act of the OPs in terminating and paying surrender value, as per policy status of respective policies, on account of non-payment of yearly premium is right.  Furthermore, the complainant has not denied or rebutted the stand of OPs that the Policy No.APG-2183410 was cancelled, as requested and the amount of Rs.1 lakh was refunded to the complainant. Hence, no deficiency in service is made out on the part of OPs.

 

8]      Taking into consideration the above discussion & findings, we find no merit in the present complaint. Therefore, the complaint stands dismissed with no order as to costs.

         Certified copy of this order be sent to the parties, free of charge. After compliance, file be consigned to record room.

Announced

19^th April, 2023             

                                                                                       Sd/-

 (AMRINDER SINGH SIDHU)

PRESIDENT

 

Sd/-

(B.M.SHARMA)

MEMBER