This case coming on 03-07-2014 before this Forum in the presence of SMT C.UMA DEVI, Advocate for the Complainant and Sri T.H.RAMANATH, Advocate for the Opposite Party, having stood over till this day for consideration, the Forum made the following:

O  R  D  E  R

(As per the Honourable President (FAC) on behalf of the Bench)

1.   The case of the complainant in brief is that the complainant obtained an Insurance Policy from the Opposite Party on 28-01-2006 commencing from 28-01-2006 and date of maturity is 28-01-2052 by paying Rs.1,00,000/- towards premium amount of Unit Gain Super plan and after receiving the amount, the Opposite Party issued a policy bearing no.0015276410 along with one book-let. The complainant misplaced the above policy, and in the month of December, 2010, she traced out the same. Immediately, the complainant approached the Opposite Party and asked them to repay the above said amount of Rs.1,00,000/- or to renew the said policy. As per the directions of the Opposite Party, the complainant submitted a letter on 28-12-2010 and the same was received by the Opposite Party. The Opposite Party  issued a letter stating that the complainant premium was lapsed.  In spite of many requests made by the complainant and also issued legal notice, the Opposite Party acknowledged the same and gave reply dated 29-4-2011 with false allegations. Hence, this complaint.

1. To pass an order directing the Opposite Party to pay an amount of Rs.1,00,000/- with accrued interest at 24% p.a., to the Complainant;
2. To pass an order directing the Opposite Party  to pay an amount of Rs.1,00,000/- towards damages mental agony caused to the complainant;
3. To pass an order directing the Opposite Party  to pay an amount of Rs.5,000/- towards expenses spent by the complainant; and
4. To pass such other relief or reliefs as the Honourable Forum deems fit and proper under the circumstances of the case.

2.   The Opposite Party strongly resisted the claim of the complainant, by contending as can be seen from its counter, the Opposite Party stated that as per the policy agreement, the complainant has to pay the regular premium of Rs.1,00,000/- without fail to keep the policy in active policy and avail the aspects of the policy. But the complainant failed to pay second premium within the prescribed period and also within the grace period. So, the said policy has been in lapsed condition as the complainant did not pay the premium even after grace period. So, the Opposite Party  has no liability to pay any reliefs as prayed by the complainant.

3.   At the time of enquiry, both parties filed affidavits as well as written arguments to support their contentions. Exhibits A1 to A7 are marked for the complainant. Exhibit B1 and B2 are marked for the Opposite party. Heard both sides.

4.   Exhibit A1 is Policy bearing No.0015276410 dated 28-01-2006 issued by the Opposite party, Exhibit A2 is the  Premium Receipt dated 28-01-2006 issued by the Opposite party, Exhibit A3 is the Account Copy dated 03-01-201 issued by the Opposite party, Exhibit A4 is the Lawyer’s Notice dated 07-04-2011 issued by the Complainant to the Opposite party, Exhibit A5 is the Reply sent by the Opposite Party, Exhibit A6 is the Acknowledgement from the Opposite party and  Exhibit                                                                                                                                                                        A7 is the Payment Reference dated 21-05-2012 issued by the Opposite party.

As per Exhibit A1, complainant paid Rs.1,00,000/- towards premium of the said policy. The date of commencement of policy is 28-01-2006 and date of maturity is 28-1-2052 some assured is Rs.5,00,000/-. Exhibit B2 reveals that the Opposite party foreclosure if any regular premium is not paid within the course of only 1^st three years the policy shall lapse and no benefit shall be payable. The policy holder will get an opportunity to revive the policy condition two years from the date of first unpaid premium and If he does not revive during this period, the contract shall be terminated. Surrender value, if any, shall be paid at the end of 3 year or at the end of the revival period of two years.

5.   In view of the rival contentions, the point that would arise for determination in this complaint is:

Whether the Complainant is entitled to the reliefs asked for? If so, to what an extent?

6.   After careful perusal of the case record, we find that the Complainant surrendered the policy to the Opposite Party and the Opposite Party did not give any benefit after request of the complainant. After filing of this compliant, the Opposite Party filed a memo for Rs.1,12,918/- cheque no.730222 dated 21-05-2012 in the name of the complainant and the same was encashed by the complainant. This clearly shows deficiency in service on the part of the Opposite Party. Though the complainant surrendered the policy, the Opposite Party kept quite till 2012 i.e., after 6 years, more over after filing of this compliant, the Opposite Party paid Rs.1,12,918/- only. As there is define deficiency in service on the part of the Opposite party this forum awarded compensation with interest and costs too. Hence, the complainant is entitled to some compensation and costs too.

7.   In the result, the Complaint is allowed, directing the Opposite Party to pay a compensation of Rs.15,000/-(Rupees Fifteen Thousand only) and costs of Rs.3,000/- (Rupees Three Thousand only) to the complainant.  Time for compliance, one month from the date of this order.

Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open Forum, on this the 21^st day of July, 2014.

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Male Member                                     President LIST OF DOCUMENTS

For the Complainant:
 

For the Opposite Party :-   
 

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Male Member                                     President