Delhi

New Delhi

CC/246/2009

Kamla Devi Rohtagi - Complainant(s)

Versus

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

17 May 2019

ORDER

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI),

 ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

                                               NEW DELHI-110001

 

Case No.C.C.246/2009                                          Dated:

    In the matter of:

Kamla Devi Rohtagi,

W/o Mr. J.K. Rohtagi,

R/o 5695/81, Regarpura,

Karol Bagh,

 New Delhi.

                 ……..COMPLAINANT

VERSUS

Aviva Life  Insurance Co. India Pvt. Ltd.

Through its MD/Chairman/

Director/Concern Officer,

Regd. Office:

2^nd Floor, Prakash Deep Building,

7, Tolstoy Marg,

Connaught Place,

New Delhi-110001.

……..OPPOSITE PARTY

                

NIPUR CHANDNA, MEMBER

ORDER

       

The complainant has filed the present complaint against the OP under section 12 of Consumer Protection Act, 1986.  The gist of the complaint is that the complainant purchased a Save Guard Insurance Policy No.SVG1163944 dt. 31.3.2005 up till 31.3.2014 with the OP for a sum assured amount of  Rs.1,20,000/- for which she paid annual premium of Rs.12,000/- by cheque  dt. 31.3.2005.   The complainant had only signed the said form as she was illiterate and capable of putting her signature only.  The agent of OP told to the complainant to furnish the age proof.  Thereafter, the complainant further paid four half yearly premium amount of Rs.6,000/- each(total Rs.36,000/)  on different dates to the OP.  In the meantime, the complainant had received the insurance policy in question.  On 6.4.2005, the OP sent a letter asking for submission of age proof to the complainant.  The complainant sent a letter dt. 25.10.2007 to the OP for correction of her date of birth, agent of the OP orally assured her that the same shall be rectified.  Vide letter dt. 1.7.2008, OP terminated the policy in question on the ground of false declaration regarding the date of birth by her.  The proposal form was filled by the agent and the error regarding the date of birth was due to his mistake and not because of complainant.  The complainant requested the OP to refund the money deposited but all in vain, hence this complaint.

2.     Complaint has been contested by OP.  It has filed its written statement, wherein it denied any deficiency in services on its part and stated that believing on the representation made by the complainant, it issued a policy in question.  The policy provides “right to reconsider” in which the insured had a 15 days period to review the document and get the policy cancel, if the insured is not satisfied with any of the terms and conditions mentioned therein.  The policy also reflect the date of birth, hence, it is duty of complainant to get it corrected within the 15 days period allotted to her.  The complainant has failed to register her objection during that period, moreover, she further paid four half yearly premium of Rs.6,000/- each  it was presumed that the contract was legally concluded between the parties which was binding on both the parties.  In the declaration clause the complainant herself mentioned that if any untrue statement, declaration and material facts is contained in proposal form, then the Co. shall have the right to cancel the policy, if issued and may forfeit any payment made. As per the declaration, the complainant has concealed the material fact regarding her date of birth and as such the policy was rightly terminated and the amount was forfeited by the OP.  The OP had acted as per the terms and conditions of the policy; the complainant is not entitled for any relief prayed.

3.     Both the parties have filed their  evidences by way of affidavit.

4.     We have heard argument advance at the Bar and have perused the record.

5.     Some facts are not disputed by the parties such as the policy documents, payment of premiums.    Admittedly, the OP issued the policy in  the year 2005. The complainant paid further four premiums of Rs.6,000/- each against the policy in question upto 30.2.2007.  Vide letter dt. 25.10.2007, OP informed the complainant regarding the termination of the policy and forfeit of the amount deposited on the ground that the date of birth filled in the proposal form is not as per the certificate submitted by her.  We have gone through the proposal form; the same was filled in English whereas the complainant had signed the same in Hindi which proves that the contents of proposal form was not filled by the complainant, hence,  the allegation of making untrue statement by the complainant is not justified.  Before receiving the payment and issuance of the policy documents, OP ought to have verified the facts regarding the date of birth which OP failed to do so.  Moreover, OP accepted further four premiums against the policy in question, and suddenly in the year 2007, terminated the policy of the complainant on the issue of wrong declaration of date of birth. The OP collected a total premium of Rs.36,000/- from the complainant, since 2005 to 2007 i.e. for two years after receiving five installments, OP terminated the policy which is unjustified and arbitrary and amounts to deficiency in service on its part.

6.     We, therefore, hold OPs guilty of deficiency in services and direct it as under:

1. To pay a sum of Rs.36,000/-  to the complainant along with 9% interest from the date of filing of complaint i.e. 11.2.2009 till its realization.

 

2. To pay a sum of Rs.10,000/- for compensation which will  also include the cost of litigation.

 

 

This final order be sent to server (www.confonet.nic.in A copy each of this order be sent to both parties free of cost by post. File be consigned to Record Room.

 

Announced in open Forum on  17/05/2019

 

 

(ARUN KUMAR ARYA)

          PRESIDENT

(NIPUR CHANDNA)                                                  (H M VYAS)

       MEMBER                                                                MEMBER