Delhi

New Delhi

CC/264/2012

Parveen Kapur - Complainant(s)

Versus

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

02 Jun 2017

ORDER

 

NEW DELHI DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

M BLOCK, 1ST FLOOR, VIKAS BHAWAN, I P ESTATE, NEW DELHI-110002

 

Case No.CC/264/2012                                                                    Dated:

 

IN THE MATTER OF:-

Parveen Kapur

W/O Shri S.C. Kapoor,

R/o H.No. B-41, Neelamber Appartment,

Capt.Satish Marg,

Opposite Sinik vihar, Pitampura,

Delhi-110034.

                                                                                                   ………………………………………COMPLAINANT

VERSUS

 

Aviva Life Insurance Company Ltd.

  2/2-A, 1^st Floor, Universal Insurance Building,

  Asaf Ali Raod Marg

  New Delhi-110002.

 

                                                                              ……………………………………….OPPOSITE PARTY

 

ORDER

NIPUR CHANDANA MEMBER

            The case of the complainant is that she had purchased the Policy bearing no. SLP- 1524756  of the OP Insurance Co. on the continous persuasion of the agent of the Op Mr. Gaurav , who requested the complainant to take the policy from the Op , which will give a lot of benefit to her . As such complainant purchased the alleged Policy and paid a first premium of Rs. 25,000/- on 17.04.2007, thereafter she paid the second premium of Rs.25,000/- on 25.04.2008 .

            It is alleged by the complainant that being a senior citizen, she requested the agent of Op that she is not in position to pay the huge premium of Rs. 25,000/- but on this agent requested her to pay one more premium and assured that thereafter she will get refund of all the premium paid by her  along with  all the benefits of the policy and as  such she deposited a sum of Rs. 25,000/ on account of 3^rd Insurance Premium on 16.03.2009 . It is alleged by the complainant that to her utter shock and surprise  instead of getting back the amount of all premium paid alongwith benefits of policy ,  Op Insurance CO. closed her policy without her consent and sent her cheque bearing no. 322374 dt. 23.06.2011 for a sum of Rs. 25,992/- the same had not been  encashed by her  till date.

            It is alleged by the complainant that she filed a complaint vide e-mail dt. 24.08.2011 with the Op Insurance CO., but no satisfactory reply was given to her. It is alleged by the complainant that the terms and condition on which Op was relying upon were never supplied to her. It is alleged by the complainant that  paying an unjustified amount of Rs. 25,992/- against the sum of Rs. 75,000/- amounts to unfair trade practice and non providing of policy terms and condition amounts to deficiency in service by OP. Hence this  complaint.   

            Notice of complaint was sent to the OP through post , since none appeared on behalf of Op , it was ordered to be proceeded with ex-parte on 3.07.2012 .

            Complainant has filed her evidence by way of affidavit , we have heard the arguments advanced at the bar and have perused the record.

            Complainant has placed of record copy of the premium payment receipts, copy of e-mails exchanged between the parties, copy of letter dt. 24.06.2011, copy of the policy Schedule along with its terms and condition, copy of proposal form in support of her case.

            We have carefully gone through the complaint as well as the annexure attached by it. Complainant has herself attached with her complaint the policy schedule in which date of commencement of policy and date of maturity of policy clearly mentioned, hence the complainant cannot take the shelter of Ignorance of fact regarding the period of premium to be paid by her. Moreover, in her complaint, she had taken the plea that she was not aware of the term and condition of the policy, but the same was attached by herself with her complaint.

     In view of the above discussion, we are of the considered opinion that the policy purchased by the complainant had gone into auto foreclosure mode. We further agreed that the complainant was entitled to the surrender value and the policy could not be revived. As the Ops had acted in accordance with the terms and conditions of the policy we hold that  there was no deficiency in service on their part, however since the surrender  amount of Rs. 25,992 remained with op as complainant  has not and enchased the cheque  in Question  so in the absence of further efforts of OP to give surrender value amount to complainant it is presumed  that op has utilised  it  therefore complainant is entitled to interest on  loss on account of inflation,   hence we  direct it to pay to the complainant surrender value of the policy i.e. 25,992 along with 9% interest from the date of cheque 24/06/2011 till payment. within 30 days from today. With these observation the present complaint is disposed off. File be consigned to  Record Room.

Pronounced in upon court.

 

                                                                          (S K SARVARIA)

   .                                                                          PRESIDENT

 

 

 

                                                (H M VYAS)                               (NIPUR CHANDANA)

                                                MEMBER                                            MEMBER