Delhi

New Delhi

CC/182/2013

Savitri Devi - Complainant(s)

Versus

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

02 Aug 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.182/2013                                                                    Dated:

    In the matter of:

Smt. Savitri Devi,

W/o Sh. Dharam Pal,

R/o H.No.1805/9,

Govindpuri Extension,

Kalkaji, New Delhi-110019.

 

                            ……..COMPLAINANT

VERSUS

Aviva Life  Insurance,

2^nd Floor, Prakash Deep Building,

7, Tolstoy Marg, Connaught Place,

New Delhi-110001.

 

Also at

 

 5^th Floor, JMD, Regent Square,

Gurgaon-Mehrauli Road,

Gurgaon-122001.

……..OPPOSITE PARTY

              

ARUN KUMAR ARYA, PRESIDENT

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 had taken Life Insurance Policy bearing No.WLG1319721  with commencement date being 31.8.2006 from the executive of OP who intimated her that she had to pay Rs.1,00,000/-  for a period of 5 years and after completion of said five years, she would get Rs.2,00,000/-as lump sum amount as well as  in case of mis-happening with her life, her family would get a sum of Rs.5 lacs towards death benefit. The complainant paid the said amount by way of cheque to the OP and patiently wait for five years to receive a sum of Rs.2 lacs as promised by the representative of the OP.   After expiry of 5 years complainant visited the office of the OP on 15.9.2011 for getting the sum of Rs.2 lacs against the policy purchased, the official of the OP informed her that she would not get any amount back as the policy in question was in lapse status due to non-payment of the premium.  The complainant narrated whole incident to the official of the OP and requested him to do the needful.  Despite her repeated request to the concerned executive and officials of OP, neither she was given any explanation regarding the nonpayment nor was she entertained properly.  Complainant, therefore approached this Forum for redressal of her grievance.

2.     Complaint has been contested by the OP.  In its written statement OP has not disputed that the policy referred above was issued to the complainant. It is further pleaded that the proposal form for the policy in question was submitted on 21/08/2006. It has been stated that the policy terms and conditions specifically provides for a Free Look Period of 15 days, during which period the policy owner is entitled to review the policy terms and conditions and request for a cancellation,  if dissatisfied with the terms and conditions of the policy. Admittedly, the complainant received the policy documents on 2.9.2006, he failed to exercise his right and filed the present complaint after the lapse of 7 years, hence the claim is barred by limitation and be dismissed on the sole ground.

3.     Both the parties have  filed his evidence by way of affidavits.

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

5.     OP has strongly challenged the issue of limitation, hence need to be decided first.

 

 As per section 24(A) of Consumer Protection Act, 1986 : -

1. The District Forum, the state commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen.

 

2. Notwithstanding anything contained in subsection (1). A complaint may be entertained after the period specified in sub-section (1), if the complainant satisfies the District Forum, the state commission or the National Comission , as the case may be, that he had sufficient cause for not filing the complaint within such period: provided that no such complaint shall be entertained unless the National Commission , the State Commission or the District Forum, as the case may be records its reason form condoning such delay.

6.     On the point of limitation, we are guided by the Hon’ble Apex Court in the case title State Bank of India Vs. M/s B.S. Agriculture Industries 2009 STPL 6945 SC – in that case in para 12 the Hon’ble Supreme Court has held as under :-

“As a matter of law, the consumer forum must deal with the complaint on merit only if the complaint has been filed within two years from the date of accrual of cause of action and if beyond the said period, the sufficient cause has been shown and delay condoned for the reason recorded in writing. In other words, it is the duty of the consumer Fora to take notice of section 24 A and give effect to it.

7.     The complainant had filed the present complaint on 21.2.2013 whereas she had received the policy documents on 2.9.2006.  The complainant has failed to place on  record any document which shows that she approached OP for cancellation of the policy and refund of the deposited amount, and the same was rejected by the OP, hence, in our view in the present complaint, the cause of action accrued on 2.9.2006 i.e. from the date of receipt of policy documents for filing the present complaint. The complainant has filed the present complaint on 21/02/2013 i.e. beyond the period of two years of accrual of cause of action.  Complainant ought to have filed the present complaint within 2 years of the accrual of cause of action, which she failed to do so. Hence, in our view, the present complaint is barred by limitation. We find no merits in the present complaint, same is hereby dismissed.

 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  __02/08/2019

                                       . (ARUN KUMAR ARYA)

                                                 PRESIDENT

(NIPUR CHANDNA)                                                 (H M VYAS)

                       MEMBER                                                               MEMBER