Delhi

New Delhi

CC/97/2011

Master Suyum - Complainant(s)

Versus

M/S. Bajaj Allianz General Insurance Company Ltd. - Opp.Party(s)

16 Sep 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.97/2011                                      Dated:

               In the matter of:

Master Suyum (Minor)

Trough his father Sh. Laxman,

R/o 2411, 2^nd Floor, Punjabi Basti,

Subzi Mandi, Delhi.

 

            ……..COMPLAINANT

VERSUS

  Bajaj Allianz General Insurance Ltd.

        Through its Manager,

        C-31/32, 1^st  ad 2^nd Floor,

        Connaught Place,

        New Delhi-01.

Opposite Party.

                

NIPUR CHANDNA, MEMBER

ORDER

      

The complainant has filed the present complaint against the OPs under section 12 of Consumer Protection Act, 1986.  The gist of the complaint is that the complainant is a health policy holder of the OP Co. bearing covernote No.OG-10-11018401-00002401 in the month of November 2009 through the Sale Executive, Sh. Lucky of OP. As suggested by the Sale executive, complainant handed over to him cheque bearing No.403577 for a sum of Rs.6010 against the premium for the policy in question.  After the expiry of 15 days, the executive of OP contacted the complainant and asked him to deposit the deficient amount of premium  of Rs.670/- against the policy in question. Accordingly, the complainant handed over the  cheque bearing No.403578 dt. 2.12.2009 for a sum of Rs.670/- to the executive of OP against the deficient amount.   On 27.1.2010, the  complainant was  admitted in  Max Hospital, Delhi was discharged from hospital on 30.1.2010. The complainant came to know from the hospital authorities that his policy is not valid and as such he paid the entire hospital bill. 

2.     After the discharge, the complainant enquired from OP about the validity of policy in question, then only he came to know that his policy was not renewed due to dishonor of cheque of Rs.670/-.  It is alleged that it is the duty of the OP to inform him regarding the dishonor of cheque of Rs.670/- which it failed to do so, this act of OP amounts to deficiency in services on the part of OP, hence this complaint.

3.     Complaint has been contested by OP.  In its written statement,   OP denied any deficiency on its part.  It is further  stated that the policy in question was not renewed due to deficient premium.  The cheque of the deficient amount got dishonored for the reason account in operative and the information of the same was duly conveyed to the complainant by the OP vide its registered letter dt. 10.12.2009. As per 64 V.B. of Insurance Act, the Insurance Co. shall not accept any risk unless it has got the premium amount in advance.  In the case, the complainant has not taken any step to pay the deficient premium; hence, the claim in question was rightly denied being the policy invalid.  

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

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

6.     It is stated on behalf of complainant that it is the duty of the OP to inform him regarding the dishonor of cheque of Rs.670/- which it failed to do so, this act of OP amounts to deficiency in services on the part of OP, hence he is entitled for the relief claim.

 7.    It is argued on behalf of OP that due to dishonor of the premium cheque, the policy in question becomes invalid.  Despite receiving the information of dishonor, no action was taken by the complainant for renewing the policy in question; hence, OP cannot be burdened for the wrongs of the complainant and prayed for the dismissal of complaint.

8.     The Ld. counsel for OP along with the written statement has placed on the record, copy of the letter dt. 10.12.2009 issued by it to the complainant informing him about the dishonor of the premium cheque along with the copy of the postal receipt, as well as the copy of the deficient premium cheque. Perusal of the same make it clear that vide letter dt. 10.12.2009, the OP Insurance Co. informed the complainant about the dishonor of the premium cheque and also make him aware about the future consequences of non-payment of deficient premium as well as requested him to deposit the deficient premium in cash to avoid the cancellation of the policy in question, but the complainant failed to do the needful in this regard.

9.     In view of the above discussion, we are considered opinion that the complainant failed to establish the case against the OP. Therefore,  we find no merits in the complaint,  same is hereby dismissed.

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

Announced in open Forum on  _16/09/2019. 

 

 

(ARUN KUMAR ARYA)

          PRESIDENT

(NIPUR CHANDNA)                                           (H M VYAS)

       MEMBER                                                        MEMBER