Punjab

Ludhiana

CC/19/136

Mr.Sunny Madaan - Complainant(s)

Versus

Pankaj Razdan CEfO & MD Birla Sun Life Ins.Co.Ltd - Opp.Party(s)

S.K.Dhir Adv.

01 Jun 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 136 dated 07.03.2019                            

                            Date of decision:01.06.2023   

 

Mr.Sunny Madaan son of Sh.Harmander Singh, resident of H.No.1013-G, Shaheed Bhagat Singh Nagar, Pakhowal Road, Ludhiana.                                                                                                             ..…Complainant

                                                Versus

1.Pankaj Razdan, CEO & MD, Birla Sun Life Insurance Co.Reg.Off: One India Bulls, Centre Tower-1, 16^th Floor, 841, Senapati Bapat Marg, Prabhadevi, Mumbai-13.

2.Jasvir Kumar, Branch Head/Manager, Birla Sun Life Insurance Co., SCO 16-17, 3^rd Floor, Fortune Chamber, Feroze Gandhi Market, Ludhiana-141001.

                                                                                      …..Opposite Parties

Complaint under section 12 of the Consumer Protection Act.

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

SH.JASWINDER SINGH, MEMBER

MS.MONIKA BHAGAT, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant            :         Sh.S.K.Dhir, Advocate

For OPs                          :         Sh.Ajay Chawla, Advocate

 

ORDER

PER SANJEEV BATRA, PRESIDENT

1.                           The complainant has invoked the jurisdiction of this Commission by raising a consumer dispute against the OPs by alleging deficiency in service and unfair trade practice with regard to not sending the policy documents qua the purchased policy namely “Vision Life Secured’ to the complainant by the OPs despite receipt of payment of premium of Rs.1 lac which was paid by the complainant to OP1 on 18.02.2014 through cheque. So, by filing the present complaint, complainant has prayed that OPs be directed to compensate the complainant with Rs.9,90,000/- for causing unnecessary mental agony, mental tension and physical harassment suffered by the complainant. Further, the complainant has prayed that OPs be directed to compensate the complainant with Rs.10 lacs for unprofessional attitude and for providing deficient service to the complainant.

2.                Upon notice of the complaint, Opposite party No.1 and 2 were duly appeared and filed their written statement and took the preliminary objections qua maintainability of the complaint as no cause of action has ever arisen in favour of the complainant as the complainant has created a false story in his complaint to mislead this Hon’ble Commission by concealing and distorting the facts and circumstances of the present case. The complainant(Life assured) had signed the proposal/application dated 13.02.2014 for the purchase of “ABSLI Vision Life Secure Plan” with the policy term of 15 years, premium paying term of 15 years, basic premium of Rs.99,999.24P per annum and sum assured was of Rs.11,64,000/-. The complainant selected the payment of yearly premium i.e.Rs.99,999.24P. The proposal was accepted on the standard rates based on the information provided by the life assured and consequently, a policy was issued bearing policy No.006404110 dated 25.02.2014 which was commenced on 25.02.2014. Before acceptance of the proposal by the Ops, the contents of the proposal/application form were read and explained to the life assured in the language best known to him and after understanding the same, the same was signed by him. On the basis of the application/proposal form, the policy was issued to the complainant/life assured. It is submitted that the complainant paid only one premium i.e. in month of February 2014 and after that he did not pay any heed to pay further premium. Since the complainant was well aware regarding the terms and conditions of the policy and was one of the advisor/employees of the company and the said policy was sourced through his own advisor code, hence, no such question can ever arise that the complainant was not aware regarding the consequences of non-payment of premium. Since the complainant failed to pay the subsequent premium, the policy stands terminated as per the terms and conditions of the policy. The allegations of the complainant that he did not receive the policy documents are absolutely wrong, false and frivolous allegations. The policy documents were dispatched to the complainant on 30.04.2014 from Mumbai through speed post vide EM085686848IN and the same were attempted to be delivered to the complainant on 6.5.2014, however, the complainant refused to receive the same and the same were returned undelivered.

                   On merits, the opposite parties reiterated the facts stated in preliminary objections and brief facts of the case and denied the deficiency of service on their parties. In the end, a prayer for dismissal of the complaint has been made.

3.                In evidence, the complainant tendered his affidavit as Ex. CA and reiterated his averments of the complaint. The complainant also placed on record documents Ex.C1 is copy of passbook of the complainant, Ex.C2 is copy of reinstatement quotation, Ex.C3 to Ex.C10 are copies of emails correspondence, Ex.C11 is the copy of legal notice dated 20.10.2018 sent by the complainant to the Ops, Ex.C12 and Ex.C13 are the copies of postal receipts, Ex.C14 is copy of reply to the legal notice sent by the OPs and closed the evidence.

4.                On the other hand, the counsel for the opposite parties submitted affidavit Ex. OPA of Ms.Aakriti Manocha, Manager-Legal in the opposite parties along with documents Ex.OP1 is copy of authority letter/power of attorney dated 20.11.2017, Ex.OP2 is the copy of proposal form dated 13.02.2014, Ex.OP3 is the copy of standard terms and conditions, Ex.OP4 is copy of premium paid certificate dated 17.06.2019, Ex.OP5 is copy of reinstatement quotation dated 6.5.2016 and closed the evidence.

5.                Earlier during the course of arguments, on the intervention of this Commission, steps for compromise were taken place. Pursuant to the same, on 30.01.2023, complainant had suffered a statement to the effect that he is agreeable to receive principle amount i.e. Rs.1 lac in lump sum as the basic amount of insurance premium paid, without any interest and/or cost subject to disbursement of Rs.1 lac to him within the period of 30 days from today. Further, he suffered statement that in case, above said amount is not paid within the period of 30 days, the said statement shall be treated as void. Thereafter, at the request of the counsel for the OPs, for seeking approval from the higher authorities, the case was adjourned on various dates for settlement and also the case file was taken up before the National Lok Adalat which was held on 11.02.2023 but the settlement were not effected between the parties.  

6.                When the case again taken up for hearing arguments, counsel for the parties partly addressed the arguments on merits and again question of tentative settlement arose. Counsel for the complainant has reiterated earlier statement of the complainant dated 30.01.2023 and orally requested to this Commission that the complainant is still ready and willing to relinquish his claim in the complaint except Rs.1 lac in lumpsum. Counsel for the OPs was non-committal because lack of specific written communication from the office of the OPs. However, in order to put an end the controversy involved in the present case, this Commission is of the view that the offer put forth by the complainant appears to be reasonable and the OPs were required to come forward to accept the same as full and final settlement of claim of the complainant. So, without adverting to the merits of the complaint, it would be just and proper if the OPs are directed to pay Rs.1 lac to the complainant within 30 days from the date of receipt of copy of this order, failing which, the Ops shall be liable to pay interest @8% per annum to the complainant from the date of decision of this complaint till realization.

 

7.                           As a result of the above discussion, complaint is hereby disposed of with the direction to the OPs to pay Rs.1 lac to the complainant within 30 days from the date of receipt of copy of this order, failing which, they shall be liable to pay interest @8% per annum to the complainant from the date of decision of this complaint till realization. Copies of order be supplied to parties free of costs as per rules.      

8.                File be indexed and consigned to record room.

9.                Due to huge pendency of cases, the complaint could not be decided within statutory period.

 

(Monika Bhagat)           (Jaswinder Singh)            (Sanjeev Batra)                        Member                     Member                         President

Announced in Open Commission                                           Dated:01.06.2023                                                                                    Gurpreet Sharma.