Complainant Dharamjot Singh through the present complaint filed under Section 12 of the Consumer Protection Act, 1986 (for short, ‘the Act’) has prayed that the opposite parties be directed to continue his policy and accept the 3^rd installment as he is willing to continue his policy for three years.

2.      The case of the complainant in brief is that he had obtained a policy No.50317138 dated 16.8.20012 vide payment of Rs.4941/- to the opposite party no.1 and as such he is consumer of the opposite party no.1. It was stated that due to unavoidable circumstances he could not deposit the second installment but the same was paid by him to the company on 28.12.2013 for Rs.5570/- the detail of which is as under:-

       Actual Amount            Interest paid                                Total

         Rs.4943.84                     Rs.626/-                               Rs.5570.00

and the same was accepted by the company vide their receipt No.WCCO21243005 dated 28.12.2013. The complete address of the company is given in para no.4 of the complaint. It was further stated that 3^rd installment becomes due for 16.8.2014 whereas the policy in question was for a period of three years. It was also stated that complainant approached the opposite party no.1 about a week ago with the request that collect the amount of 3^rd installment but the company had not accepted the same which was against the rules and regulations of the policy in question, hence this complaint.  

3.       Upon notice, the opposite parties appeared through their counsel and filed the written reply. In para no.2 of the preliminary objections it was stated that as per the rules 9.2.2 & clause 9.2.5.1 of the policy terms and conditions which is reproduced as under:- 9.2.2 “A lapsed policy may be revived within 90 days of the due date of 1^st unpaid premium by paying arrear of premium alongwith prevailing rate of interest subject to medical examination, if requested by the company at the own expenses of the policy holder” 9.2.5.1 “A written application for revival is received from the policy holder by the company within 90 days of the 1^st unpaid premium”. It was stated that the 2^nd premium was due on 16.8.2013 and as such the complainant can revive the policy till 14.11.2013 as per terms & conditions of the policy whereas the complainant allegedly paid the premium on 28.12.2013 which was beyond the 90 days due to which policy cannot be revived. On merits it was stated that complainant did not revive the policy within 90 days and the policy was lapsed and an amount of Rs.5570/- deposited by the complainant vide receipt dated 28.12.2013 were refundable. All other averments made in the complaint have been denied and lastly the complaint has been prayed to be dismissed with                                                                            costs.        

4. Complainant tendered into evidence his own affidavit Ex.C1 alongwith other documents Ex.C2 to Ex.C7 and closed the evidence. 
5. Gurdeep Singh authorized signatory tendered into evidence his own affidavit Ex.OP-1 and closed the evidence.

6.       We have duly considered the pleadings of both the parties; heard the arguments advanced by their counsels and have also appreciated the evidence produced on record with the valuable assistance of the learned counsels for the purpose of adjudication of the present complaint.

7.       From the pleadings and evidence on record we find that the complainant obtained a policy No.50317138 dated 16.8.2012 and paid the first premium of Rs.4941/- to the opposite parties. We further find that he did not deposit the second premium in time i.e. on 16.8.2013 when it was due and the same was deposited on 28.12.2013 after more than 90 days. The policy was lapsed and as per the terms and conditions of the policy a lapsed policy may be revived within 90 days of the due date of Ist unpaid premium. We find that in the present case the 2^nd premium was due on 16.8.2013 and as such policy could be revived till 14.11.2013 whereas the complainant has paid the premium on 28.12.2013 which is after the passing/expiry of 90 days. As the policy could not be revived within 90 days, the same is lapsed and an amount of Rs.5570/- deposited by the complainant is refundable. Hence, the complaint is disposed off with direction to the opposite parties to refund Rs.5570/- within 30 days from the receipt of copy of orders failing which they will pay the above mentioned amount alongwith interest @ 9% P.A. from the date of order till actually paid. No order as to costs.   

8.      Copy of the order be communicated to the parties free of charges. After compliance, file be consigned to record.

                                                                                           (Naveen Puri)

                                                                                                    President.                                                                                         

ANNOUNCED:                                          (Jagdeep Kaur)

MAY 4, 2015                                                         Member.

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