BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.
Complaint No.:343 of 2015.
Date of Institution: 24.12.2015.
Date of Decision:20.03.2017
Surender Singh aged about 32 years son of Shri Rattan Singh, resident of village Harodi, Tehsil Charkhi Dadri, District Bhiwani.
….Complainant.
Versus
- Reliance General Insurance company Limited, ‘H’ Block, 1st Floor, Dhirubhai Ambani Knowledge City, Navi Mumbai, Maharashtra-400710, through its authorized signatory.
- Reliance Life Insurance Company Limited, 2nd Floor, Ahlawat Complex, Meham Gate, Bhiwani, through its Branch Manager.
- Reliance Life Insurance Company Limited Ground Floor, City Center Opposite I.B. College, Panipat, through its authorized signatory.
…...Opposite Parties.
COMPLAINT U/S 12 OF CONSUMER PROECTION ACT
BEFORE: - Shri Rajesh Jindal, President
Mrs. Sudesh, Member
Present:- Shri Jagdish Sheoran, Advocate, for complainant.
Shri J.P. Tanwar, Advocate for OPs.
ORDER:-
Rajesh Jindal, President:
The case of the complainant in brief, is that the complainant had taken a money back plan policy from the Ops of Rs. 1,41,250/- on 30.05.2013 through agent, vide application No. D-6094813. It is alleged that at the time of obtaining the policy the agent assured for his money back as well as other benefits i.e. medical benefits of the family of the complainant and upto 25,000/- for himself besides the assured guaranteed amount of Rs. 30,000/-It is alleged that the OP also assured that the medical card has been supplied within two months from the obtaining the said insurance policy. It is alleged that the complainant visited several times to the office of OP no. 2 as well make many call to the agent regarding the issuance of medical card, but the OP lingered the matter on one pretext or the other. Hence, it amounts to deficiency in service on the part of opposite parties and as such, he had to file the present complaint for seeking compensation.
2. On appearance, the OPs filed written statement alleging therein that the answering respondent issued the policy no. 51014857 on 31.05.2013 for the policy term 15 years, with paying term of 5 years, for the basic sum assured of Rs. 1,14,250/- for which life assured was to make the yearly installment of Rs. 30,000/- It is submitted that the application for issuance of the policy was received in the office of answering respondent at Panipat and policy in question has been issued. Hence, in view of the facts and circumstances mentioned above, there is no deficiency in service on the part of opposite parties and complaint of the complainant is liable to be dismissed with costs.
3. In order to make out his case, the complainant has tendered into evidence affidavit Mark A and documents Annexure C-1 to C-3.
4. In reply thereto, the counsel for opposite parties has tendered into evidence affidavit Annexure RA and documents Annexure R-1 to R-10.
5. We have gone through the record of the case carefully and have heard the learned counsels for the parties.
6. Learned counsel for the complainant reiterated the contents of the complaint. He submitted that at the time of obtaining the policy the authorized representative of the OP assured that various benefits will be granted by the OP. Then the complainant paid first premium of Rs. 30,000/- to the OP on 30.05.2013. The complainant visited several times to the OP no. 2 but the OP no. 2 did not issue the medical card. A legal notice dated 01.07.2015 was also got served by the complainant on the Ops.
7. Learned counsel for the Ops reiterated the contents of the reply. He submitted that the allegation of the complainant regarding the medical benefit and assured guarantee payment of Rs. 30000/- are false and baseless and there was no question of providing of any medical card as alleged by the complainant. He submitted that a free lock period of 15 days is available to the complainant in case if he is not satisfied with the terms and conditions of the policy then he can return the policy within the said period. As per the terms and conditions of the policy, the complainant was liable to pay the premium of Rs. 30,000/- yearly for a continued period of 5 years. After the payment of the first installment on 31.05.2013, the complainant did not pay the installment for the month of June 2014 and June 2015. The complainant has approached with this Hon’ble District Forum after a period of 2 and half year and thus the complaint of the complainant is time barred. Due to the non-payment of the further premiums by the complainant his policy stands lapsed. The complainant is not entitled to claim any amount from the OPs.
8. We have perused the record carefully. The main facts are not in dispute. The complainant could not bring any cogent evidence on the record that the authorized representative of the Ops made the assurance as alleged by him in his complaint. Admittedly, after the payment of first installment no further installment has been paid by the complainant to the Ops on the due dates. The legal notice has been duly replied on behalf of the Ops. The complainant has placed on the file Annexure C-1 which also enclose the policy schedule, which contains the benefits payable on the base plan like death benefit, maturity benefit, money back benefit. The said policy documents did not support the contention of the complainant. Taking into account every aspect of the case, we do not find any force in the contention of the counsel for the complainant. Resultantly, the complaint of the complainant is dismissed being devoid of merits. Certified copies of the order be sent to the parties free of costs. File be consigned to the record room, after due compliance.
Announced in open Forum.
Dated: 20.03.2017.
(Rajesh Jindal)
President,
District Consumer Disputes
Redressal Forum, Bhiwani.
(Sudesh)
Member
