THE KARNATAKA STATE CONSUMER DISPUTES

REDRESSAL COMMISSION, BANGALORE. (ADDL. BENCH)

DATED THIS THE 29^th DAY OF JULY, 2022

PRESENT

SRI RAVI SHANKAR – JUDICIAL MEMBER

SMT. SUNITA C.BAGEWADI – MEMBER

APPEAL NO. 1214/2019

Smt.K.S.Malathi

W/o B.K.Vishwanatha Reddy,

R/o 6^th Cross (west)

JCR Extension,

Chitradurga,

….Appellant/s.

(By Sri/Smt.Karthik Yadav.U.,   Adv.,)

-Versus-

1. SBI Life Insurance Co. Ltd,

Registered and Corporate office,

Nataraj M.V.Road and Westren Express

High way Junction, Anderi (East)

Mumbai-400 069

2. SBI Life Insurance Co. Ltd,

Central Processing Centre,

Kapas Bhavan, Plot No.3A

Sector No.10, CBD,Belepur,

Navi Mumbai-400 614

3. SBI Life Insurance Co. Ltd,

Chitradurga Branch Office,

II Floor, Block No.1,

Swanthal Plaz, BD Road,

Chitradurga-577501

4. SBI Life Insurance Co. Ltd,

Bijapur Branch Office,

I floor, Block No.1,

BIRE complex, 518/A,

Opp. to Govt. Polytechnic,

Bagalkot road,

……….. Respondent/s

(Respondent Nos.1 to 4-by R.Rajagoplan, Adv.,)

: ORDERS:

BY SRI RAVI SHANKAR – JUDICIAL MEMBER

The complainant has filed this appeal against the order passed by the District Consumer Commission, Chitradurga which is dismissed the complaint as there is no deficiency of service. After filing this appeal, the appellant does not appeared before this commission in spite of sufficient opportunity provided to them to submits arguments as to how far she is not agreed with the order passed by the District Commission.

2. On the other hand, the respondent has filed notes of arguments and submits that they paid the surrender value of the policy to the complainant as per the terms and conditions of the policies and submits to dismiss the appeal also.   

3. On going through the certified copy of the order passed by the District Commission and memorandum of appeal, we noticed here that the complainant had obtained policy bearing No.33036584305 for an assured amount of Rs.2,50,000-00 and premium payable of Rs.50,000-00 per year, the policy terms is for ten years, whereas after completion of three years the complainant sought for refund of the entire value of the assured amount. After the letter for surrender received from the complainant, this respondent had paid an amount of Rs.1,32,972-00 after deducting surrender charges on the said value. A sum of Rs.13,314-00 along with fund value of Rs.1,646-00 was deducted and paid to the complainant and the said amount was accepted by the complainant. Subsequently the complainant has also opted for another surrender of the policy bearing no.35048739105. The complainant has paid only premium of Rs.34,766-00, since the police was new one and opted for surrender of the said policy within 15 days of the policy this respondent had deducted only Rs.60,000-00 and paid premium amount of Rs.34,704-00 to the complainant. After receiving the said amount, the complainant has approached the District Commission alleging deficiency of service for deduction of Rs.34,000-00 which was deducted as a surrender charges for the first policy, the District Commission has dismissed the complaint as there is no deficiency of service.  We found there is no any error in the order passed by the District Commission as the respondent/Opposite Party has deducted a surrender charges as per the policy terms and conditions Clause no.4.4 of the policy. We found deduction of surrender charges does not amounts to any deficiency of service on the part of Opposite Party.  The complaint filed by complainant against the Opposite Party alleging deficiency of service on flimsy ground. The District Commission has rightly dismissed the complaint holding there is no deficiency of service. No interference required and according the appeal is also dismissed.  Accordingly, we proceed to pass the following:-

:ORDER:

The appeal is dismissed.  No costs.

Send a copy of this order to both parties as well as Concerned District Commission.

Member.                                                                    Judicial Member.