Date of Filing :01.04.2021
Date of Disposal :06.03.2024
BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)
DATED:06.03.2024
PRESENT
HON’BLE Mr JUSTICE HULUVADI G RAMESH : PRESIDENT
Mr K BSANGANNANAVAR: JUDICIAL MEMBER
Mrs DIVYASHREE M:LADY MEMBER
APPEAL No.347/2021
1. Aditya Birla Sun Life Insurance Co. Ltd.,
Regd. Office:
One India Bulls Centre,
Tower-1, 16th Floor,
Jupiter Mill Compound,
No.841, Senapathi Bapat Marg,
Eiphinstone Road,
Mumbai - 400013.
Rep. by its Authorised Signatory
Maharashtra
2. The Manager
Aditya Birla Sun Life Insurance Co. Ltd.,
Opp: SLV Nursing Home,
Parvathi Nagar, Bellari Appellants
(By Mr Prashanth T Pandit, Advocate)
-Versus-
Smt Anjinamma
W/o Sri Bheemayya,
Aged about 62 years,
Occ: Household,
R/at Iqbalnagar,
Raichur Respondent
-:ORDER:-
Mr JUSTICE HULUVADI G RAMESH : PRESIDENT
1. This Appeal is filed under Section 41 of Consumer Protection Act 2019 by OPs, aggrieved by the Order dated 28.01.2021 passed in Consumer Complaint No.08/2019 on the file of District Consumer Disputes Redressal Commission, Raichur (hereinafter referred to as District Commission).
2. Heard the arguments of learned Counsel for Appellant. Service of notice on Respondent is dispensed with. Perused the Impugned Order and grounds of Appeal.
3. The District Commission after enquiring into the matter, allowed the Complaint in part with cost and OPs are jointly and severally held liable to pay total sum Rs.84,700/- to the Complainant with interest @ 8% p.a from the Date of Complaint till realisation, within one month from the Date of the Order.
4. Aggrieved by this order, OPs are in Appeal, contending that District Forum failed to note that the relief claimed by the Complainant is against the settled principles of Insurance of law and Terms & Conditions. The Complainant cannot claim anything more than what is covered under the Policy and the liability of Insurer cannot extend more than what is covered by Policy, whatever be the amount entitled. The Insurer has acted as per the Terms and Conditions of the Policy and it cannot be termed as deficiency in service and thus seeks to set aside the Impugned Order by allowing the Appeal.
5. It is an admitted fact that the late Bheemrayya, the deceased insured on 21.01.2103 had obtained the Insurance Policy bearing No.005929255 from the OPs with the Sum Assured being Rs.1,15,500/- and one Mr Manoj who is a Minor, is the Nominee and the Complainant was the Guardian of the Nominee to the said Policy. The deceased insured died on 21.09.2018 and subsequently, the Complainant had submitted all the relevant documents to the OPs, but OPs paid a sum of Rs.45,302/- only. The allegation of the Complainant that OPs have not paid the sum assured of Rs.1,15,000/- under the Policy and OPs have to pay the balance amount.
6. On the contrary, OPs have taken a stand that, as per Policy, Life Assured was required to pay a Premium of Rs.6,695.30 for 20 years, but, the DLA has paid only 4 Renewal Premiums amounting to the Rs.26,496.82 At the time of death of the Life assured, the Policy was lapsed in condition due to non-payment of Annual Premiums, the Policy has acquired paid up status. Therefore, the Life is covered, but, benefits are reduced and beneficiary is entitled to receive only the fund value, which works out to Rs.45,302.14 and the same has been paid to the Complainant through NEFT facilities on 29.05.2018.
7. The observation of the District Commission in Para 19 of its Impugned Order recorded that ‘Ex-P6 is the Premium Paid Certificate issued by the OPs in respect of policy bearing No.005929255 dated 23.04.2018, which clearly indicates that, the Policy Holder has paid the Premium amount of the policy for the period from 25.01.2013 to April 2018, but the death of the Policy holder has occurred on 29.01.2018. So it shows that, the Policy Holder has paid the Premium amount of the above said policy till his death i.e., upto April 2018. So the question of premium dues as contended by the OPs does not arise.
8. Thus, in view of the Premium amounts stands paid from the Date of commencement of the policy from January 2013 up to April 2018, since the policy is of annual premium and question of premium due under the policy does not arise as on the date of death of policy holder. The decision of Hon’ble Supreme Court in the case of LIC of India Vs Anuradha reported in III (2012) CPJ 12 SC relied upon by the Appellant is not applicable to the present case on hand. In the circumstances, there are no strong reasons for this Commission to interfere with the Impugned Order and accordingly, Appeal is Dismissed. Consequently, Impugned Order dated 28.01.2021 passed in Consumer Complaint No.08/2019 on the file of District Consumer Disputes Redressal Commission, Raichur is hereby confirmed and the OPs are jointly & severally held liable to pay the balance of Sum Assured of Rs.69,698/- under the subject Policy, with interest @ 8% p.a, Rs.10,000/- towards pain and sufferings and Rs.5,000/- as cost of the litigation to the Complainant within 30 days from the Date of this Order.
9. The Statutory Deposit in this Appeal is directed to be transferred to the District Commission for the needful.
10. Send a copy of this Order to the District Commission, as well as to the parties concerned, immediately.
Lady Member Judicial Member President
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