West Bengal

Paschim Midnapore

CC/35/2015

Sri Kallal Das - Complainant(s)

Versus

Tata Aig Life Insurance Co.Ltd. - Opp.Party(s)

15 Sep 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

 

Bibekananda Pramanik, President

and

Mrs. Debi Sengupta, Member.

   

Complaint Case No.35/2015

                                                       

                                                              Sri Kallal Kumar Das……………………….……Complainant.

Versus

                                                             Tata Aig Life Insurance Co. Ltd…………….……..Opp. Parties.

 

              For the Complainant    : Self.

              For the O.Ps.                 : Mr. Debashis Maity, Advocate.

                                                    : Mr. Surajit Dutta, Advocate.

 

Decided on: - 15/09/2015

 

                          Bibekananda Pramanik, President - Facts of the case, in brief, is that the complainant is an unemployed youth and while he was trying to get a job, then he met the opposite party no.2 Arup Chakraborty, an agent of opposite party no.1, Tata AIG Life Insurance Corporation Ltd.  Opposite party no.2 assured the complainant that he would provide him with a service in the company of the opposite party no.1 and with that hope, the complainant took seven day’s training in the office of opposite party no.1 at Kolkata.  By practicing fraud upon the complainant, opposite party no.2 managed to get two policies of Tata AIG Life Insurance Corporation Ltd. in the name of the complainant on 16/01/2002 and 28/03/2003. For those two policies being nos.C200143233 dated 16/01/2002 & C200198534 dated 28/03/2003, the complainant had been paying yearly premium of Rs.1,884/- and Rs.10,575/- respectively.  The complainant paid such premium through opposite party no.2 Arup Chakraborty till the year 2004.  On 27/03/2004, the complainant was told that his policies had been lapsed.  In spite of that, they admitted in another letter that they received his yearly premium of Rs.3,993/-.  After noticing various irregularities and illegal activities, the

Contd………………..P/2

                                                                                                           ( 2 )

complainant was compelled to surrender his said policies on 13/02/2006.  The complainant also alleged that the opposite party no.1 has illegally deducted service tax in respect of those policies although there was no such terms and conditions for realizing service tax.  The complainant, therefore, submitted a written complaint regarding such irregularities in the branch office of the opposite party no.1 but of no result.  He submitted further that the opposite party cannot claim service tax from him.  Hence, the complaint, claiming for compensation of Rs.19,50,000/- and for punishment for the opposite parties.

            Both the opposite parties have contested this case by filing a joint written statement.  Denying and disputing the case of the complainant, it is the specific case of the opposite parties that the instant complaint is false, malicious, incorrect, mala fide and is nothing but an abuse of the process of law and it is an attempt to waste the precious time of Ld. Forum as the same has been filed by the complainant just to avail undue advantage.  It is stated that the complainant has filed the present complaint of cancellation of the policy after a period of more than nine years from the date of issuance of the policy which is not allowed as per terms and conditions of the policy and also as per the guidelines issued by the Insurance Regularity Development Authority of India. Further according to the opposite parties, the instant complaint is liable to be dismissed under section 24A of the Consumer Protection Act since the same has been filed beyond the limitation period of two years.  It is stated that the policy in no.C200143233  was issued on 16/01/2002, and the last premium under the said policy was paid on 16/02/2006 and thus the cause of action has to be calculated from the date of last paid premium and in the present case, it shall be calculated from 16/02/2006.  The present complaint has been filed on 31/03/2015, which is after a period of more than nine years.  It is also stated that the complainant did not apt for cancellation of his policies during the free lock period of 15 days nor the complainant ever raised any quarry regarding the policy.  The complainant after knowing the terms and conditions of the policies had voluntarily applied for Insurance Policy and accordingly policies were issued to him.  After availing said policy, the complainant failed to adhere to the terms of the premium payment which was due for renewal on 16/01/2006.  But the complainant did not bother to pay the premium due on 16/01/2006 in spite of receipt of notice and for such non-payment of premium, the policy was lapsed.  Thereafter, the complainant made a request for surrender of his said policy in February 2006. After receipt of all relevant documents, the said policy of the complainant was surrendered on 14/08/2006 and the surrender amount in the sum of Rs.2,411.63/- was paid to the complainant vide cheque no.38490 dated 23/08/2006.  Regarding the other policy being no.C200198534 dated 28/03/2003, it is also stated that the complainant was very much

Contd………………..P/3

                                                                                                                  ( 3 )

irregular in paying premium of that policy.  The opposite party, therefore, claims dismissal of the complaint.

 

Point for decision

Is the complainant entitled to get the relief, as prayed for?

 

Decision with reasons

            In this case, the complainant adduced no evidence but he relied upon some documents. On the other hand, the opposite parties have filed a joint written statement and an affidavit by way of evidence and they have also relied upon some documents.  Admittedly, the complainant took two policies from opposite party no.1 in the year 2002 & 2003 respectively.  It is none but the complainant in his petition of complaint has admitted that he being frustrated was compelled to close/surrender his policies on 13/02/2006.  In their written objection, the opposite parties have stated that they paid the surrender value of that policy bearing no.C200143233 on the request fo the complainant on 14/08/2006 and a cheque for an amount of Rs.2,411.63/- has been issued to the complainant.  Complainant has not denied regarding payment of such surrender value in respect of that policy.  Regarding the other policy, we find from a letter dated, nil submitted by the complainant before the Assistant Director C.A. Department, Paschim Medinipur, that in that letter  he has admitted that he paid premium till 2009. So the cause of action in respect of that policy arose in the year 2009 when the last premium was paid.  About the other policy, we have already stated that the said policy was surrendered in the year 2006 and the complainant also received the surrender value of that policy.  So, the cause of action at best arose in the year 2009 but the present complaint has been filed on 30/03/2015 i.e. long after the period of limitation of 2 years.  So, in view of Section 24A of the Consumer Protection Act, the present complaint is barred by limitation and as such it is liable to be rejected.

                              

                            Hence, it is,

                                                  Ordered,

                                                  that the complaint case no. 35/2015 is  

hereby dismissed on contest without cost.  

   Dictated & Corrected by me

                      Sd/-                                                Sd/-                                   Sd/-

                 President                                         Member                            President

                                                                                                               District Forum

                                                                                                            Paschim Medinipur