Orissa

Kendujhar

CC/10/2021

Sri Iswar Chandra Pradhan - Complainant(s)

Versus

The Branch Manager - Opp.Party(s)

N.R Mishra

24 Feb 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KEONJHAR

                                    CONSUMER COMPLAINT CASE NO 10 of 2021

 

Sri Iswar Chandra Pradhan, aged about 49 years,

S/O-Late Trilochan Pradhan resided at-Satasinga,

D.D-College Road, Baniapat, P.O-Keonjhargarh,

P.S-Town, District-Keonjhar,

Odisha-758001,  ……..………………………………………………Complainant

 

                     Versus

1. The Branch Manager, Reliance Nippon Life Insurance Company Limited,

Branch Office At-Reliance Securities Limited,

Near Ram Mandir, Mining Road, P.O-Keonjhargarh,

P.S-Town,  District-Keonjhar-758001.

 

2. The Chief Manager, Reliance Nippon Life Insurance Company Limited,

Registered and Corporate Office At-5^th Floor,

Reliance Centre, Off western Express Highway,

Santacruz(East), Mumbai,

     Maharastra-400055……………………..……………….………………… Opp. Parties    

 

   Present:

Sri B.N.Patra, President

Sri. J.K.Behera, Member I/C

Advocate for complainant-  Nihar Ranjan Mishra

Advocate for O.Ps  1 & 2 – Chinmaya Patra

 

Date of  filing -  01.03.2021                                                           Date of order -24.02.2023

B.N Patra (President)

                                                                                                              

Brief facts of the case is that the complainant had purchased a term life insurance  policy including Health Insurance Plan worth of Rs 35,00,00/- and critical illness rider health insurance for four members of his family worth of Rs 10,00,000/- vide policy No-538,6558 on Dtd 17.11.20 for minimum term coverage up to attaining 75 years of age. He had paid a single premium of Rs 35,024/- and premium paying term is 10 years. The complainant only received the policy documents, but when asked for health card and health policy details the Ops did not supply it. But till date only health policy details are received by complainant. The concerned agent told that the policy has been cancelled. The cause of action arose on 22.2.21.The complainant prays to return the premium   from Ops an amount of Rs 36,759 and Rs 1,00,000/- for mental agony with cost of litigation.

 

The complainant relies on the following documents.

1. Photocopy of insurance policy.
2. Photocopy of money receipt.
3. Computer printout copy sent by Ops.

 

In the above situation the case is admitted & notice issued to Ops. But one interim order passed vide I.A No 1 of 2022 restraining Ops not to debit money them complaint’s account. After receiving the order Ops appeared and filed their written version. Ops strongly denies the complaint. The Ops objected that it is a false allegation of negligence and deficiency of service without any basis just to waste valuable time complainant has harassed and defamed the Opp Party.

 

It is admitted that the complainant had purchased a policy known as Reliance Nippon Life Increasing Income Insurance Plan having policy No-53816538 and the policy holder had paid a single premium amount of Rs 35,024. Mode of payment is yearly for 10 years. Policy issued on 15.11.2020 and the complainant received the documents on dt 19.12.2020.There was a free look period of 15 days after receipt of policy bond to cancelled the scheme. But the policy holder has not exercised the facility. 17^th Nov 21 was the date of premium payment but policy holder did not pay it for which the policy was lapsed as per policy terms and condition and nothing will be paid to complainant as per rules.

Ops has relied on the following documents.

1Proposal form (Photocopy). Annexure series 1

 

Under the above situation following points are to be determined before deciding the case.

 

1. Whether the case is maintainable?
2. Whether cause of action arise on this case?
3. Whether Ops have made any deficiency of service?
4. Whether complainant is entitled to get any relief as sought for?

 

•  

It is revealed from the case record that the complainant has deposited a single premium and company sent policy documents with policy bond. But question arises when the company did not issue health card and health policy details. But Ops submitted that that all details regarding policy have been sent. Due to non deposit of next yearly premium, the policy has been cancelled and the question of returning deposit money does not arise. Here question arises why company did not issue health card. But it is a fact that policy bond and policy details have been issued. The company has not kept the health bond without issuing it. When the complainant pressurized they did not answer it, for which the complainant did not  deposit the next premium. Here deficiency of service by Ops does not arise as this company carry business under the rules and regulation of IRDA. The complainant has not cancelled the policy within 15 days of receipt of bond. So question of return of payment does not arise. The complainant has not made any claim under the policy. As per citation  in LIC  of India & others Vs N.P Nagarathna CPR-2012(2) (NC) “An insurance policy between two parties is based on utmost good faith and breach of the same would justify cancellation by insurance claim”.

So in this situation Ops have not made any deficiency of service and cause of action does not arise in this case. The complainant is not entitled to get any relief. So the case is not maintainable.

 

Order

The complainant case being devoid of merits is dismissed. Parties are to bear their own cost.

Pronounced the order in open Commission today i.e. on dt. 24.02.2023.

 

Free copy be supplied to parties, if applied for.

 

       I   agree 

                                                                 

 ( Sri J. K. Behera)                                                                                    ( B.N. Patra )

   Member,I/C                                                                                (President)

DCDRC, Keonjhar                                                                                          DCDRC, Keonjhar

 

                                                     

Dictated & Corrected by me.

 

                                                           

        

                                                                       ( B.N. Patra )                                                                                                                                                    (President)

                                                                    DCDRC, Keonjhar