Date of filing : 15-06-2010
Date of order : 12-07-2011
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC. 141/2010
Dated this, the 12th day of July 2011
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT. K.G.BEENA : MEMBER
Thirumaleshwara.K, } Complainant
S/o.Krishna Bhat,
R/at Karvaje Nekkiguli House,
Bayar Village and Dharmathadka.Po.
Kasaragod Taluk & District
(Adv.A.Rajagopala, Kasaragod)
1. The Branch Manager, } Opposite parties
Syndicate Bank, Paivalike Branch.
(Advs. K.Sadanandha Kamath, Aysha Thasneema.M
Kasaragod)
2. M/s. Bajaj Alliance Life Insurance Co.Ltd,
D# 3/1,2nd floor, BLACK 6 BSK, 3rd Stage,
Katriguppe Main Raod, Above Udupi Uphar,
Bangalore, Karnataka.
(Adv. K.V.Jayaraj, Hosdurg)
O R D E R
SMT. K.G.BEENA, MEMBER
The case of the complainant Sri. Thirumaleswara.K is that he has availed a Life Insurance policy by name “NEW UNITGAIN” commencing from 2-11-2006 for a sum of `50,000/- with a yearly premium payable at `10,000/- from opposite party No.2 through his agent opposite party No.1. Accordingly the complainant has paid the first premium of `10,000/- on 13-11-2007 through his agent opposite party No.1, which was duly accepted and acknowledged by opposite party No.2 On 29-10-2008 he has paid 3rd premium of `10,000/- to opposite party No.2 through his agent opposite party No.1 which was also accepted and acknowledged by opposite party No.1 subsequently the complainant received intimation from opposite party No.2 on 8-8-2009 that due to non payment of 3rd premium, the policy has been lapsed. Surprised by the same when the complainant approached opposite party No.1, it was learnt that the 3rd premium paid has not been credited to his policy. On enquiry, opposite party No.1 has assured to set right the laches that caused due to their negligence. On 19-02-2010 the complainant has issued a letter to opposite party No.2 requesting to issue a receipt for the payment of 3rd premium which was received without demur. Complainant has availed the policy to safeguard his life and protect his family and due to non-payment of 3rd premium by opposite party No.1, the policy has lapsed and they lost all benefits under policy aforesaid. The lapse of policy is solely due to the utter negligence of opposite party No.1 who is an agent of opposite party No.2. Complainant has deposited `30,000/-, consequent to the non payment of 3rd premium by opposite party No.1 and due to lapse of policy he is entitled only `13356.56 and thus suffered monetary loss of `16,643.44 with interest. Complainant has issued a notice dated 24-02-2010 calling upon the opposite party to pay the premium with interest and damages for which opposite party No.1 issued reply admitting the laches. Eventhough opposite party No1. paid the 3rd premium subsequently after a very long delay complainant lost all benefits under the policy aforesaid due to the grave deficiency of service on the part of opposite parties. Hence the complaint seeking necessary redressal.
2. According to opposite party No.1 the policy is renewed. The allegations and apprehensions made by the complainant are all hypothecated and baseless. The laches if any on the part of opposite party No.1 is due to oversight and mistake which were purely unintentional. The allegations levelled against opposite partyNo.1 is made with ulterior motive and to make unlawful gains. As the policy is renewed the complainant is not entitled for any relief against opposite party No.1. According to opposite party No,2 there is no deficiency in service on their part. The amount was credited towards premium soon after receipt of complaint and the complainant is not entitled any relief from this opposite party No.2.
3. Complainant filed affidavit in lieu of chief-examination and Exts A1 to A13 marked. Complainant faced cross-examination by the counsel for the opposite parties. On the side of opposite parties,filed affidavit in support of their case. Opposite party No.1 examined as DW1. Exts B1 to B4 marked. Opposite party No.2 examined as DW2.
4. Ext.A1 is the policy issued by opposite party No.2 to the complainant. Receipt dated 29-10-2008 for payment of `10,000/- is marked as Ext.A2. The letter of intimation of renewal dated 8-8-2010 is marked as Ext.A3. Notice issued by the complainant to opposite party dated 19-2-2010 with postal receipt is marked Ext.A4. Lawyer notice dated 24-2-2010 is marked as Ext.A5 and reply dated 6-3-2010 and 20-4-2010 issued by opposite party No.1 to the complainant is marked as Ext.A6 and Ext.A7 respectively. Statement of Accounts issued by complainant to opposite party No.2 is marked as Ext.A8. Subsequently the complainant was admitted at Kasturba Hospital on 12-4-2010 and discharged on 17-4-2010. Advance receipt for payment dated 12-4-2010 is marked. Ext.A9 Medical bills issued by KMC Manipal. Ext.A10, inpatient cash bill by KMC by Orthopedic appliance prescription is Ext.A11, cash bill is Ext.A12, Discharge card is Ext.A13. Opposite party No.1 produced certificate for premium dated 2-11-2008 is Ext.B1 certificate for premium paid due dated 2-11-06 is Ext.B3. But these three documents are issued on 24-3-2011 subsequently after filing this complaint.
5. During cross-examination complainant deposed that he met with an accident and undergone a surgery subsequently after filing this complaint. Hence it is not mentioned in the complaint. Due to lapse of policy he has suffered huge monetary loss and mental agony he went to the bank and asked repeatedly to renew the policy.
6. The points arise for consideration are:
1. Whether there is any deficiency in service on the part of opposite parties?
2. If so what order as to relief and costs?
7. In the affidavit filed by opposite party admitted that the delay in reviving the policy has occurred only due to over sight and it was a mistake and Exts B1 to B3 are sufficient to prove that there is no deficiency on the part of opposite party No.1. According to the complainant he has paid the first premium on 2-11-2006, 2nd premium on 2-11-2007 and 3rd premium on 2-11-2008 through his agent opposite party No.1 i.e, Syndicate Bank Paivalika branch. Subsequently the complainant received an intimation from opposite party No.2 M/s Bajaj Allianz Life Insurance Company that the policy has been lapsed. When the complainant approached opposite party No.1, it was learnt that the amount paid to opposite party No.1 has not been credited towards 3rd premium. Eventhough op0posite party No.1 assured to set right the laches thus occurred due to their negligence, they have not taken any steps to set right the laches evenafter receiving lawyer notice from complainant. The purpose of the policy was to safeguard the life of the complaint and subsequently the complainant met with an accident and undergone a surgery after the lapse of policy. The complainant has produced and marked Exts A9 to A13 to prove his surgery in Kasturba Hospital, Manipal from 12-04-2010 to 17-04-2010. It is clear from evidence that the lapse of policy is solely due to the utter negligence of opposite party No.1 who is an agent of opposite party No.2 If the accident was of serious nature who is responsible to compensate the complainant?
8. In his deposition PW2 stated that during the period during which the policy was in lapsed condition will not be considered for the market growth. As a result, due to the grave deficiency of service on the part of opposite party No.1, complainant has to suffer damages.
Hence we are of the view that since the policy has not been renewed in time. Opposite party No.1 is liable to pay compensation and cost to the complainant. Opposite party No.1 is directed to pay `20,000/- as compensation and `3000/- as cost to the complainant. The time for compliance is limited to 30 days from the date of receipt of this order failing which `20,000/- will carry interest @ 9% from the date of complaint till the date of payment. Opposite party No.2 is exonerated from liabilities
MEMBER MEMBER PRESIDENT
Exts.
A1. Life Insurance Policy issued by Ops to complainant.
A2. 29-10-2008 Receipt issued Syndicate Bank for the payment of Rs.10,000/-
A3. Policy issued by Ops to complainant.
A4. 19-02-2010 Notice issued by the complainant to OP No.2 with postal receipt
A5. 24-2-2010 Copy of lawyer notice.
A6. 06-03-2010 Reply issued by OP No.1.
A7. 20-04-2010 Reply issued by OP No.1.
A8. 29-05-2010 Statement of Accounts issued to the complainant by OP NO.2.
A9.12-4-2010 Advance Receipt issued by Kasurba Hospital, Manipal.
A10.Drugs Prescription Slip of Kasturba Hospital, Manipal
A11. Orthopaedic Appliance Prescritpion.
A12. 17-4-2010 Inpatient cash bill.
A13.Discharge card.
B1. to B3 24-03-2011. Certificate for premium paid
B4. Copy of relevant page of the book of postal outward.
B5. Copy of credit slip.
PW1. Thirumaleshwara.K.
DW1. N.Padmanabha
DW2. Sandeep.PR.
MEMBER MEMBER PRESIDENT
Pj/
