IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.NO.315/13
Dated this, the 29th day of November 2014
PRESENT:
SMT.P.RAMADEVI : PRESIDENT
SMT.BEENA K.G : MEMBER
SMT.SHIBA.M.SAMUEL : MEMBER
M.Muhammed Kunhi,
S/o M.Hassan Kutty, Ra/t Mooladukkam House, : Complainant
Muliyar PO, Kasaragod. Dt.
The Chief Manager, LIC of India,
Kasaragod Branch,M.G.Road Kasaragod. : Opposite party
(Adv.A.B.Nair,Kasaragod)
ORDER
SMT.P.RAMADEVI : PRESIDENT
The facts of the complainant in brief are that the complainant had taken a LIC policy No.794535443 dt.17/11/2005 for an amount of Rs.105000/- from opposite party and he paid some premium . Since he was working abroad he was not in a position to pay the premium in time. Hence the policy was lapsed and now he wanted to revive the policy and then he approached the opposite party and requested to revive his policy. But the opposite party refused and the complainant came to know that the latest instruction of the LIC for revival of lapsed policy by nonpayment of premium is to be considered without charging the interest for the arrears. Hence he filed the complaint for the necessary relief.
2. Opposite party filed version admitting the policy obtained by the complainant and the opposite party further submitted the complainant had paid only three half yearly premium of Rs.3580/- each. The policy is to be matured on 17/11/2021 and the policy was lapsed by nonpayment of premium due on 17/5/2007 and so far the complainant paid only 3 half yearly premium and as per the conditions of the policy Condition No.3 specifically states that the revival of the policy can be done only within a period of 5 years from the date of the Ist unpaid premium and before the date of maturity on submission of proof of continued insurability to the satisfaction of the corporation and payment of all arrears of premium together with interest at such rate as may be prevailing at the time of payment. compounding half yearly and here the complainant applied for renewal of lapsed policy as per letter dt.16/11/2013 which was received by the opposite party on 19/11/2013 and hence opposite party was not in a position to revive the policy and the same is informed to the complainant. It is further submitted that the opposite party launched a campaign of revival of lapsed policy from 5/8/2013 to 31/10/2013 and it was also published that the policy lapsed up to 5 years alone can be revived and the complainant submitted the application for revival after 5 years hence the opposite party could not revive the policy. Opposite party also denied all the allegation made against them by the complainant.
3. Complainant’s authorized agent examined as PW1 and Exts. A1 to A3 were marked. On the side of opposite party no oral evidence adduced, Ext.B1 to B6 were marked. Heard both sides and documents perused.
4.Now the points arise for consideration are
- Whether there is any deficiency service on the side of opposite party ?
- If so what is the relief
5. The case of the complainant is that he obtained LIC policy from opposite party and the same was lapsed due to nonpayment of premium . It is an admitted fact. The allegation raised by the complainant is that the opposite party refused his application for revival illegally. In order to substantiate his case complainant produced Exts.A1 to A3 documents. Ext.A2&A3 are the letters issued by the opposite party to one Smt. M . Mimoonath in Policy No. 794501886 . These documents are no way connected to this case. The policy number in this case is 794535443 in the name of Hassan Kutty .
6. In order to substantiate the case of the complainant he produced the copy of order of the Hon’ble State Commission in appeal No.311/2010 . According to the complainant the facts in the above appeal and the facts of the case under consideration is similar in nature and in that order the Hon’ble State Commission decided the case in favour of the complainant . We perused the above mentioned order of the Honble State Commission and it is found that even though the order is in favour of the complainant , the said case was settled between parties from the district forum and only on the basis of that settlement the Dist.Forum and the Hon’ble State Commission passed an order in favour of the complainant. Here the parties are not settled the matter hence the complaint is to be decided on merits.
7. The specific contention of the opposite party is that they are not in a position to revive the policy since it is against the policy conditions. The 3rd condition is ‘’ revival of discontinued policies when the premium is not paid within the dates of grace the policy lapses. It may be revived during the life time of the life assured, but within a period of 5 years, from the date of the Ist unpaid premium and before the date of maturity , on submission of proof of continued insurability to the satisfaction of the corporation and the payment of all arrears of premium together with interest at such rate as may be prevailing at the time of payment compounding ½ yearly. The Corporation , reserves the right to accept with modified terms or decline revival of discontinued policy . The revival of discontinued policy shall take affect only after the same is approved by the corporation and is specifically communicated to the life assured”
8. As per the above condition the lapsed policy can be renewed within a period of 5 years from the date of Ist unpaid premium and before the date of maturity. Here the first unpaid premium policy date is 17/5/2007 and the application for revival is submitted on 16/11/2013. As per the above condition the complainant has to submit his application within 5 years ie 16/5/2012. Here the complainant fails to submit the application in time hence it is violation of policy condition. Therefore we cannot find any deficiency in service on the part of opposite party . There is no merits in the complaint and hence it is liable to be dismissed.
In the result complaint is dismissed without cost.
Exts:
A1- policy
A2&A3-letter issued by opposite party
B1&B2- insurance policy
B3-copy of notification of revival of lapsed policy
B4-copy of circular
B5- Notice
B6-reply notice to complainant
PW1-Sabira-wife of complainant
MEMBER MEMBER PRESIDENT
eva
