BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM, JALANDHAR.
Complaint No.251 of 2015
Date of Instt. 10.06.2015
Date of Decision :03.05.2016
Pankaj Kumar aged about 38 years son of Ranjit Kumar R/o 165, Guru Gobind Singh Avenue, Jalandhar City.
..........Complainant
Versus
1. The Incharge, HDFC Life Insurance Company Limited, Opp.Commissioner Office, Jalandhar City.
2. The Chairman & Managing Director, Corporate & Regd.Office:- Lodha Excelus 13th Floor, Apollo Mills Compound, N.M.Joshi Marg, Mahalaxmi, Mumbai-40011.
.........Opposite parties
Complaint Under Section 12 of the Consumer Protection Act.
Before: S. Bhupinder Singh (President)
Ms. Jyotsna Thatai (Member)
Sh.Parminder Sharma (Member)
Present: Sh.Naveen Chhabra Adv., counsel for the complainant.
Sh.Prince Tayal Adv., counsel for the OPs.
Order
Bhupinder Singh (President)
1. The complainant has filed the present complaint under section 12 of the Consumer Protection Act against the opposite parties on the averments that complainant got insurance policy bearing No.1541012 on payment of Rs.25,000/- as premium. The complainant submitted that the employee of OPs namely Bharat Nandwani and Rajan told the complainant that the premium is to be paid by the complainant for only two years and same will be refunded with bonus. The complainant paid two yearly installments of Rs.25,000/- each. After completion of two years of policy, the complainant approached the OP No.1 for getting amount alongwith bonus but he was shocked to know from the OP No.1 that the said insurance policy has blocked period of five years. Premium was to be paid for five years regularly and the complainant paid premium for two years only. As such, policy lapsed due to non payment of the premium. The complainant under compelled circumstances delivered one cheque of Rs.25,000/- i.e. cheque No.050391 dated 18.12.2014 drawn on State Bank of India which was received by agent of the OP vide receipt No.231950 dated 18.12.2014 as premium for 3rd year but the OP did not get the said cheque encashed and declared the policy of the complainant lapsed. The complainant approached the IRDA but even IRDA also did not help the complainant. The complainant also filed complaint to the police commissioner in this regard but even no action has been taken by the police authorities. On such averments, the complainant has prayed for directing the OPs to refund the amount of Rs.50,000/- i.e. premium amounts for two years. He has also claimed compensation and litigation expenses.
2. Upon notice OPs appeared through counsel and filed written statement pleading that in order to obtain the insurance policy from the OPs, the complainant filled in and signed the proposal form after admitting its contents as correct as per declaration in this proposal form in which general terms and conditions of the policy have been mentioned. The term of the policy is for 11 years and premium payment term is also 11 years. The amount premium is Rs.25,000/- and its frequency is annual and sum insured is Rs.2,11,726/-. The complainant also signed the most important documents in which all these contentions have been categorically mentioned. Accordingly, policy bearing No.1541012 dated 5.9.2012 with commencement date 31.8.2012 namely “HDFC Life Sampooran Samridhi Insurance Policy” was issued to the complainant which was duly received by the complainant. If the complainant was not satisfied with the terms and conditions of the policy, he could exercise his option to its cancellation within free look period of 15 days from the date of receipt of copy of this policy but the complainant did not do so. The complainant paid two installments of Rs.25,000/-. The 3rd installment was due payable on 31.8.2014 but the complainant did not pay the 3rd installment and as such after a grace period of one month, the said policy lapsed on 30.9.2014 due to non payment of the premium. The OP never received the cheque dated 18.12.2014 as per receipt produced by the complainant because this receipt does not bear signature of any official of the OP nor any stamp of the OP. The OP has cover life risk of the complainant for two years and the policy will lapse due to non payment of the premium. Therefore, the complainant is not entitled to any amount. The OPs denied other material averments of the complainant.
3. In support of his complaint, learned counsel for the complainant has tendered into evidence affidavit Ex.CA alongwith copies of documents Ex.C1 to Ex.C5 and closed his evidence.
4. On the other hand, learned counsel for opposite parties has tendered affidavit Ex.OPA alongwith copies of documents Ex.OP-1 to Ex.OP-6 and closed the evidence.
5. We have heard the Ld. counsel for the parties minutely and gone through the record and have appreciated the evidence produced on record by both the parties with the valuable assistance of Ld. counsels for the parties.
6. From the record i.e. pleadings of the parties and the evidence produced on record by both the parties, it is clear that complainant got insurance policy bearing No.1541012 on payment of Rs.25,000/- as premium. The complainant submitted that the employee of OPs namely Bharat Nandwani and Rajan told the complainant that the premium is to be paid by the complainant for only two years and same will be refunded with bonus. The complainant paid two yearly installments of Rs.25,000/-. After completion of two years of policy, the complainant opposed the OP No.1 for getting amount alongwith bonus but he was shocked to know from the OP No.1 that the said insurance policy has blocked period of five years. Premium was to be paid for five years regularly and the complainant paid premium for two years only. As such, policy lapsed due to non payment of the premium. The complainant under compelled circumstances delivered one cheque of Rs.25,000/- i.e. cheque No.050391 dated 18.12.2014 drawn on State Bank of India which was received by agent of the OP vide receipt No.231950 dated 18.12.2014 Ex.C1/Ex.C3 as premium for 3rd year but the OP did not get the said cheque encashed and declared the policy of the complainant lapsed. The complainant approached the IRDA but even IRDA also did not help the complainant. The complainant also filed complaint to the police commissioner in this regard Ex.C4 but even no action has been taken by the police authorities. The learned counsel for the complainant submitted that all this amounts to deficiency in service on the part of the OPs qua the complainant.
7. Whereas, the case of the OPs is that in order to obtain the insurance policy from the OPs, the complainant filled and signed the proposal form Ex.OP2 after admitting its contents as correct as per declaration in this proposal form in which general terms and conditions of the policy have been mentioned. The term of the policy is for 11 years and premium payment term is also 11 years. The amount premium is Rs.25,000/- and its frequency is annual and sum insured is Rs.2,11,726/-. Not only this, the complainant also signed the most important documents Ex.OP5 in which all these contentions have been categorically mentioned. Accordingly, policy bearing No.1541012 dated 5.9.2012 with commencement date 31.8.2012 namely “HDFC Life Sampooran Samridhi Insurance Policy” was issued to the complainant which was duly received by the complainant. If the complainant was not satisfied with the terms and conditions of the policy, he could exercise his option to its cancellation within free look period of 15 days from the date of receipt of copy of this policy but the complainant did not do so. The complainant paid two installments of Rs.25,000/-. The 3rd installment was due payable on 31.8.2014 but the complainant did not pay the 3rd installment and as such after a grace period of one month the said policy lapsed on 30.9.2014 due to non payment of the premium. The OP never received the cheque dated 18.12.2014 as per receipt Ex.C1 produced by the complainant because this receipt does not bear signature of any official of the OP nor any stamp of the OP. The OP has cover life risk of the complainant for two years and the policy will lapse due to non payment of the premium. Therefore, the complainant is not entitle to any amount. The learned counsel for the OPs submitted that there is no deficiency in service on the part of the OPs qua the complainant.
8. From the entire above discussion, we have come to the conclusion that in order to obtain the insurance policy from the OP, the complainant filled in and signed the proposal form Ex.OP2 after admitting its contents as correct as per declaration on this form Ex.OP2. Not only this, complainant has also signed most important document Ex.OP5 in which it has been categorically mentioned that the term of the policy is 11 years and premium payment term is also 11 years. The amount of premium is Rs.25,000/- and frequency of payment for premium is annual. The sum insured is Rs.2,11,726/-. On the basis of this proposal form, the OP issued policy namely “HDFC Life Sampooran Samridhi Insurance Policy” bearing No.1541012 dated 5.9.2012 with commencement date 31.8.2012 and the said policy documents were duly received by the complainant as complainant has no where mentioned in the complaint that he has not received the policy. If the complainant was not satisfied with the terms and conditions of the policy, he could exercise his option of cancellation of policy within free look period of 15 days from the date of receipt of the policy document but he did not do so. The complainant paid two premiums regularly. The 3rd premium was due payable by 31.8.2014 but the complainant did not pay 3rd premium and as such after a grace period of one month, policy lapsed on 30.9.2014 due to non payment of premium. The complainant alleges that he gave cheque dated 18.12.2014 to the OP for Rs.25,660/- drawn on State Bank of India to agent of the OP who issued receipt Ex.C3 but this cheque was not got encashed by the OP. The OP has alleged that they did not receive this cheque nor this receipt has been issued by the OP as it did not bear signature of any official of the OP nor bears any stamp of the OP. Moreover, this cheque was not got encashed by the OP. Therefore, the amount of this cheque remained in the account of the complainant and as such it stands fully proved on the record that complainant did not pay the 3rd premium of the policy and as such policy lapsed after grace period of one month i.e. on 30.9.2014 due to non payment of the premium nor the complainant made any effort to get the policy revived. The OP has covered the life risk of the complainant for two years. As such, the complainant can not claim any amount against the policy lapsed due to non payment of premium. The OP No.3 was, therefore, justified in not making the refund of amount of premium paid by the complainant to the OP.
9. Consequently, we hold that complaint is without merit and same is hereby dismissed with no order as to cost. Copies of the order be sent to the parties free of costs under rules. File be consigned to the record room.
Dated Parminder Sharma Jyotsna Thatai Bhupinder Singh
03.05.2016 Member Member President
