Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 172.
Instituted on : 17.03.2020.
Decided on : 11.05.2022.
- Amit age 31 years s/o Sh. Mohender Singh Ahlawat R/o H.No.467, Sector-14, District Rohtak.
- Anu age 29 years, D/o Sh.Mohender Singh Ahlawat R/o H.No.467, Sector-14, Distt. Rohtak.
……….………..Complainants.
Vs.
The Life Insurance Corporation of India, through its Sr. Divisional Manager/Incharge, having its office at Subash Road, Opp. Radio Station, Rohtak.
..…….……….Opposite party.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR.SHYAM LAL, MEMBER.
Present: Sh. Anurag Malik, Advocate for the complainant.
Sh. Sameer Gambhir Advocate for the opposite party.
ORDER
NAGENDER SINGH KADIAN PRESIDENT:
1. Brief facts of the case are that complainant No.1 availed one life insurance policy bearing no.174980416 dated 28.03.2006 for a term of 12 years from the respondent and complainant No.2 availed one life insurance policy bearing no.174981579 dated 28.03.2006 for a term of 12 years from the respondent. The sum insured of both the policies was Rs.50000/- each. At the time of purchasing the said policy agent of opposite party and its officials told the complainants that they will get Rs.50000/- on maturity plus bonus. The complainant no. 1 has received Rs.7500/- on 28.03.2010, Rs.7500/- on 28.03.2014 and on maturity received Rs.26132/- on 31.03.2018. Complainant no.2 has also received the amount of Rs.7500/- on 28.03.2010, Rs.7500/- on 28.03.14 and on maturity he received Rs.25928/- on 31.03.2018. Opposite party has paid short payment of Rs.8868/- and 9072/- of both the policies. Complainant’s father has filed various applications before the higher authority, RTI etc. and in response of it opposite party has paid Rs.1200/- only in both policies but failed to pay the remaining amount of Rs.7672/- and Rs.7872/-. The alleged amount has not been paid to the complainants despite their repeated requests. Hence this complaint and it is prayed opposite party may kindly be directed to pay the amount of Rs.7672/- and Rs.7872/- respectively alongwith interest, compensation and litigation expenses to the complainants as explained in relief clause.
2. After registration of complaint, notice was issued to the opposite party. Opposite party in its reply has submitted that as per terms and conditions of policy, if the premium of policy have been fully paid and life assures survives upto the date of maturity, then maturity claim will be as total amount of premiums paid (excluding extra/optional rider premium, if any) + loyality addition declared if any in the said valuation year-(less) survival benefit amounts paid earlier. The policy conditions are duly described on the face of the policy. As per conditions of the policy Rs.50000/- are payable in case of death of life assured occurs during the term of the policy. The answering respondent has duly paid all the dues as per terms and conditions of the policy as duly described on the face of the policy. It is denied that the amount of Rs.7668/- and Rs.7872/- has been less paid to the complainants. Complainants are not entitled for any relief. There is no deficiency in service on the part of opposite party and dismissal of complaint has been sought.
3. Ld. counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C2 and has closed his evidence on dated 13.04.2021. Ld. counsel for the opposite parties have tendered affidavit Ex.RW1/A, documents Ex.R1 to Ex.R4 and closed his evidence on 09.03.2022.
4. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
5. In the present case the grievance of the complainant is that the sum assured in both the policies availed by the complainants was Rs.50000/- each but at the time of maturity of both the policies, amount of Rs.7668/- and Rs.7872/- respectively have been less paid to the complainants. To prove the same complainant has placed on record two premium receipts Ex.C1 and Ex.C2 respectively. Ld. counsel for the complainants has further submitted that as per premium receipts ExC1 & Ex.C2, sum assured is Rs.50000/- and the complainants have submitted the premium amount on yearly basis. The main terms and conditions have not been mentioned by the insurance company upon these receipts. Hence complainant is entitled for the sum assured i.e. Rs.50000/- at the time of maturity. On the other hand ld. counsel for the respondent has contended that the detailed policy bonds have been issued by the respondents against the policy no. 174980416 and policy no. 174981579 respectively and detailed terms and conditions have been mentioned in the above policy. As per terms and conditions, maturity benefits have already been given to the complainant.
6. We have also perused the policy bonds Ex.R1 and Ex.R2, whereby under the head Maturity benefits, It is submitted that : “Total amount of premiums paid (excluding extra/optional rider premium, if any) + loyalty addition declared if any in the said valuation year-(less) survival benefit amounts paid earlier”. Hence the maturity amount of policy has already been paid to both the complainants as per terms and conditions of the policy. As such complainants are not entitled for any relief and present complaints stands dismissed with no order as to costs.
7. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
11.05.2022.
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Nagender Singh Kadian, President
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Tripti Pannu, Member.
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Shyam Lal, Member
