Date of filing : 10-10-2011
Date of order : 24 -08-2012
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.256/2011
Dated this, the 24th day of August 2012
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT. K.G.BEENA : MEMBER
Janardhanan.C. Noonhi House, } Complainant
Rajapuram.Po, Kasaragod.Dt.
Pin: 671532.
(In Person)
1. The Manager, } Opposite parties
Bajaj Allaince Life Insurance Co.Ltd,
Bengachery Complex, Kanhangad.671315.
2. M/s Bajaj Alliance Life Insurance Co.Ltd,
2nd Floor, Akshaya Commercial Complex,
Bangalore. 560047. Karnataka State.
(Ops 1 & 2. Adv. K.V.Jayaraj, Hosdurg)
O R D E R
SMT.K.G.BEENA, MEMBER
Complainant is a policy holder of Bajaj Allianz Life Insurance Company Ltd. As part of the business promotion, the agent of the opposite parties approached the complainant and collected a sum of `12000/- and issued the policy No.0101200856 dated 18-06-2008. The sum assured was `1,92,000/-. Thereafter the complainant did not paid the instalments as he heard bad opinion about this company. After one year when he asked to refund the paid premium it is informed by opposite parties that he will get the amount only after 3 years. But after 3 years when he approached opposite parties, it is told that the policy is lapsed and it is impossible to refund the amount. Hence the complaint for necessary redressal.
2. According to opposite parties the complaint is liable to be dismissed since the same is not filed within the time limit. The policy was issued on 18-06-2008, which was duly received by the customer. Further for non payment of premium policy got lapsed on 18-07-2009 and the complainant has approached after the limitation period prescribed under the Act. Complainant has filed this complaint with malafide intention to extract money from opposite parties. The complaint is bad for non-joinder of necessary parties as the insurance agent was not been made a party to the complaint. Moreover, after going through the policy condition if the policy holder is not satisfied with the policy he can return the same within 15 days from the date of receipt of the policy. Further there is no cause of action for this complaint.
3. Complainant filed affidavit in lieu of chief examination. Ext.A1 marked. On the side of opposite party Exts B1 & B2 series marked. Both sides heard and documents perused.
4. Now the points arises for consideration are:
1. Whether the complaint is filed within time?
2. Whether the complaint is barred by limitation?
3. Whether the complaint is bad for non-joinder of necessary parties?
4. Whether there is deficiency in service on the part of opposite parties?
5. If so, what is the relief?
5. Points Nos 1 & 2.
The policy was issued on 18-06-21008. After some time he heard some allegations against this company so he did not paid the second premium instead he approached opposite parties for refund of the 1st instalment. Then it is informed to him that he will get it after 3 years. Believing the words of opposite parties, complainant waited till 2011. The term of policy is 19 years commencing from 18-06-2008. It is informed him that he will get the amount after 2 years. i.e. in 2011. He filed this complaint on 10-10-2011. The complaint is not barred by limitation since the maturity of the policy is in 2027. Therefore the complaint is filed well within the time stipulated for filing this complaint. Hence it is not barred by limitation.
6. Point No.3.
PW1 during cross-examination deposed before the Forum that nobody explained him about the terms and conditions of policy at the time of proposing for insurance. He had not read the policy. He further deposed that he received Ext.A1 policy after 4-5 months from joining the policy. According to the complainant, the agent obtained his signature in the proposal form with `12,000/- as the first premium and duly sent to the head office of the company. An important point to be noted here that the agent who alleged to be seduced the complainant did not brought before us. When an allegation of seduction is made by the complaint it was the bounden duty of the opposite parties to examine the agent to prove the contrary, especially when the proposal contains a declaration by the agent that he has explained the nature of questions contained in the proposal form to the applicant and he has also explained the features and benefits of the plan and riders to the applicant and he also confirm that he has not induced or coerced. The declaration itself is a pointer to the fact that there may be chances of inducement and coercion by agents to join in the insurance schemes and the said declaration is printed in order to avoid such complaints.
7. From the evidence let in by the parties and also considering the facts and circumstances of the case we are of the opinion that at the time of canvassing the complainant what is transpired between the agent and Ist opposite party and the complaints as narrated by the complainant is true. Therefore the act of opposite parties amount to deficiency in service. The contention that the complainant ought to have surrender the policy within free lock period of 15 days is also have no legs to stand since the proposal itself was obtained by inducement. A proposal which itself has no legal sanctity make the whole contract voidable at the option of the complainant irrespective of the limited days of free lock period and therefore the complainant are not bound by the terms and conditions of policy.
8. Point Nos 4 & 5:
The claim of the complainant is `12000/-with interest and costs. We are of the opinion that complainant is liable to get the refund of `12000/-.
In the result complaint is allowed and opposite parties are jointly and severally directed to refund `12000/- to the complainant within 30 days from the date of receipt of this order. Failing which 9% interest shall be charged on `12000/- from the date of order till payment.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exts.
A1.Insurnace policy of the complainant.
B1. Proposal form for life insurance.
B2.(a) Identity card of complainant.
B2.(b) Front page of SSLC copy of the complainant.
PW1.C.Janardhanan.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Pj/ Forwarded by order
SENIOR SUPERINTENDENT
