Haryana

Ambala

CC/250/2017

Suman Sharma - Complainant(s)

Versus

The Manager LIC - Opp.Party(s)

P.S. Sharma

06 Apr 2018

ORDER

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                                      Complaint case no.        :  250 of 2017

                                                          Date of Institution         :  21.07.2017

                                                          Date of decision    :   06.04.2018

 

 

Suman Sharma d/o Sh. Krishan Lal Sharma, r/o House No.3, Kamal Vihar, Ambala City.

……. Complainant.

 

 

The Manager, LIC Jeevan Sewa Building, Municipal Shopping Complex, Ambala City.

 

 ….…. Opposite Party.

 

Before:        Sh. D.N.Arora, President.

                   Sh. Pushpender Kumar, Member.

Ms. Anamika Gutpa, Member.           

         

 

Present:        Sh. P.S.Sandhu, counsel for complainant.

                    Sh. R.K.Jindal, counsel for OP.

 

 

ORDER:

                   In nutshell, brief facts of the present complaint is that complainant is the holder of LIC Policy bearing no.177559783 dated 27.07.2011  for sum assured of RS. 1,00,000/- and the complainant has paid the installment of Rs. 3464/- dated 27.07.2011, Rs.3464/- dated 31.10.2011, Rs. 3436/- dated 28.07.2012, Rs. 3464/- dated 31.01.2012, Rs. 3464/- dated  31.1.2012, Rs. 3464 dated 02.05.2012, Rs. 3464/- dated 17.11.2012, Rs. 3464/- dated 07.2.2013 and then lump sum Rs. 14, 578/- on dated 28.03.2014. Now, the complainant does not want  to pursue with her  above said policy further and wants to take/withdraw  her above said all the amount alongwith interest. She several times visited the office of the OP and requested to make the payment alongwith which the complainant has deposited with the OP  in her above aid LIC Policy  but he OP is putting of the matter on one pretext or the other. The complainant finding no other option also served the OP with a registered/AD legal notice dated 02.11.2016 requiring the OP to make the payment of the above said policy but OP has failed to comply with the said legal notice.  The complainant further stated that  the OP has failed to provide proper service to her  due to unfair trade and practice of the OP and due to this the complainant has faced so many difficulties, harassment, pain and agony. Hence, the present complaint.

2.               Upon notice, OP has appeared and filed written statement and learned counsel for the OP stated that the policy  no.177559783 was  taken under plan & term 14-55-10 with dated of commencement of 27.7.2011 with Qly. Mode of premium of Rs. 3464/- in which  premium was to be paid for 10  years. But the complainant had paid premium for 2 years 9 months only. The last premium under this policy was paid for 01/2014, after that  the complainant has failed to pay the premium  as the premium  due for  04/2014 was not paid to keep the policy  inforce. So as per the terms and condition of the policy in question nothing is payable  to the complainant  under the policy. He further stated that the policy in question is lying  lapse condition as the premium  due  in 04/2014 was not paid and the duration of policy  is only 2 years 9 months  from the date of commencement, so nothing  is payable to the complainant as per terms and conditions  of policy. As per said Para no.7 of policy bond “The policy can be surrendered for case after the premiums have been paid for at least three years. So in question of requesting by the complainant to the OP for making the payment under the policy in question does not arise at all and the complainant was intimated in this regard. So, there is no deficiency in service on the part of OP and prayed for dismissal of the present complaint.

3                 To prove his version complainant tendered his affidavit as Annexure C/X along with documents as annexure C-1 and C-11 and close her evidence. On the other hand, Counsel for the OPs tendered affidavit as Annexure R/A  alongwith documents as Annexure R-1 & R-4 and close his  evidence.

4.                We have heard both the counsels of the parties and carefully gone through the case file. Admittedly the complainant had purchased a policy no. 177559783 under the plan & term 149-55-10 (LIC’s Jeevan Anand Policy) with date of commencement of 27.07.2011 with Qly mode of premium of Rs. 3464/- in which the premium was paid by 10 years but the complainant has paid the premium 27.07.2011 to 28.3.2014 total amount of Rs. 31898/- has been paid as per Annexure R-4.  The main grievance of the complainant is that she made the request to the OP to refund the paid amount alongwith interest but OP has declined to pay the above said amount. 

On the other hand, the OP has taken the plea that the complainant had paid only premium up to 01.01.2014 i.e for 2 years 9 months. The premium due for 04/2014 was not paid due which the policy is lying lapse condition as per the terms and conditions of the policy as per Annexure R-1. Nothing is payable to the complainant and also draw our attention towards the terms and conditions of the policy in question as under:

Clause No.3- Non- Forfeiture Regulation:- If after at least 3 full years premiums  have been paid in respect  of this policy and subsequent  premium  be not duly paid. This policy shall not be wholly valid but the Sum Assured  as the number  of premiums actually paid  shall bear to the total number originally  stipulated  for in the Policy provided such  reduced  sum be not less than Rs. 250/- the policy  so reduced shall thereafter be free from all liability  for payment of the within mentioned  premium. On policy becoming paid up the special provision will cease to apply.

Clause-5:-   Forfeiture in certain events:- In case the premiums shall not be duly paid  or in case any condition herein contained or endorsed  here on shall be contravened or  in case it found that any untrue or incorrect  statements is contained in the proposal, personal statement, declaration  and connected documents  or any material  information is withheld then and in every such case but subject  to the provisions of section 45 of the Insurance Act, 1938,  wherever  applicable  this policy  shall be void and all claims  to nay benefit  in virtue  hereof shall cease  and determined  and all moneys  that have been paid in consequence  hereof  shall belong  to the corporation excepting  always  in so far as  relief is provided in terms  of the Privileges herein contained or may be lawfully granted by the Corporation.

Clause-7:- Guaranteed Surrender Value:-  This policy  can be surrendered for   cash after the premiums have been paid for at least  three years. The minimum  surrender  value  allowable  under this policy  is equal  to 30 percent  of the total amount of the within mentioned  premiums paid excluding  the premiums  of the  first year and all extra  premiums  and / or additional premiums  for accident  benefit  that may have been paid. The cash value of any existing Guaranteed Additions will also be allowed”.

 

5.                The counsel for the OP also relied upon the judgment rendered by Hon’ble National Commission in case title “2017 (2) CPR 714(NC) Pushpa Devi Vs. Life Insurance Corporation of India” is fully applicable in the present complaint. In view of the above terms and conditions, the complainant has not paid the premium for three years continuously and in view of the terms and conditions clause No.7 the surrender value of the paid amount can be given if the complainant paid the premium at least three years regularly. But in this case the policy of the complainant has already been lapsed and the complainant has failed to prove her case therefore complainant is not  entitled to any relief.  We do not found any deficiency in service on the part of the OP. Hence, the present complaint is liable to be dismissed and same is hereby dismissed.  Copy of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

Announced on : 06.04.2018

 

                            

 

(PUSHPENDER KUMAR)     (ANAMIKA GUPTA)    (D.N. ARORA)

 Member                                  Member                       President