By. Sri. A. S. Subhagan, Member:-

            This is a complaint filed under section 35 of the Consumer Protection Act 2019.

            2.  Facts of the case in brief:-    The Complainant had taken an insurance policy from the Opposite Party, remitting a premium of Rs.742/- on 28.10.1993.  Due to some financial stringency, the Complainant could not pay the subsequent premiums.  But the Opposite Party has not refunded the remitted premium to the Complainant.  The non-refund of the remitted amount together with interest is deficiency in service/unfair trade practice from the part of the Opposite Party.  Hence this complaint with prayers to direct the Opposite Party to pay Rs.5,936/- and compensation.

            3.  On getting notice, version was filed by the Opposite Party, the contents of which are as follows:-

 It is true that the Complainant had taken Policy No.790676501 dated on 28.10.1993 From Sulthan Bathery Branch. The premium was Rs.742/- only. The Complainant had executed a policy bond which contains the terms and conditions of the policy of insurance. The same is in accordance of law and the Complainant is bound by the same. As per the terms and conditions of the policy bond, at least 3 years premium is to be paid for getting surrender value. Therefore, due to lapse of policy as stated above and as per the aforesaid condition, the Complainant is not entitled for refund of the installment or any amount as maturity claim as the policy was not paid for 3 years. Her claim for Rs.5936/- is false, frivolous and vexations to the core. There is no deficiency of service on the part of the Opposite Party. It is further submitted that maturity of the said policy has no legal effect on merits of this case.  A claim for repayment of the said amount is even barred under the general law.  Any claim of the year 1993 is barred after a lapse of 29 years.  Hence, the complaint itself is barred U/s. 24 A of the Consumer Protection Act, 2019.  Hence, prays to dismiss the complaint with costs.

            4.  Chief affidavit was filed by the Complainant.  Exts.A1 and A2 were marked from her side and the father of the Complainant was examined as PW1. For the Opposite Party, Chief Affidavit was filed by one Beena. K, Manager (L & HPF) LIC of India, Divisional Office, Kozhikode.  Ext.B1 and B2 marked from their side and was examined as OPW1 and the complaint was heard on 10.10.2024.

            5.   On the basis of the complaint, version, affidavits filed, documents marked, oral evidences adduced and the arguments of the Parties on hearing, Commission raised the following points for consideration:-

1. Whether the complaint is maintainable…?
2. Whether there has been deficiency in service or unfair trade practice from the part of Opposite Party…?
3. If so, Relief and Cost…?

6.  Point No.1:-  The contention of the Opposite Party is that the complaint itself is barred by limitation.

7.  It is seen that the policy was taken on 28.10.1993 and the date of expiry of the terms of the policy was 28.10.2013 as the terms of the policy was 20 years.  As per the provisions of the Consumer Protection Act a complaint is to be submitted within ‘2’years from the date of commencement of the cause of action arised.  This has not been complied by the Complainant as the term of policy expired on 28.10.2013 and hence the complaint is barred by limitation.  So the complaint is not maintainable and hence it is liable to be dismissed.

8.  Point No.2 & 3:-  As the complaint is not maintainable, we find that Point No.2 and 3 are need not to be considered.        

In the result, the complaint is dismissed.

Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Commission on this the 16^th day of December 2024.

Date of Filing:- 22.06.2022.

PRESIDENT   : Sd/-

MEMBER       : Sd/-

MEMBER       : Sd/-

APPENDIX.

Witness for the Complainant:-

PW1.              George. K. T.                                    Advocate.

Witness for the Opposite Party:-

OPW1.          Beena. K.                                          Manager (L & HPF), LIC of India.

Exhibits for the Complainant:

A1.                  Authorization Letter.                                            Dt:20.01.2023.

A2.                  Jeevan Chhaya Plan Policy Schedule.

Exhibits for the Opposite Party:-

B1.                  Copy of Jeevan Chhaya Plan Policy Schedule.

B2.                  Copy of Office Order.                                           Dt:27.06.2023.

PRESIDENT   :Sd/-

MEMBER       :Sd/-

MEMBER       :Sd/-

/True Copy/

Sd/-

                                                                                             ASSISTANT REGISTRAR

                                                                                                  CDRC, WAYANAD.

Kv/-