Karnataka

Chitradurga

CC/100/2017

B.N. Nandini. - Complainant(s)

Versus

The Manager, - Opp.Party(s)

K.A Nagaraj reddy

23 Jun 2018

ORDER

COMPLAINT FILED ON:17/10/2017

DISPOSED      ON:23/06/2018

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

 

CC.NO: 100/2017

 

DATED: 23^rd JUNE 2018

 

PRESENT: - SRI. T.N. SREENIVASAIAH  : PRESIDENT                                   B.A., LL.B.,

                   SRI.N. THIPPESWAMY        : MEMBER

                          B.A., LL.B., PGDCLP   

 

……COMPLAINANT/S	Smt. B.N. Nandini, W/o P. Sathish Kumar, Age:34 Years, R/o RMC Yard, I Cross, Gumasta Colony, Chitradurga.   (Rep by Sri.K.A. Nagaraja Reddy, Advocate)
V/S
…..OPPOSITE PARTIES	1. The Manager, HDFC Standard Life Insurance Company Limited, 11th Floor, Lodha Excelus, Apollo Mills Compound, N.M.  Joshi Road, Mahalaxmi, Mumbai-400011.   2. Mrs. Mitilda Stanley, Sr.Vice President-Operations, HDFC Standard Life Insurance Company Limited, 11th Floor, Lodha Excelus, Apollo Mills Compound, N.M.  Joshi Road, Mahalaxmi, Mumbai-400011.   3. The Chief Grievance Redressal Officer, HDFC Standard Life Insurance Company Limited, 11th Floor, Lodha Excelus, Apollo Mills Compound, N.M. Joshi Road, Mahalaxmi, Mumbai-400011.   4. K. Chandrahas, Insurance Ombudsman, HDFC Standard Life Insurance Company Limited, 11th Floor, Lodha Excelus, Apollo Mills Compound, N.M.  Joshi Road, Mahalaxmi, Mumbai-400011.   5. The Branch Manager, HDFC Bank, Branch Office, Challakere Town, Chitradurga District.   (Rep by Sri.B.S. Shivamurthy, Advocate)

ORDER

SRI. T.N. SREENIVASAIAH:   PRESIDENT

The above complaint has been filed by the complainant u/Sec.12 of the C.P. Act, 1986 for the relief to direct the OPs to pay a sum of Rs.2,71,153/-and to pay Rs.50,000/- along with interest at the rate of 18% p.a towards mental agony, to pay Rs.1,00,000/- towards deficiency in service, costs and such other reliefs.

2.      The brief facts of the case of the above complainant are that, she obtained HDFC Life Sampurna Samridhi Insurance policy bearing No.15298188 for a tenure of 5 years by paying half yearly premium amount of Rs.12,886/- through OP No.5 Bank A/c No.23401000001981 to OP No.1.   The Head Office is situated at Mumbai.  The above said policy was matured on 14.07.2017 but, not settled the entire maturity benefits and paid the partial payment to the complainant i.e., Rs.1,28,847/- on 18.07.2017.  The OPs have assured the complainant to pay the entire maturity benefit of Rs.4,00,000/- but not paid the same till today.  The OPs have obtained the entire documents for settlement but, they have not settled the claim, they have paid only a partial payment on 18.07.2017 and they are still due for a sum of Rs.2,71,153/- to the complainant towards maturity benefit as assured by them.  The OPs have failed to discharge their duty promptly.  The complainant approached the OPs for so many times but, they went in vain.  Finally, the complainant has issued legal notice to the OPs on 18.08.2018, the same has been served to the OPs.  After service of notice, OPs have not settled the claim.  The cause of action for this complaint arose on 14.07.2017 when the date of maturity of policy and the date of receiving the partial amount on 18.07.2017 and the legal notice issued on 18.08.2017 which is within the jurisdiction of this Forum and therefore, the complainant has respectfully prayed before this Forum to allow his complaint with cost. 

3.      On service of notice, OPs appeared through Sri. B.S. Shivamurthy, Advocate and filed version.  According to the version filed by the OPs, it is true that, the complainant has taken HDFC Life Sampurna Samridhi Insurance policy bearing No.15298188 for a tenure of 5 years by paying annual premium amount of Rs.12,886/- subject to terms and conditions as stated therein.  The copy of proposal form has been duly signed by the complainant.  It is further submitted that, as per Sampurna Samridhi Policy plan opted by the complainant, the sum assured to be paid upon maturity was calculated at Rs.91,978/- and further and further guaranteed benefits as payable to the complainant or the nominee of the complainant either upon the maturity of the policy or upon death of the policy holder was a sum of Rs.1,25,948/-.  It is further submitted that, as per the Sampurna Samridhi Policy plan, the OPs have paid the maturity benefits to the complainant upon lapse of the agreed policy tenure of 5 years as on 18.07.2017 for a sum of Rs.1,28,847/- was transferred to the Bank A/c of the complainant vide NEFT Transaction No.707183902925 as admitted by the complainant in her complaint.  It is further submitted that, the sum insured under the said policy was Rs.4,00,000/- as alleged by the complainant is baseless and denied as false.  The policy benefits illustration as duly signed by the complainant clearly states that, the guaranteed benefits under the policy is a sum of Rs.91,978/- as the said amount has been also mentioned the sum insured under the policy proposal form as duly signed by the complainant.  Further the higher maturity benefit was settled to the complainant as being a sum of Rs.1,28,847/- was paid with the entire bonus concerned sum accrued under the policy.  Further it is submitted that, the complainant has not produced even iota of evidence to prove the baseless allegations being made, as none of the documents relied on by the complainant states or proves that the sum insured under the policy opted by the complainant was Rs.4,00,000/-.  The complaint filed by the complainant is not maintainable either in law or on facts and the same is liable to be dismissed in limine and hence, the same is liable to be dismissed.         

         4.       Complainant herself has examined as PW-1 by filing affidavit evidence and the documents Ex.A-1 to A-8 were got marked and closed her side. On behalf of OPs, one Sri. G. Vinay Prakash, Senior Manager - Legal has examined as DW-1 by filing the affidavit evidence and Ex.B-1 and B-2 documents have been got marked and closed their side.  

 

5.      Arguments of both sides heard.

6.      Now the points that arise for our consideration for decision of above complaints are that;

 

(1)  Whether the complainant proves that the OPs have failed to settle the maturity benefit under the policy and entitled for the reliefs as prayed for in the above complaint?

              (2) What order?

          7.      Our findings on the above points are as follows:-

          Point No.1:- In Negative.

          Point No.2:- As per final order.

REASONS

8.      It is the case of the complainant that, she has obtained HDFC Life Sampurna Samridhi Insurance Policy bearing No.15298188 for a tenure of five years from the OPs by paying premium amount of Rs.12,886/- and the same was matured on 14.08.2017.  After maturity, the OPs have send an amount of Rs.1,28,847/- on 18.07.2017.  The Advocate for the complainant argued that, the OPs have failed to pay the remaining amount of Rs.2,75,153/- as the maturity benefit under the policy was Rs.4,00,000/-.  The Advocate for the OPs argued that, it is true that, the complainant has obtained the above said policy from the OPs and she has paid 5 years annual premiums to the OPs through OP No.1 and after maturity of the policy, the OPs have send the amount to the complainant for a sum of Rs.1,28,847/- including the maturity benefit.  Further it is argued by the OPs that, the complainant has not produced any piece of papers to show that, the OPs have agreed to pay an amount of Rs.4,00,000/- after the maturity.  The OPs have taken a contention that, the complainant never produced any documents before this Forum to prove that, the OPs have failed to pay the amount of Rs.4,00,000/- under the insurance.

9.      We have gone through the entire documents and exhibits filed by both parties.  Here the case on hand is that, it is true that, the complainant has obtained the HDFC Life Sampurna Samridhi Insurance Policy bearing No.15298188 for a tenure of 5 years from the OPs by paying premium amount.  It is true that, the complainant has paid a premium amount to the OPs and the OPs have agreed that, the complainant has paid the premium amount to the OPs and the policy was matured on 14.07.2017.  After the maturity, the OPs have send the maturity benefits to the complainant for Rs.1,28,847/- on 18.07.2017 as per Ex.A-1 i.e., the pass book produced by the complainant herself.  The exhibits produced by both the sides clearly shows that, after the maturity an amount of Rs.1,28,847/- has been sent to the policy holder by the OPs and the complainant has not produced any documents to show that, the OPs have failed to pay the amount of Rs.2,71,153/- towards the remaining maturity amount as assured by the OPs.  Accordingly, this Point No.1 is held as negative to the complainant.          

            10.     Point No.2:- As discussed on the above point and for the reasons stated therein we pass the following:-

ORDER

The complaint filed by the complainant U/Sec. 12 of C.P Act 1986 is hereby dismissed. No order as to costs.

(This order is made with the consent of Member after the correction of the draft on 23/06/2018 and it is pronounced in the open Court after our signatures)         

 

 

                                     

 MEMBER                                                   PRESIDENT

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

PW-1:  Complainant by way of affidavit evidence.

Witnesses examined on behalf of OPs:

DW-1:  Sri. G. Vinay Prakash, Senior Manager - Legal of OPs by way of affidavit evidence. 

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Original Pass Book
02	Ex-A-2:-	Renewal Premium Receipt
03	Ex-A-3:-	Maturity Payout receipt and discharge Voucher
04	Ex-A-4:-	Legal Notice dated 18.08.2017
05	Ex.A-5:-	Legal Notice dated 18.08.2017
06	Ex.A-6:-	5 Postal Receipts
07	Ex.A-7:-	3 Postal Acknowledgements
08	Ex.A-8:-	Postal Acknowledgement

 

Documents marked on behalf of OPs:

01	Ex-B-1:-	True copy of Proposal Form
02	Ex-B-2:-	True copy of Policy

 

 

 

 

MEMBER                                                            PRESIDENT

Rhr**