Delhi

East Delhi

CC/1157/2014

S.M UMAR RAJA - Complainant(s)

Versus

VIRLA SUN LIFE INS - Opp.Party(s)

27 Jul 2018

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

C.C. NO.1157/14

SHRI S.M. UMAR RAZA,

R/O F-144, F-BLOCK,

NEW SEELAMPUR,

DELHI.

•  
•  

THE GENERAL MANAGER

BIRLA SUN LIFE INSURANCE COMPANY LTD.

BRANCH OFFICE

ADITYA CORPORATE PLAZA,

GLAT NO.4, 2^ND FLOOR,

EAST DELHI-110092

 

                                                                                                                               ….Opponent

 

Date of Institution: 19.12.2014

Judgment Reserved for: 27.07.2018

Judgment Passed on: 03.08.2018

 

CORUM:

Sh. SUKHDEV SINGH                  (PRESIDENT)

Dr. P.N. TIWARI                          (MEMBER

Ms. HARPREET KAUR CHARYA (MEMBER)

 

ORDER BY: HARPREET KAUR CHARYA (MEMBER)

JUDGEMENT

1. Jurisdiction of this forum has been invoked by Shri S.M. Umar Raza (Complainant) against           the General Manager (Birla Life Insurance Company Ltd., (OP) with allegations of deficiency in services.
2. Facts in brief are that in the year 2010 the complainant took three policies bearing                    no. 003820200, 003839194 & 003841293 from OP and paid Rs. 4,16,000/- as premium. On 25.08.2014 the complainant through letter requested the OP to cancel the policies for which the OP issued three cheques bearing no. 460564, dated 29.09.2014 for Rs.14,580/-, cheque      no.460597, dated 29.09.2014 for Rs.17,140.10, cheque no.461061 dated 01.10.2014 for Rs.34,127.39. It has been stated that OP returned Rs.65,878/- in all as against Rs.4,16,000/-paid by complainant.

Legal notice dated 18.10.2014, seeking clarification regarding the calculation arrived at by the OP was served. As the said legal notice remained unreplied, the complainant has filed the present complaint alleging deficiency in services on the part of OP and has prayed for directions to OP to provide tariff of payment as to how the above mentioned cheque had been sent to the complainant for each policy, to release the principle amount of Rs.4,16,000/- approx in favour of complainant and to pay Rs.50, 000/-.

Complainant has annexed with the complaint a Photocopy of the cheque issued by OP in respect of Policy no. 003839194 for Rs.14,580.89, photocopy of cheque issued in respect of policy no. 003841293 for Rs.17,140.10, photocopy of cheque pertaining to Policy no. 003820200 for Rs.27,800/-, photocopy of cheque issued in policy no. 0038441293 for Rs.27,800/-, photocopy of notice given by the complainant dated 25.08.2014, photocopy of notice given by complainant dated 19.09.2014, photocopy of notice given dated 18.10.2014, receipt photocopy dated 29.10.2014, copy of acknowledgement, photocopy of reply notice dated 18.10.2014 , and photocopy of ID of the complainant.

3. Written statement was filed upon service of notice of the present complaint, where, they took preliminary objection regarding the maintainability of the complaint, stating that OP had issued three BSLI Dream Child BSA-Parent Policy Plan in the name of S.M. Umar Raza on the basis of application form received by the complainant and have annexed copy of the policy bond, proposal forms of policy nos. 003820200, 003839194 & 003841293 as Annexure A, B & C respectively. It was further submitted that as the complainant had duly filled and signed the application form, thus, he was bound by the terms and conditions-

Name of the complainant	S.M.UMAR RAZA	S.M.UMAR RAZA	S.M.UMAR RAZA
Date of Birth
Name of Life Insured	S.M.UMAR RAZA	S.M.UMAR RAZA	S.M.UMAR RAZA
Date of Birth
Policy no.
Relationship of PO with LA	Self	Self
Application ID
Application Received Date
Policy Issue Date
Delivery Date
Sum Assured
Type of Plan	BSLI Dream Child BSA ParentT34 Pay/GSD14	BSLI Dream Child BSA ParentT38 Pay/GSD18	BSLI Dream Child BSA ParentT36 Pay/GSD16
Unit Linked/Traditional type
Policy Billing Frequency/ Premium Frequency	Semi Annual	Semi Annual	Semi Annual
Model Premium
Fund Value

 

It has been submitted that as per IRDA (Protection of Policy Holders’ Interest) Regulation 2002, OP had sent a copy of the proposal form alongwith policy documents to the complainant by speed post, so, that the complainant could exercise the option of free look period. It was further submitted that the policy had acquired lapse status due to nonpayment of renewal premiums and were terminated the policy bearing no.003820200 on 28.09.2014 and policy no. 003839194 and 003841293 on 26.09.2014 and have annexed policy terms and conditions. Receipt of request letter dated 25.08.2014 for withdrawal of policies was admitted and in pursuance to that the surrender value was calculated in accordance with policy terms and conditions. Objection was also taken with respect to the mis-joinder of Manager of OP as a party and Territorial Jurisdiction. Rests of the contents of the complaint have been denied, thereby seeking dismissal of the complaint.

4. Rejoinder to the written statement of OP was filed by the Complainant where the contents of the complaint have been reiterated and those of the written statement were denied.
5. Evidence by way of affidavit was filed by the complainant where he got examined himself and has got exhibited the policy No. 003839194 as Ex. CW1/A, Policy no. 003841243 as Ex-CW1/B, Policy No. 003820200 as Ex-CW1/C, Policy No. 0038441293 as Ex-CW1/D, notice given by the complainant dated 25.08.2014 as Ex-CW1/E, Notice Given by the complainant dated 19.09.2014 as Ex-CW1/F, Notice Dated 18.10.2014 as Ex-CW1/G, Receipt dated 29.10.2014 as Ex-CW1/H, acknowledgement as Ex-CW1/I, reply to notice dated 18.10.2014 as Ex-CW1/J, ID Proof of the complainant as Ex-CW1/K, and Postal order as Ex-CW1/L.

Ms. Akriti Manocha (Deputy Manager Legal with Birla Sun Life Insurance Co. Ltd.) was examined on behalf of OP, who has also deposed on oath the contents of their written statement and relied on a copy of the letter of Authority and got it Exhibited as Ex. RW1/1, a copy of the policy bond and proposal forms of policy nos. 003820200, 003839194 & 003841293 as Ex. RW1/2, RW1/3, and RW1/4 respectively, thecopy of the terms and conditions of the above said policies as Ex. RW1/5 (colly), a copy of the calculation sheets of the above said policies as Ex. RW1/6.

6. We have heard the arguments on behalf of Ld. Counsel for the complainant and Ld. Counsel for OP. Perusal of the material placed on record shows that the complainant had received the policy documents, which is not disputed, complainant has paid five half yearly premiums in all the three policies i.e. till 25.04.2012 and thereafter did not pay further premiums. It is only vide letter dated 25.08.2014, the complainant requested for refund of money. OP has also placed on record the transaction details of all the three policies for the period 26.02.2010 to 26.09.2012. It is settled principle of law that insurance is a contract; which is binding on both the parties, be it is the insured or it is the insurer and in the present case it is the complainant who has written for withdrawal of the policy and once, the OP has paid as per policy terms and conditions, no deficiency in service can be attributed on the part of OPs. Further the complainant had received the policy documents and failed to exercise the option of cancellation during free look period. Hence, the present complaint is dismissed, being devoid of merits without order to cost.

Copy of this order be sent to both the parties as per law.

 

 

(Dr. P.N. TIWARI)                                                                               (HARPREET KAUR CHARYA)              

      MEMBER                                                                                                    MEMBER

 

                                                      (SUKHDEV SINGH)

                                                                    PRESIDENT