This case has been arising out of the complaint filed by the complainant against the O.Ps named above u/s. 12 of the Consumer Protection Act, 1986.
Contd. P/2
The brief fact of the case of the complainant is that the complainant is a physical handicapped person and on 15/03/2012 the O.P No. 1 came to his house and approaches him about the S.B.I Life Insurance Policy for his life. As the complainant is a handicapped person and he did not able to go to the bank to submit his premium time to time as such O.P No. 1 assured him that he should collect premium from him time to time. Accordingly, the complainant opened a policy being Insurance Policy No. 560 13537 905, vide it’s Consumer No. 29566026, which product Name SBI Life Smart Insurance on 22/03/2012 through cheque pay of Rs. 15,000/-. The O.P No. 1 filled up the Insurance Policy of the complainant of his own hand. Thereafter, the complainant contact the O.P No. 1 to pay the yearly installment but O.P No. 1 did not make any response. On 03/04/2015 the complainant received a cheque being no. 33720760037 of Rs. 9224.32 from O.P No. 2. Thereafter, the complainant tried to receive back his deposited money but the O.Ps did not return back his policy money.
Hence, this case has been filed by the complainant to take back his paid money of Rs. 15,000/- with interest from the O.P and the complainant has also prayed for direction upon the O.P to Pay Rs. 50,000/- towards harassment and litigation costs.
In the instant case notices were sent to all the O.Ps but only O.P No. 2 has appeared by filing W/V as well as evidence-in-chief. Later on the O.P No. 2 did not turn up before this Forum nor he submitted written argument and to move the case. The O.P No. 2 has stated in his W/V that the case is barred by limitation and the complainant did not pay the renewal premium due on 17/04/2013 and he also did not revive the policy within the stipulated period as such he did not entitle to get any relief. This O.P has prayed for dismissal of the case.
It also appears from the case record that notices upon O.P Nos. 1 & 3 were not served. Several attempts were made by this Forum for appearance of the O.P Nos. 1 & 3. Ultimately, as prayer of the complainant the case against O.P Nos. 1 & 3 were expunged.
Ld. Agent for the complainant did not file any written argument and as per his submission the evidence-in-chief has been treated as written argument.
We have heard the argument from the side of complainant at length.
We have perused the materials on record meticulously. Considering the above pleadings the following issues are necessarily come out to consideration to reach just decision of the case.
POINTS FOR CONSIDERATION
- Is the complainant a consumer u/s.2 (1)(d)(ii) of Consumer Protection Act, 1986 ?
- Has this Forum jurisdiction to entertain the instant case?
- Have the O.Ps any deficiency in service as alleged by the complainant?
- Is the complainant entitled to get any relief/reliefs as he prayed for?
DECISION WITH REASONS
Considering the nature and character of the case all the points are taken up together for consideration for the sake of brevity and convenience.
Contd. P/3
This case has been filed u/s. 12 of Consumer Protection Act, 1986 with an allegation of deficiency in service and harassment to the complainant. It appears that the complainant submitted a cheque of Rs. 15,000/- for SBI Life Insurance and thereafter he did not continue the payment of premium. Accordingly, it was lapsed and sum amount has been return to him by the opposite parties. According to complainant it is the laches from the part of the O.P No. 2 who introduced him to the O.P No. 2 for starting a SBI Life Insurance. I find that there is a deficiency in service from the side of the O.Ps accordingly the case is maintainable.
The other points are taken up together for consideration for the sake of brevity and convenience. It appears that this complainant started one SBI Life Insurance and payment of Rs. 15,000/- by cheque to the O.Ps and sum assured Rs. 1,50,000/-. According to the condition Rs. 15,000/- us is the yearly premium to be paid by the complainant. But it appears that complainant did not make any further payment of premium after the payment of one lakh at the initial stage of insurance the insurance policy has been opened but ultimately the complainant did not pay a single amount. After initiation of this insurance as premium it is the allegation of the complainant that the O.P No. 1 is the agent of O.P No. 2 assured him to collect the cheque of the premium as he is a physically handicapped. But the agent did not turn up to collect the cheque, as a result he did not pay the premium timely. It appears that O.P No. 2 contested this case and by filing written version and denying all the allegations and stating that policy has been started but the complainant did not pay any premium after opening the said policy. As a result it was lapsed and the amount of Rs. 9,224.32/- was returned to him by cheque. According to O.P No. 2 who has stated that complainant did not pay any further premium or renew his policy. So it was lapsed and the lapsed amount has been returned to him.
After careful scrutiny of the case record as well as the evidence we find that it is the duty of the complainant to pay the premium after opening a policy. It appears that the policy was opened in the year 2012 and at the first instance he paid Rs. 15,000/- but thereafter he did not pay any further premium to the O.P No. 2. It also appears that according to the terms and condition of the insurance company the policy has been lapsed due to non-payment of premium and the O.P No. 2 has sent Rs. 9,224.32/- as a return value of the said policy. The complainant alleged that the agent did not collect the premium cheque but O.P No.2 is not bind upon the agent version as because it is the duty of the policy holder to make payment of the premium. It also appears that this complainant maintained one bank account from which he issued the cheque. But he did not advice the SBI Life Insurance to deduct the premium amount from his bank account. If the complainant has any intention to continue his policy definitely he contact to the SBI Life Insurance Company and to make arrange for payment of the premium amount but he
Contd. P/4
did not do so. He has claimed that first premium amount along with interest. We find that
it is the settle principle of law that the policy holder is duty bound to make payment of renewal premium. If he fails continue to do so then the insurance company shall pay the lapsed amount after deducting the official charges here. The O.P No. 2 has sent the cheque of Rs. 9,224.32/- after deducting the charges and the complainant is not entitled to get any further amount from the insurance company as because there is not laches from the part of the O.P No. 2. Complainant himself had the laches for non-payment of premium timely and he will not get any relief from this case. There is no deficiency of service from the side of the O.Ps.
Thus all the points are disposed of accordingly.
Hence, for ends of justice; it is;-
ORDERED
that the instant case be and the same is dismissed ex-parte without cost.
Let a copy of this final order be sent to the concerned parties through registered post with A/D or by hand forthwith for information and necessary action.
Dictated & Corrected by me
