Chandigarh

DF-II

CC/386/2018

Mrs. Meghna Dixit - Complainant(s)

Versus

SBI General Insurance Company, State Bank of India - Opp.Party(s)

Krishan Gopal Sharma Adv.

26 Dec 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

 

Consumer Complaint  No	:	386 of 2018
Date  of  Institution	:	10.07.2018
Date   of   Decision	:	26.12.2018

 

 

 

 

 

Meghna Dixit w/o Mr.Jatin Dixit, H.No.Q7/11, DLF Phase-2, Qutab Enclave, Near Sikandarpur Metro Station, Gurugaon (Gurugram), Haryana 122002

 

             …………Complainant

Versus

 

1]  SBI General Insurance Company, State Bank of India, SCO No.335-336, 1^st Floor,   Sector 35-B, Chandigarh.

 

2]  SBI General Insurance Company, State Bank of India, Main Branch, SCO No.43-48, Bank Square, Sector 17, Chandigarh.

 

3]  SBI General Insurance Company, State Bank of India, “Natraj” 101, 102 & 103, Junction of Western Express Highway & Andheeri Kurla- Road, Andheri (East) Mumbai 400069

 

 ……………Opposite Parties

 

BEFORE:  MR. RAJAN DEWAN           PRESIDENT

MRS.PRITI MALHOTRA        MEMBER

                    MR.RAVINDER SINGH         MEMBER

           

 

Argued By: Sh.Krishan Gopal Sharma, Adv. for Complainant

Sh.Yugansh Siwach, Adv. proxy for Sh.Inderjit Singh, Adv. for the Opposite Parties.

 

 

PER RAVINDER SINGH, MEMBER

 

                    The complainant has stated that she took Health Insurance Policy No.0000000006161471 from Main Branch of State Bank of India, Sector 17, Chandigarh (Ann.C-1) and the same was due for renewal on 28.3.2018. It is averred that the OPs did not sent any reminder to the complainant for renewal of the said policy nor any official was present at the branch to renew the policy on a visit made by the complainant.  Later on one insurance official of OPs also visited the complainant and took the premium amount cheque and got the paper signed, but later returned the cheque on the pretext that the computer system was not accepting the backdated cheque (Ann.C-3).  She was also given advice to buy a new policy, but she did not accept that.  The complainant also sent legal notice to the OPs to renew the policy, but to no avail. Hence, this complaint has been filed alleging deficiency in service on the part of OPs.

 

2]       The Opposite Parties have filed joint reply and while admitting the issuance of insurance policy, stated that the liability to get the policy timely renewed is on the part of the insured/complainant for which 30 days grace period was also provided.  It is stated that renewal notice dated 3.1.2018 was duly sent to the complainant and even the official of Opposite Parties also contacted the complainant for renewal of the policy, but the same was refused on the pretext that the complainant is looking for other option with other insurers for portability.  It is stated that after the expiry of the grace period, the father of the complainant called the official of OPs for renewal premium, but by that time the grace period had already expired. It is denied that the complainant ever tried to pay the renewal premium of the policy in question till the grace period.  Denying any deficiency in service and other allegations, the OPs have prayed for dismissal of the complaint.

 

3]       Parties led evidence in support of their contentions.

 

4]       We have heard the learned Counsel for the Parties and also carefully examined the entire evidence on record.

 

5]       The complainant took S.B.I. General Arogya Plus Health Insurance Policy bearing No.0000000006161471 from Opposite Parties, which was valid upto 28.3.2018.  Clause 16 of the said Insurance Policy provided that :-

“16. Renewal: This Policy may be renewed every year and in such event, the renewal premium shall be paid to Insurer or on before the date of expiry of the Policy or of the subsequent renewal thereof. However, Insurer shall not be bound to give notice that such renewal premium is due. Also Insurer may exercise Insurer’s option not to renew the Policy on ground of fraud, misrepresentation or suppression of any material fact either at the time of taking the Policy or any time during the currency of the earlier policies.  A grace period of 30 days is allowed for renewal of the Policy.  This will be counted from the day immediately following the premium due date during which a payment can be made to renew or continue the Arogya Plus in force without loss of continuity benefits such as waiting periods and coverage of pre-existing diseases.  The continuity of coverage for all the covers under the expiring Policy will be subject to receiving appropriate premium for the same.  Coverage is not available for the period from which no premium is received and Insurer has no liability for the claims arising during this period.”

 

6]       The complainant was apprised and issued a notice dated 3.1.2018 regarding renewal of the policy by SBI General Insurance Company   (Annexure C-3), but despite that she did not paid the renewal premium amount to the Opposite Parties even during the grace period of one month after the expiry of the health insurance policy. The Health Insurance Policy in question, as such, for want of premium amount for renewal of the policy, stands expired by way of efflux of time.

 

7]       The complainant was at liberty to pay the renewal premium of said insurance policy to the Opposite Parties by way of cash, electronic mode, RTGS or through Online payment etc., but she failed to do so.  The complainant because of laches on her part lost the privilege of continuity of insurance policy due to non-payment of renewal premium amount, as such, the present complaint for issue of direction to the Opposite Parties for renewal of the policy with retrospective dated i.e. 28.3.2018 is untenable.  The facts in issue do not warrant issue of any dictate for renewal of policy from back date. 

 

8]       Keeping into view the facts under consideration, as discussed in preceding paragraphs, the complaint being without merit is hereby dismissed.

         Certified copy of this order be forwarded to the parties, fee of cost, as per law.  After compliance, file be consigned to record room.

Pronounced.

26^th Dec., 2018   

(RAJAN DEWAN)

                                 PRESIDENT

 

 

 

(PRITI MALHOTRA)

MEMBER

 

 

 

(RAVINDER SINGH)

MEMBER