Complainant/s:                      Mallanagouda S/o Shankargouda Chikkangoudar, Age: 41 years, Occ: Business and Agriculture, R/o Kadadi, Taluk & Dist: Gadag.

(By Sri. H.V. Gojanur, Advocate)

V/s

Respondent/s:                        1. The Manager,

Life Insurance Corporation of India, II Branch, I Floor, Akash Deep, P.B. Road, Betgeri-Gadag.

2. The Divisional Manager, LIC of India, Jeevan Prakash, College Road, P.B. No.16, Dharwad-01.

3. The Manager,

KVG Bank, Balaganur, Taluk & District: Gadag.

(By Shri/Smt.N.S. Bichchugatti, Advocate for OP No.1 & 2, OP No.3 absent)

-::O R D E R::-

BY: SMT.C.H.SAMIUNNISA ABRAR, PRESIDENT.

1.       The complainant has filed this complaint claiming direction to the OPs to regularize the policy after payment of 2^nd installment premium amount or to pay the 1^st installment of Rs.8,675/- along with interest to the complainant from the date of deposit till realization with ensation with cost and such other relief.

-::Brief facts of the case are as under::-

2.      The case of the complainant is that, he has taken new endowment plan policy with the OP No.1 and 2 bearing No.366016302.  He is doing business and agricultural work in Kadadi village of Gadag Taluk.  As per the advice of OPs, he has taken the above said policy for a sum assured amount of Rs.1,00,000/- by paying premium amount of Rs.8,675/- and obtained a policy bond.  Thereafter, OP No.1 and 2 have issued an intimation to complainant for payment of second installment premium amount of Rs.8,675/-.  After receiving the letter, complainant visited the office of OP No.1 for payment of second installment premium amount.  By that time, the OP No.1 has told the complainant to get the medical confidential report from Dr. Mohan K. Kuradagi.  Thereafter, complainant got the medical confidential report after physical examination submitted the same to OP No.1, but the OP No.1 refused to take second installment premium amount.  Then the complainant visited OP No.2 office but, they have not responded to receive the second installment premium amount.  Being no other way, complainant issued a legal notice through Advocate to the OPs to regularize the policy after payment of second installment premium amount, the same was served on the OPs, but they have not replied the same till today, the same amounts to deficiency in service and unfair trade practice with complainant.  The cause of action arose to file this complaint on 15.12.2018 when the complainant issued legal notice to the OPs and hence, prayed to allow this complaint.

          3.   In pursuance of the notice issued by this Commission, the OP No.1 and 2 appeared through counsel and filed written version.  OP No.3 remained absent.   

                             Written Version of OP No.1 and 2

          4.       It is submitted that, the complainant has taken a policy from OP No.2, the same is issued under New Jeevan Anand plan and not under New Endowment Plan.  The first premium amount was received on 11.11.2015 and by that time OPs informed the complainant that, the next premium under the policy falls due on 11/2016.  An advance intimation was sent to complainant to pay the premium before 11.12.2016 i.e., within grace period to 30 days as per the policy condition No.2 payment of premiums of policy bond.  Since the premium was not paid by him, lapse intimation was sent on 21.06.20417 indicating that the policy can be revived subject to receipt of arrears of premium and declaration of Good Health (DGH) and other health requirements, if any and the DGH form to be obtained by him from the branch office.  Policy condition No.3 revival of discontinued policy stipulates that the revival of the policy should be done within 2 consecutive years from the date of first unpaid premium and the policy was not revived as per policy conditions within the stipulated period, the policy continued to be in lapsed condition.  It is further submitted that, there is no mention about the date on which the complainant approached the office for revival of the policy in the letter dated 15.12.2018 written by the Advocate as well as in the complaint.  It is further submitted that, as per the amendment by IRDA which is effective from 04.11.2019, the policy can be revived within 5 years from the date of unpaid premium i.e., entire revival process should be over before 11.11.2021 and they are prepared to consider revival of the premiums with interest, taxes, DGH and other health requirements if any, after receipt of request from the policy holder and DGH found satisfactory.  It is further submitted that, the complainant has approached the OP for payment of arrears of premium after 11.11.2018 i.e., two years from the date of first unpaid premium.  As per the rules prevailing at that time, the policy can be revived by paying all the arrears of premium with interest and submission of all requirements to the satisfaction of the office within two years from the date of first unpaid premium.  They are prepared to consider the request for revival of the policy subject to payment of arrears of premium amount along with interest and other requirements as on the date of revival and there is no deficiency of service on their part and they are not liable to pay any cost/charges and accordingly prayed to dismiss the complaint with cost.  

           5.  The complainant filed his Chief affidavit along with 08 documents.  The Admin. Officer of OPs has filed his chief affidavit along with 04 documents. 

    COMPLAINANT FILED DOCUMENTS AS follows

          OPs FILED DOCUMENTS AS follows

          6.   On pursuance of the materials, placed by the complainant and OPs, the following points arises for our consideration:-

1. Whether the complainant has proved the deficiency in service on the part of the OPs as averred in the complaint and entitled to any relief?

2. What Order?

   7.        Our findings to the above points are:-

              Point No. 1:  Partly Affirmative.

              Point No. 2:  As per the final Order

R E A S O N S

       8.  POINT NO.1:  The complainant has filed this Complaint against the OPs stating that, OP has refused to collect the second installment premium amount from the complainant and further submits that, he has visited the office of OPs often and often and during that time, OPs suggested the complainant to bring the medical confidential report from the suggested Medical Practitioner by name Dr.Mohan. K. Kuradagi and complainant submits that, he had got the medical confidential report as per the desire of the OPs.  But, still OPs refused to collect the premium amount. 

          9.       On the other hand, OPs submits that, complainant never visited the OPs for payment of the premium amount and even complainant has not disclosed the date when he had visited the OPs and further submits that, as per the IRDA amendment, complainant can pay the revived amount within five years from the date of first unpaid premium amount and further submits that, they are ready to receive the premium amount within the stipulated time. 

          10.     Ongoing through the records on file, there is no dispute about the complainant purchased the policy from OPs and even there is no dispute that, the complainant had not paid the premium amount until 2018 i.e., three unpaid premium installments to the OPs.  Anyhow, as per the written version, OPs are ready to receive the revived amount along with interest from the complainant.  Hence, there is no need of more discussion on this point.  It is very necessary to discuss that, whether the OPs made a deficiency in service.  The records placed before the Commission i.e., the notice issued by the complainant i.e., Ex.C-5 dated 15.12.2018, the OPs have not answered the same and not directed the complainant to pay the revived amount along with interest.  Hence, Commission comes to the conclusion that, the OPs made a deficiency in service towards the complainant and accordingly we answer Point No.1 in partly affirmative.

        10.  POINT NO. 2: In view of our findings on the above point, the complaint filed by the complainant is partially allowed. In the result, we pass the following: 

//O R D E R//

1. The above Complaint is partly allowed.

2. The OP No.1 and 2 are directed to receive the revived amount along with interest from the complainant towards the unpaid premium amount under the insurance policy.

3. Further, the OP No.1 and 2 are directed to pay Rs.2,000/- towards deficiency in service and Rs.1,000/- towards cost of the proceedings.

4. Complaint as against OP No.3 is dismissed.

         5. Send the copies of this order to the parties free of cost.

           (Dictated to the Stenographer, transcribed by him, corrected and then pronounced by me in the Open Court on this 25^th day of November-2021)

,         (Shri B.S.Keri)                              (Smt.C.H.Samiunnisa Abrar)

               MEMBER                                               PRESIDENT