IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, ALAPPUZHA

                          Thursday the 23^rd  day of September, 2021.

                                      Filed on 05-02-2019

  Present

1. Sri.S.Santhosh Kumar  BSc.,LL.B  (President )
2. Smt. Smt.C.K.Lekhamma, B.A, LLB (Member)

In

CC/No.40/2019

   between

  Complainant:-                                       Opposite parties:-

Sri.Sajimon Michel                                 1.  The Manager

S/o Michel                                                     Met Life India Insurance Co.Ltd.

Venparampil House                                      Regional office, Thadikaran Centre

Kottamkulangara Ward                                2^nd floor, Palarivattom, Kochi-682025

Avalookkunnu P.O.                                      (Adv.Sri.Sudheesh T.T)

Alappuzha- 688006                               

(Party in person)                                      2.  The Manager

                                                                        Met Life India Insurance Co.Ltd.

                                                                        A.V.J Junction, Alappuzha

               O R D E R

C.K.LEKHAMMA(MEMBER)

Brief facts of the complainant’s case are as follows:-

The complainant has taken a policy No.1200800739724, dated 18.12.2008, from the opposite party.  The period of policy was 15 years and the policy period is to be over by 20.02.2023.  The complainant remitted annual premium installment of Rs.12,000/- each for 3 years without any disrupt.  Believing the complainant by the 2^nd opposite party that if he would pay 3 annual installments they would be considered and return the amount with bonus at the end of 10 years.  But without giving prior intimation the 1^st opposite party issued a termination letter dated 10.10.2018 along with the cheque for Rs.11,989/- (Eleven thousand nine hundred and eighty nine only) to the complainant.  Enquired about this to the 2^nd opposite party by the complainant, they purposefully evade the complainant.  The said acts of the opposite party suffered severe mental agony to the complainant.  Therefore the complainant approached this Commission sought for the reliefs such as to refund the remaining amount Rs.24,011/- ie, the amount that remitted by the complainant as premium, with interest and compensation for mental agony.

2.      Opposite parties filed a version in short are as follows:-

          The complainant applied the policy only after being fully aware of the terms and conditions of the policy.  As per the policy the annual premium of Rs.12,000/- (Twelve thousand only) against the sum assured of Rs.60,000/- (sixty thousand only) for the term of 15 years.  The terms and conditions of the policy were sent to the complainant on 03.12.2008 through Blue Dart.  In which it was clearly stated that complainant was disagreed with the terms and conditions of the policy he should return the disputed policy within the free look period of 15 days as per clause 23 of the policy terms and conditions.  But the complainant never taken any steps for the cancellation of the policy and hence it was presumed that it was a legally valid contract.  The complainant duly paid the renewal premium for 3 years amounting to a total sum of Rs.36,000/- (Thirty six thousand only).  But the complainant failed to pay the renewal premium due for the year 2011 and resultantly, the subject policy lapsed.  Opposite party already sent renewal premium notices to the complainant.  Accordingly the policy moved to premium discontinuance status.  The complainant vide letter dated 23.08.2012 requested for cover continuance during premium discontinuation under said policy that was duly accepted by the opposite party.  But the complainant failed to reinstate the policy within the stipulated period and the opposite party was constrained to terminate the same.  Issued letter to that effect and also issued a cheque for an amount of Rs.11,989.75/- in favour of the complainant.  So the complainant is not entitled to get any further benefit from the opposite party.  The policy was issued as per the consent of the complainant.  The complainant being an educated person, he read and then signed it. 

          The opposite party performed all part of the contact by providing their services and there is no deficiency of services arised.  Hence the complaint is liable to be dismissed.

3.      In view of the above pleadings following points raised for consideration are:-

1. Whether the complainant is entitled to get refund Rs.24,011/- (twenty four thousand and eleven only) from the opposite party, as he claimed?
2. Whether opposite parties have committed deficiency of service?
3. If so, what will be the compensation?
4. Reliefs and cost if any?

4.      The complainant was appeared in person and he adduced oral and documentary evidence.  Ext.A1 to A4 were marked.  From the side of opposite party Ext.B1 was marked through PW1.

5. Points No. 1 to 3:-

          For avoiding repetition of discussions these points are considered together.          Admittedly the complainant has availed a policy (No. 1200 800739724) from the  opposite parties in the year of 2008.  Ext.A1 is the copy of policy.  The currency period of the disputed policy is from 20/12/2008 to 20/12/2023.  It is not in dispute that the complainant paid premium for 3 (three) years amounting to a total of Rs.36,000/-(Rupees Thirty six thousand only). Ext.A2 is the copy of first premium receipt dated. 23/12/2008, it shows that he has remitted an amount of Rs.12,000/-(Rupees Twelve thousand only) towards the  premium.   On 10/10/2018 the complainant received a letter issued by opposite party stating that the policy has been terminated and a cheque for an amount of Rs.11,989.75/- (Rupees Eleven thousand nine hundred and eighty nine point seven five) was also enclosed therein.  Copy of documents were marked as Ext.A3 and Ext.A4 respectively. The complainant alleged that the opposite parties did not return the remitted amount with bonus as they assured.

6. Opposite party contented that the complainant failed to pay subsequent premiums.  So premium discontinuation  has been informed to the complainant through Ext.B1.  The policy got foreclosed  as per the terms and conditions of the policy concerned, thereby the complainant is entitled to get only surrender value of Rs.11,989.75/- (Rupees Eleven thousand nine hundred and eighty nine point  seven five only).  During the cross examination of PW1 a specific question asked by the counsel for opposite party that whether you signed and entrust policy terms and conditions?  PW1 deposed that  “  2 aq¶v papers H¸n«p sImSp-¯n-cp¶p details Adn-bn-Ãm-bn-cp-¶p. It is to be noted that the opposite parties stated in their   version that they were sent to the policy terms and conditions to the complainant on 3/12/2008 through Blue Dart consignment No. 40206745132, which was duly served.  Nothing is on record to substantiate said version.  It seems that the complainant was deprived of opting his right during the free look period.   In view of the above we are of the opinion that the complainant is entitled to get refund of the remaining premium amount from the opposite party with interest.  Admittedly the complainant had received Rs.11,989.75/-(Rupees Eleven thousand nine hundred and eighty nine point seven five only) from the opposite party by way of cheque.  It is not in dispute that the complainant paid premium for 3 years amounting to a total sum of Rs.36,000/-(Rupees Thirty six thousand only) . Therefore the complainant is entitled to get the remaining amount ie, after deducting Rs.11,989.75/- (Rupees Eleven thousand nine hundred and eighty nine point seven five only) from the total amount of Rs.36,000/-(36,000 – 11,989.75 = 24,010.25/-).  We are not ordering any compensation and cost since we have already ordered refund with interest.
7. Point No. 4       

          Accordingly, we partly allow the complaint and direct that the opposite parties are jointly and severally liable to refund Rs.24,010.25/-(Rupees Twenty-four thousand ten and twenty five paisa only) with interest @ of 8% per annum from the date of complaint till realization to the complainant.

          The order shall be complied within one month from the date of receipt of the copy of this order.

Dictated to the Confidential Assistant, transcribed by her corrected by me and pronounced in open Commission on this the   23^rd day of September, 2021. 

                                                           Sd/-Smt. C.K.Lekhamma(Member)

                                                           Sd/-Sri.S.Santhosh Kumar(President)

Appendix:-

Evidence of the complainant:-

PW1                    -        Sri.Sajimon Michel (Witness)

Ext.A1                -        Copy of policy

Ext.A2                -        Copy of policy details dtd. 23.12.2008

Ext.A3                -        Auto foreclosure payout confirmation letter

Ext.A4                -        Copy of document

Evidence of the opposite parties:-

Ext.B1                 -        Request for cover continuance during premium discontinuation

// True Copy //

To

          Complainant/Oppo. party/S.F.

                                                                                         By Order

                                                                                    Senior Superintendent

Typed by:- Sa/-

Compared by:-