H.P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION, SHIMLA. First Appeal No: 256/2014. Date of Presentation: Date of Decision:

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1 H.P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION, SHIMLA. First Appeal No: 256/2014. Date of Presentation: Date of Decision: Bajaj Allianz Life Insurance Company Limited, Regd. & Head Office GE Plaza, Air Port Road, Yerawada, Pune (Maharashtra) , Through its Managing Director. 2. Bajaj Allianz Life Insurance Company Limited, Sahib Complex, Seri Bazar, Mandi, Opposite Standard Hotel, Mandi, H.P , Through its Assistant Manager (Operation). Both appellants through its Senior Branch Manager, Bajaj Allianz Life Insurance Company Limited, New Aggarwal Bhavan, 2 nd Floor, Opposite Gurudwara Sahib, Sanjauli, Shimla (H.P.) Appellants Versus 1. Shri Mool Raj, S/o Shri Khem Chand, R/o Vill. Sarali, P.O. Dohag, Tehsil Sundernagar, District Mandi, H.P. 2. Shri Gursharan Parmar, S/o Shri Dharam Singh (Agent), R/o Vill. Banon, P.O. Balh Jolly, At present NAC Market, Joginder Nagar, District Mandi, H.P. Respondents... Coram Hon ble Mr. Justice (Retd.) Surjit Singh, President. Hon ble Mrs. Prem Chauhan, Member. Hon ble Mr. Vijay Pal Khachi, Member. Whether approved for reporting? 1 For the Appellants: Mr. Jagdish Thakur, Advocate For the Respondent No.1: Ms. Ambika Kotwal, Advocate. For the Respondent No.2: None. 1 Whether reporters of the local papers may be allowed to see the order?

2 O R D E R: Justice (Retd.) Surjit Singh, President (Oral) Appellants have preferred this appeal against the order dated , of the learned District Consumer Disputes Redressal Forum, Mandi, whereby, a complaint, under Section 12 of the Consumer Protection Act, 1986, filed against them and respondent No.2, by respondent No.1-Shri Mool Raj, has been allowed and they have been jointly and severally ordered to pay a sum of `2.50 lacs, with interest at the rate of 9% per annum, from January, 2013 to the date of payment of the aforesaid amount of money, and also to pay `5,000/-, as compensation, and `2,000/-, as litigation expenses. 2. Respondent No.1, Mool Raj, filed a complaint, under Section 12 of the Consumer Protection Act, 1986, alleging that on being persuaded by respondent No.2-Gursharan Parmar, acting as an agent of the appellants, he wanted to have a single premium policy from the 2

3 appellants, for which he paid a sum of `50,000/-, against receipt dated He alleged that respondent No.2 represented to respondent No.1/complainant that the policy was to remain in force for a period of five years and that at the end of the aforesaid period of five years, he was to be paid a sum of `2.50 lacs. It was stated that when the policy was received and it was found that the policy did not speak of payment of a sum of `2.50 lacs on the expiry of five years period and that instead the policy indicated that its term was for ten years, the complainant contacted respondent No.2, who assured that there appeared to be some typographical mistake in the policy papers and there was no need for him to worry. It was further alleged that on 1 st February, 2013, respondent No.1 received a cheque for a sum of `29,841/- from the appellants, upon which he issued a legal notice upon the appellants, demanding a sum of `2.50 lacs and when there was no response to the legal notice, he was left with no alternative but to file a complaint. He 3

4 prayed for issuance of a direction to the appellants and respondent No.2 to pay a sum of `2.50 lacs and also to pay compensation and litigation expenses. 3. Appellants contested the complaint and denied that any misrepresentation was made by them, or their agent, to respondent No.1. It was also denied that the policy was a single premium policy and that, as a matter of fact, respondent No.1 was supposed to have paid the premium for a period of five years at the rate of `50,000/- per annum and that he having not paid the premium for a period of four years, the policy had been terminated and the surrender value worked out in accordance with the terms & conditions of the policy, was paid to him on 1 st February, Learned District Forum has allowed the complaint and passed the impugned order. 5. We have heard learned counsel for the parties and gone through the record. 4

5 6. Copy of the proposal form, which was filled in by respondent No.1/complainant is available at pages 55 & 56. The age of the complainant is recorded as twenty-six years. The proposal form, in Col. No.4, speaks of the sum assured as `2.50 lacs. It is perhaps on the basis of this figure appearing in Col. No.4 of the proposal form that the complainant/respondent No.1 claims that he is entitled to a sum of `2.50 lacs on the expiry of five years period. The term, for which the policy was to remain in force, does not find mention in the proposal form though there is a figure 005 years written in hand against word Multiplier and this figure is mentioned against the figure of premium, i.e. `50,000/-. 7. Policy papers were admittedly made available to respondent No.1/complainant in January, The same are Annexure C-1. In the policy, it is mentioned that the sum assured for the life assured, i.e. respondent No.1, was `2.50 lacs and the term of the policy was ten 5

6 years. Though the policy records that frequency of the payment of premium is annual and the rate of premium is `50,000/- and the term is ten years, yet it is the appellants own case that the premium was to be paid for five years. Though the policy was to mature on the expiry of ten years period from the date of its issue, at the same time, it is mentioned in the policy that the total premium payable for the selected mode was `50,000/-. Reference in this behalf may be made to the last column at page-36 of the record of the learned District Forum. Now, if the total premium payable for the selected mode was `50,000/-, there should be no reason to disbelieve the complainant s version that he had gone in for a single premium policy as he paid the total premium, in one go, before the issuance of policy. However, the policy was to remain in force for a period of ten years as its maturity date, as mentioned in the policy, was The sum assured mentioned in the policy as `2.50 lacs, did not mean that on the 6

7 maturity of the policy, complainant/respondent No.1 was to be paid a sum of `2.50 lacs. Sum assured has been defined in the policy document, vide definition bb). It is the amount specified in the schedule, comprising the minimum amount payable to the nominee, upon the death of the life assured, after the date of the commencement of the policy. Therefore, this amount of `2.50 lacs has nothing to do with the money payable to the policyholder on the maturity of the policy. This amount refers to the payment to be made to the nominee of the policyholder in the event of the policyholder dying before the date of the maturity of the policy. 9. The claim of respondent No.1, the complainant, that he was entitled to a sum of `2.50 lacs on the expiry of a period of five years, is unacceptable. This was a Century Plus Policy and as per its terms, particularly Section 6(b), pertaining to maturity benefit, respondent No.1/complainant was entitled, if he remained alive on the maturity date, the regular premium 7

8 fund value and the top-up premium fund value, if any, as on the maturity date provided the policy was not terminated, per Section Section-25 of the policy reads as follows:- Termination Conditions This Policy shall automatically terminate on the earlier occurrence of either of the following events: a) The Units in the Policy are fully surrendered; b) The Regular Premium Fund Value less Surrender Charge as per Section 33(g) falls to be an amount equivalent to one annual premium provided Regular Premiums have been paid for 3 full years; c) Upon the Life Assured s death; d) Upon the Policy remaining lapsed per Section 5(b) for four years. e) On the Maturity Date, unless the Policyholder has opted for the Settlement Option or f) The expiry of the period for the Settlement Option. 11. In the present case, respondent No.1/complainant never asked for termination of the policy or the payment of the surrender value. Also, it being a single premium policy, and the total amount of the premium, which is mentioned 8

9 as `50,000/-, having been paid even before the issuance of the policy, the appellants could have also not terminated the policy on the ground of its having lapsed. Thus, the termination of the policy by the appellants was unwarranted and contrary to the terms & conditions of the policy. The policy was to be allowed to mature and on the date of the maturity its regular fund value and top-up premium value, if any, was to be paid. 12. In view of the above stated position, appeal is allowed, impugned order set aside and the complaint filed by respondent No.1/ complainant is disposed of in the following terms:- Respondent No.1/complainant, within one month from today, shall pay back the amount of `29,841/- paid by the appellants to him, through cheque dated , and in case he pays back the aforesaid amount of money, within one month, the appellants shall treat the policy as in force, as if it had never been terminated, and on the date of its maturity, i.e , appellants 9

10 shall pay the maturity benefits to respondent No.1/complainant, in terms of Section 6(b) of the policy. 13. A copy of this order be sent to each of the parties, free of cost, as per Rules. (Justice Surjit Singh) President (Prem Chauhan) Member November 17, DC Dhiman) (Vijay Pal Khachi) Member 10

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