State Consumer Disputes Redressal Commission
Life Insurance Corporation Of India. vs Smt. Bobi. & Ors. on 25 March, 2021
H. P. STATE CONSUMER DISPUTES REDRESSAL
COMMISSION SHIMLA
First Appeal No. : 89/2019
Date of Presentation: 27.12.2018
Order Reserved on : 15.03.2021
Date of Order : 25.03.2021
......
Life Insurance Corporation of India, Branch Office Chamba near
Nayyar Palace, Mohalla Upper Julakari, Chamba-HP through its
Chief Branch Manager.
........Appellant/Opposite party.
Versus
1. Smt. Boby w/o late Sh. Kamlesh R/O Village Palel, Pargna
Dhundhi, Tehsil Chamba, District Chamba, HP.
2. Madhubala d/o late Sh. Kamlesh R/O Village Palel, Pargna
Dhundhi, Tehsil Chamba, District Chamba, HP
3. Yadvinder s/o late Sh. Kamlesh R/O Village Palel, Pargna
Dhundhi, Tehsil Chamba, District Chamba, HP
4. Sudershan s/o late Sh. Kamlesh R/O Village Palel, Pargna
Dhundhi, Tehsil Chamba, District Chamba, HP
.......Respondents/Complainants.
Coram
Hon'ble Ms. Sunita Sharma, Presiding Member
Hon'ble Mr. R.K.Verma, Judicial Member
Whether approved for reporting?1
For Appellant : Mr. Narender Verma vice Mr.Narender
Sharma, Advocate.
For Respondents : Already ex-parte.
Ms.Sunita Sharma, Presiding Member:
O R D E R :-
1. Present appeal is filed against the order dated 30.10.2018 passed by Learned District Consumer 1 Whether reporters of the local papers may be allowed to see the order?
Life Insurance Corporation of India Vs.Smt. Bobi & Others F.A. No.89/2019 Forum/Commission, Chamba, in consumer complaint No.23/2018 titled Smt.Boby & Others Versus Life Insurance Corporation of India.
Brief facts of consumer complaint:
2. Briefly, the case of complainants is that Sh.
Kamlesh Kumar was working as Baildar in HPPWD Department. He had purchased insurance policies bearing No.154705226, 154705227 and 154705307 of Life Insurance Corporation of India. Premium of the aforesaid policies was being deducted by the employer. According to complainants, Sh. Kamlesh Kumar died during the subsistence of the insurance policies. Thereafter claim was lodged by them with the opposite parties, but the same was refused on the pretext that policy was not in force as installments were not deposited within time. It is pleaded that it was duty of the employer to deposit the installments to Insurance company and the deceased was not at fault since premiums were being deducted from his salary by the employer. They have been harassed. There was deficiency in service on the part of. Hence, this complaint before learned District Commission below.
3. The complaint is contested by the opposite parties by filing reply taking preliminary objections regarding maintainability and cause of action. On merits, it is admitted that policies in question were issued in favour of deceased life 2 Life Insurance Corporation of India Vs.Smt. Bobi & Others F.A. No.89/2019 assured. It is contended that deceased life assured has opted for SSS policy and submitted form No.NZ111 alongwith other documents. It is pleaded that opposite parties did not receive premiums under these policies for the month of March, 2016. It is further pleaded that as per form No.NZ111, it shall be the responsibility of the life assured to ensure that installment premium is deducted from his salary and remitted to the Corporation or failing that premium is paid directly to the Corporation within days of grace. Since the policies lapsed due to non-payment of premiums/remittance of premium due on 2016, therefore, nothing is payable as per condition No.4 of the policy bond. There was no deficiency in service. Hence, a prayer for dismissal of complaint has been sought.
4. Complainants filed rejoinder and reasserted the allegations mentioned in consumer complaint.
5. The parties have led evidence by way of affidavits in support of their respective claims and also filed documentary evidence.
6. We have heard learned counsel appearing on behalf of appellant. Respondents are already ex-parte. We have also perused entire record carefully.
7. Following points arise for determination in present appeal.
1. Whether appeal filed by appellant is liable to be accepted as mentioned in memorandum of grounds of appeal?
3 Life Insurance Corporation of India Vs.Smt. Bobi & Others F.A. No.89/2019
2. Final order.
Findings upon point No.1 with reasons:
8. Learned counsel for the appellant argues that learned Forum below has not decided the matter on the facts and circumstances of the case as the learned Commission below has directed the appellant to pay the sum assured alongwith interest to the minor in Policy No. No.154705226.
However, as per the terms and conditions of the policy, the sum assured is not payable in the instant policy till the beneficiary attains the age of majority. No other point or ground raised on behalf of the appellant and other grounds raised in the appeal are not pressed.
9. We have seen the policy document Annexure R- OP/1 bearing No.154705226, in which the proposer is Sudarshan Kumar son of deceased Kamlesh Kumar, who is minor and also from the perusal of the record, especially copy of parivar register, Annexure C-8, Sudarshan Kumar S/o Kamlesh Kumar was born on 05.05.2005 and it is clear that as of today, he is still minor. Therefore, benefits of minor cannot be released till he/she attains the age of majority. To this extent, the appeal filed by the appellant deserves to be allowed. Point No.1 is decided accordingly. Point No.2: Final Order
10. In view of findings upon point No.1 above, appeal filed by appellant is partly allowed to the extent that benefits 4 Life Insurance Corporation of India Vs.Smt. Bobi & Others F.A. No.89/2019 of Sudarshan son of deceased Kamlesh Kumar, who is still minor cannot be released till he attains the age of majority. Order of learned District Commission is modified accordingly. Parties are left to bear their own litigation costs.
11. Certified copy of order be transmitted to parties forthwith free of costs strictly as per rules. Certified copy of order be sent to learned District Forum/Commission forthwith for information and file of State Commission be consigned to record room after due completion forthwith. F.A.No.89/2019 is disposed of. Pending application(s) if any also disposed of.
Sunita Sharma Presiding Member R.K.Verma Judicial Member 25.03.2021 Manoj 5