K IN THE TAMILNADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI.

Present: Hon’ble THIRU JUSTICE R. SUBBIAH : PRESIDENT THIRU R VENKATESAPERUMAL : MEMBER F.A. No. 139 of 2017 (Against the order passed in C.C. No.13 of 2014 dated 30.01.2017 on the file of the D.C.D.R.F., Chennnai (North).

Thursday, the 29^th day of September 2022 R. Chander S/o. Late Mr.C. Ravindran No.5, Veerasamy Street Royapuram Chennai- 600 013. .. Appellant/ Complainant - Vs –

1. The Manager M/s. Balaji Alliance Life Insurance Company Ltd., Old No.276 & 277, New No.497 & 498

4th Floor, Isana Kalthima Building Poonamallee High Road Chennai – 600 106.

2. The Manager M/s. Balaji Alliance Life Insurance Company Ltd., No.1078, II Floor United Chambers, Sathy Road Coimbatore – 641 006

3. The Chief Operating Officer M/s. Balaji Alliance Life Insurance Company Ltd., G.E. Plaza, Airport Road Yerwada, Pune – 411 006 .. Respondents/

Opposite parties Counsel for Appellant /Complainant : M/s. V. Balaji Counsel for the Respondents/

Opposite parties : M/s. S.Namasivayam This appeal is coming before us for final hearing today, on

20.05.2022, and on hearing the arguments of the counsel for the Appellant and the Opposite parties and on perusing the material records, this Commission made the following :-

O R D E R

R.SUBBIAH J., PRESIDENT This appeal has been filed under Section 15 of the Consumer Protection Act, 1986 as against the order dated 30.01.2017 passed by the District Consumer Disputes Redressal Forum, Chennai (North) in C.C. No.13 of 2014, dismissing the complaint filed by the appellant herein.

2. The factual background culminating in this appeal is as follows: It is the case of the complainant that his father C. Ravindran, had taken a life insurance policy bearing No.0141114318 from the opposite parties, for an assured sum of Rs.2 lakhs. He has given the complainant’s name as his nominee in the policy. The date of commencement of policy was 01.12.2009 which ends on 01.12.2024. The annual premium payable was Rs.20,000/-, on or before 1^st December every year. The grace period of 30 days end by 1^st January of corresponding year. The complainant’s father paid the first premium on 03/11/2009. Whileso, on 24.07.2012, the complainant’s father died due to “Cardio Respiratory Arrest”. Thereafter, the complainant had made a claim by submitting the original policy to the opposite party, through RPAD. The opposite parties had returned the policy papers. Therefore, the complainant issued a legal notice on 27.09.2013 to all the opposite parties. On receipt of the legal notice, the 1^st opposite party sent a reply on 09.10.2013, making untenable statements. Hence, alleging deficiency of service on the part of the opposite parties, the complainant has filed the complaint before the District Forum, seeking the following directions to the opposite parties :-

1) to pay the sum assured amount of Rs.2,00,000/- together with bonus and interest thereon;

2) To pay a sum of Rs.50,000/- towards damages and mental agony; and

3) To award a sum of Rs.10,000/- as cost.

3. Resisting the complaint, the opposite parties have filed a version stating that the complainant’s father C. Ravindran gave a proposal for Bajaj Allianz New Unit Gain of the Bajaj Allianz Life Insurance on 30.11.2009. The sum assured was Rs.2,00,000/-. The term of the policy was 15 years. The annual premium was Rs.20,000/-. Based on the information furnished by the applicant, the policy bearing No.0141114318 was issued, which commenced on 01.12.2009 and ends on 01.12.2024. The insurer was an educated person and had signed all the documents in English. Further, he was well aware of the policy features and the consequences of non- payment of premiums. He has availed another policy with the company, which establishes his knowledge about the insurance policies and obligations thereunder. Therefore, the opposite parties cannot be held responsible for the consequences of non-payment of premium by the policy holder. The said C.Ravindran, aged