STATE CONSUMER DISPUTES REDRESSAL COMMISSION
PNB METLIFE INDIA INSURANCE COMPANY LIMITED – Appellant
Versus
KULWINDER KAUR WIFE OF SH. RANVIR SINGH – Respondent
SC/3/A/466/2024
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH Date of institution : 14.08.2024 Date of Reserve : 12.03.2025 Date of Decision : 03.04.2025
1. PNB MetLife India Insurance Company Limited, Unit No.701, 702 and 703, 7th floor, West Wing, Raheja Towers, 26/27, MG Road, Banglore-560001 through its Authorized Signatory.
2. PNB MetLife India Insurance Company Limited, S.F.-1, The Mall Complex, Sutheri Road, Hoshiarpur through its Manager, both through their Authorized Signatory Mr.Sanchit Gupta, Manager Legal, PNB MetLife India Insurance Company Limited, available at Unit No.302, Tower-3, World Mark, Maidewas Road, Sector 65, Gurugram.
…….Appellants/Opposite Parties Versus Kulwinder Kaur, wife of Sh.Ranvir Singh, Resident of Village Wahid, P.O. Sham Chaurasi, Tehsil and District Hoshiarpur.
…...Respondent/Complainant First Appeal under Section 41 of the Consumer Protection Act, 2019 against the Order dated 04.06.2024 passed by the District Consumer Disputes Redressal Commission Hoshiarpur in CC No.201 of 2020.
Quorum:-
Hon’ble Mrs. Justice Daya Chaudhary, President Ms. Simarjot Kaur, Member Mr. Vishav Kant Garg, Member
1) Whether Reporters of the Newspapers may be allowed to see the Judgment? Yes/No
2) To be referred to the Reporters or not? Yes/No
3) Whether judgment should be reported in the Digest? Yes/No Present :-
For the appellants : Sh.Sanjeev Goyal, Advocate For the respondent : Sh.Kapil Khanna, Advocate SIMARJOT KAUR, MEMBER This Appeal has been filed by the Appellants/Opposite Parties under Section 41 of the Consumer Protection Act, 2019 (in short ‘The Act’) being aggrieved by the impugned Order dated 04.06.2024 passed by the District Consumer Disputes Redressal Commission Hoshiarpur (in short ‘the District Commission’) whereby the Complaint of the Complainant had been disposed off.
2. It would be apposite to mention that hereinafter the parties will be referred, as had been arrayed before the District Commission.
3. Briefly, the facts of the case as made out by the Complainant before the District Commission are that the husband of the Complainant had taken an Insurance Policy bearing No.2227427 dated 07.08.2017 from OP No.1. The husband of the Complainant had paid his first premium of Rs.24,999/- on 28.07.2017. Thereafter he paid regular premium on its due date. He had paid last premium of Rs.24,460/- on 29.08.2019. The next premium was due on 29.02.2020. In the month of February, 2020, the husband of the Complainant was bed ridden. The date to pay premium date was only within his knowledge. Unfortunately, the husband of the Complainant had expired on 10.03.2020 due to illness. The policy was valid, as it was still under grace period. The Complainant had immediately approached OP No.1, for release of full sum insured i.e. an amount of Rs.5 lac as prescribed in the policy. However, the OP No.1 had refused to pay the insured amount with the remarks that the policy had lapsed due to non-
payment of last premium within time.
4. Further it was mentioned in the Complaint that as per clause 2, part B at Serial No.15 “Grace period means a period of 15 days from the premium due date if the installment premium is payable monthly and 30 days for all other frequencies for payment of installment premium. It was mentioned in the policy that the policy shall continue to be inforce with the insurance cover during the grace period. The last premium was paid on 29.08.2019 and the next premium was due on 29.02.2020. So, the grace period of the policy in question was 30 days. The grace period had expired on 28.03.2020 whereas the policy holder expired on 10.03.2020. It clearly shows that he had expired during the continuation of the policy. Hence, the Complainant was entitled to receive the claim of sum insured amount.
5. The OPs were served with the legal notice but they had refused to pay the full sum assured as claimed in the notice dated 09.06.2020. The Complainant had suffered mental and physical harassment due to the act of OPs. Henc
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