IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution : 13.09.2013 Date of Reserving the order : 05.12.2025 Date of Decision : 27.04.2026 FIRST APPEAL NO.-483/2019 IN THE MATTER OF BABY VYOMICA NANCHAHAL AGED ABOUT 14 YEARS THROUGH HIS GRAND MOTHER MRS. SUDERSHAN KUMARI W/O LATE MR. TARSEM KUMAR, (EARLIER RESIDING AT A-53, R-BLOCK, DILSHAD GARDEN, DELHI-110095)

PRESENTLY R/O GYATRI NIWAS, B-115, PREET VIHAR, DELHI-110092 …APPELLANT (Through: Dr. Ashutosh, Mr. Dalip Singh, Ms. Fatima & Ms. Monal, Advocates Mob.9810009232)

VERSUS THE MANAGING DIRECTOR/ CHAIRMAN/IN-CHARGE, AVIVA LIFE INSURANCE COMPANY INDIA LTD.

2ND FLOOR, PRAKASHDEEP BUILDING, 7 TOLSTOY MARG, NEW DELHI-110001 ……RESPONDENT (Through: Mr. Gurmeet Bindra, Ms. Amita Kumari & Ms. Pallavi, Advocates Mob.9311851166 &

Email: gurmeet@gbalawoffices.com)

CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL PRESIDENT HON’BLE MS. PINKI, MEMBER (JUDICIAL)

Present : Mr. Nitish Kumar proxy counsel for the appellant.

Counsel for the respondent.

HON’BLE MS. PINKI, MEMBER (JUDICIAL)

JUDGMENT

1. By this judgment, we shall dispose of the appeal filed by the Appellant against the impugned order dated 15.07.2019, passed by Consumer Disputes Redressal Forum-VI, (New Delhi District), M- Block, 1st Floor, Vikas Bhawan, I.P. Estate, New Delhi-110001 (hereinafter referred to as District Forum), in Complaint Case no. 678/2012 titled as Baby Vyomica Nanchahal vs. Aviva Life Ins. Co. India Pvt. Ltd. inter-alia praying for setting aside the order passed by the District Forum.

2. While the Appellant was Complainant before the District Forum and the Respondent was Opposite Party before the District Forum.

3. The facts of the case as per the District Forum, record are as under:

“……The gist of the complaint is that the complainant had taken Life Insurance Policy bearing No.RPG1547870 with commencement date being 26.4.2007 from the executive of OP who intimated her that she had to pay Rs.16000/- p.a. for a period of 5 years and after completion of said five years she would get Rs.1.5 lakh as lump sum amount. The complainant paid the said amount regularly expecting the payment of Rs.1.5 lakh but she got only a sum of Rs.79,598/- after five years. Despite her repeated request to the concerned executive and officials of OP, she had not got any favourable response till date against the policy bearing No.RPG1547870.

2. The complainant had also taken Life Insurance Policy No.REG 1560766 (Risk commencement dated 9.5.2007) in the name of her minor grand-daughter on the same terms but for a period of ten years. She decided to discontinue the said policy, after receiving a sum of Rs.79,598/- against the policy bearing No.RPG1547870 instead of Rs.1,50,000/-. Accordingly, she asked the OP Co. to refund the deposited amount along with the bonus and other benefits. But this time also against the surrender of the policy, she received only Rs.62,257/- instead of deposited amount of Rs.80,000/-. Despite her repeated request to the concerned executive and officials of OP, neither she was given any explanation regarding the short payment nor she was entertained properly. The complainant sent legal notice dated 25/06/2012 to the OP but no response was given to her till date. Complainant, therefore approach this Forum for redressal of her grievance.”

4. The District Forum after taking into consideration the material available on record passed the judgment dated 15.07.2019, whereby it held as follows:

“6. Some facts are not disputed by the parties such as the policy documents, payment of premiums and the request of surrender of policy on behalf of complainant. The OP had placed on record the copy of standard terms and conditions of the policy in question. Admittedly, the complainant received the policy in the year 2007, if she was not satisfied with the policy than he ought to have approached the OP for the cancellation of the policy. On the contrary, she continuously paid five premiums against the policy in question. Th