Last Updated on October 26, 2021 by Satish Mishra
The post covers SBI General Insurance Consumer Complaint wherein policy not renewed on time as reminder not sent & appeal filed against District Forum Order.
Consumer Appeal against State Bank of India General Insurance Company Ltd. and others.
This post is a summary of a judgement wherein consumer appeal was preferred against the decision of the district consumer dispute redressal forum in the case against State Bank of India general insurance company Ltd. in which the court allowed the appeal directing the respondents to renew the insurance policy and also pay compensation to the extent of Rs 15,000 towards mental agony, physical harassment and deficiency in service and litigation cost. Wherein, the policy was not renewed within the specified time limit and the insurance company was found to be deficient in providing services.
Judgement digest
State Consumer Disputes Redressal Commission
Mrs. Meghna Dixit vs SBI General Insurance Company
Date of Decision- 3rd July, 2019
Complainants:
- Mrs Meghna Dixit
Opposites:
- SBI General Insurance Company Limited, State Bank of India, SCO No.335-336, First Floor, Sector 35-B, Chandigarh.
- SBI General Insurance Company Limited, State Bank of India, Main Branch, SCO No.43-48, Banking Square, Sector 17, Chandigarh.
- SBI General Insurance Company Limited, “Natraj” 101, 102 & 103, Junction of Western Express Highway & Andheri Kurla- Road, Andheri (East) Mumbai 400069.
Quorum: MRS. PADMA PANDEY
- RAJESH K. ARYA, MEMBER present
Also Read- Sbi General Insurance Company … vs Abhishek Garg
Facts of the case:
- The case of the appellant/complainant is that she took Health Insurance Policy from Main Branch of State Bank of India, Sector 17, Chandigarh, which was due for renewal on 28.3.2018.
- It was stated that no reminder for renewal of the said policy was sent by the respondents/opposite parties nor any of their official was present at the branch to assist the appellant/complainant.
- It was further stated that later on one insurance official of the respondents/opposite parties visited the complainant and took the cheque for the premium amount and also got the paper signed but subsequently, the said cheque was returned on the pretext that the computer system was not accepting the backdated cheque.
- It was further stated that the appellant/complainant was also advised to buy a new policy but she did not accept that. Being aggrieved, the appellant/ complainant sent legal notice to the respondents/opposite parties to renew the policy but to no avail.
- The respondents/opposite parties, while contesting the complaint, in their written statement, stated that the liability to get the policy timely renewed was on the part of the insured/ complainant for which 30 days grace period was also provided.
- It was further stated that renewal notice dated 3.1.2018 was duly sent to the appellant/complainant and even their official contacted the appellant/complainant for renewal of the policy but the same was refused on the pretext that the complainant was looking for other option with other insurers for portability.
- It was further stated that after the expiry of the grace period, father of the appellant/ complainant called the official of the respondents/opposite parties for renewal premium but by that time the grace period had already expired.
- The Forum by referring to Clause 16 of the Insurance Policy, dismissed the complaint on observing the following grounds:
- The renewal date has expired by a flux of time.
- Laches on the part of complainant to pay the amount, if a back dated cheque wasn’t being accepted, she could have made the payment through NEFT, RTGS or online payment methods.
- There is no fact to warrant the dictate for renewal of policy.
- The complainant has preferred an appeal against the order of the District Consumer Dispute Redressal Forum.
Also Read- Sbi General Insurance Company … vs Sri. Jayanta Majumder
Issues/ controversy involved
Does non-renewal of insurance policy on the ground that no reminder was sent to the insured for the due date of the renewal constitute deficiency in services.
Cite judgements
No reliance has been placed on any case law in the present matter.
Finding of court
- The court is in opinion that the forum has wrongly dismissed the complaint filed by the complainant.
- The court has further allowed the appeal and has set aside the impugned order passed by the district forum.
Also Read- T.RAMAKKA v. SBI GEN INSURANCE – CaseMine
For case specific advice please contact consumer forum advocates lawyers in Chandigarh Panchkula Mohali Kharar Zirakpur Derabassi .
More on 99888-17966.