Orissa

Sambalpur

CC/7/2020

Brajendra Kumar Nanda - Complainant(s)

Versus

1- Additional Director General APS, PLI - Opp.Party(s)

Sri G.P.Lal and Associates

31 Oct 2022

ORDER

PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO. 07/2020

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

 

Brajendra Kumar Nanda,

S/O- Late Bipin Bihari Nanda,

At-Late B.B. Sinha R/O- Burla, Near Bishnu Mandir,

PO/Ps- Burla, Dist- Sambalpur                                               ...………..Complainant

                                                Versus

 

1. Additional Director General APS, Postal Life Insurance,

C/O-56 APO, Sena Dak Bhawan, Rao Tula Ram  Marg,

New Delhi-908716.

2. Chief Post Master General,

4^th  Street, Bidhan Sabha Chowk, Unit-3, Kharvel Nagar, Bhubaneswar, At/PO-Bhubaneswar, Dist-Khurda.

3. The Post Master, Postal Life Insurance Cell,

Head Post Office, Sambalpur.

At/Po-Sambalpur, Dist-Sambalpur.                     …………...Opp.Parties

 

Counsels:-

1. For the Complainant                   :-         Sri. G.P.Lal, Advocate & Associates
2. For the O.P.s                                 :-         Supttd. Of Post Officers, Sambalpur.

 

Date of Filing:04.03.2020,Date of Hearing :20.09.2022, Date of Judgement : 31.10.2022

  Presented by Dr. Ramakanta Satapathy, PRESIDENT,

1. The case of the Complainant is that the Complainant accepted a postal life Insurance policy bearing No. APS-1348335 dated 12.09.2012 for an amount of Rs. 1.00lakh with monthly installment of Rs. 1215/- and the policy matured on 24.09.2019. The O.P. No.1 on 28.09.2012 issued the acceptance letter of the policy w.e.f. 24.09.2012. On 15.02.2014 the Complainant sent letter No. 217/Sigs/02/Gen from his work place to O.P. no.1 to transfer the policy to the Main Post office, Burla Branch, district, Sambalpur as the complaint had taken premature retired w.e.f 30.04.2014.

On 29.04.2014 the MB area SDD Unit C/O 56 APD of the Complainant informed the Complainant about the transfer of the policy to the O.P. No.1 where the name of the Complainant is in Sl. NO. 13. The Complainant was with impression that the policy has been transferred by the O.Ps. On 03.12.2019 the complaint made a complaint to O.P. no.3 with copy to O.P. no.1 and 2 but no any information was provided by the O.Ps and the policy lapsed. On 12.12.2019 the O.P. No.1 informed the Complainant that the policy was transferred to O.P. no.2 on 07.05.2014 and mentioned that the policy could not be surrendered as the Complainant has not deposited 36 monthly installments and advised the Complainant to deposit the rest amount in the nearest Head Post office i.e. O.P. No.3. To save the skin O.P. No.1 & 3 informed the Complainant to deposit. For the negligence of the O.Ps the Complainant suffered and sustained Financial loss.

2. The O.Ps through superintendent of posts, Sambalpur submitted their version. The O.Ps submitted that the Complainant has deposited premium up to 30.04.2014 i.e. for 20 months till his discharge from Military service. As premium of 36 months not deposited, he is not eligible to get maturity claim as per Post Office Life Insurance Rules, 2011. On 03.12.2019 the Complainant submitted one application for maturity claim on 03.12.2019. As per Rule 49 of POLI Rules, 2011 even if the premium Receipt Book is not received by the insured, he should pay the amount by the due date in cash as the selected post office provided a certificate from the last disbursing officer. In such case the Post Master shall grant a receipt of the amount in ACG-67. The Complainant has not followed the procedures and instructions, not deposited 36 installments and accordingly not entitled for maturity value as per Rule 56(1) of POLI Rule 2011.
3. Perused the documents filed by the Complainant and O.Ps. The Following issues are framed:
103606587.  

1. Is there any lapse on the part of the O.Ps regarding policy No. APS-1348335 and deficiency in service.
2. What relief the Complainant is entitled to get?

Issue No.1 Is there any lapse on the part of the O.Ps regarding policy No. APS-   1348335 and deficiency in service.

In the postal Life Insurance Policy No. APS-1348335 the Complainant has deposited premium of Rs. 1215/- per month for 20 months till his discharge from military service i.e. 30.04.2014 and thereafter not deposited the rest 36 installments. The insured submitted maturity claim application on 03.12.2019. The O.Ps categorically reflected the procedures how a lapse policy can be revived. The Major, DAAQMG APS (PLI) for addl. D.G.APS vide letter dated 12.12.2019 informed the Complainant to surrender the policy by depositing 36 installments. The Complainant only paid 20 months installment and was advised to pay the  outstanding period at nearest and civil Head Post Office.

As per Rule 49 of the Post Office Life Insurance Rules, 2011 the Complainant has not deposited any amount along with certificate of disbursing officer. The Policy of the Complainant and as per Rule 56(1) of the POLI Rule, 2011 the Policy became void.

On 03.12.2019 the Complainant requested the O.P. No.3 to refund the deposit amount. In the said letter the Complainant admitted the fact of direct deduction till March 2014 from Salary and not whispered about the rest installments. A person coming to the Commission should come with clean hand. The O.Ps  as per Rules rightly suggested to deposit the remaining 30 installments for revival of the lapsed policy.

The issue is answered accordingly and found no deficiency in service on the part of the O.Ps.

Issue No. 2 What relief the Complainant is entitled to get?

The O.Ps have rightly suggested the Complainant and the major DAAQMG APS(PLI) vide letter dated 12.12.2019 has given an opportunity for revival of the policy. Without reviving the policy, the Complainant sort Redressal before this Commission. As per Rule 56(1)  of the POLI Rule 2011 the Complainant forfeited his claim as  the policy became void.

The issue is answered accordingly and it is ordered:

 

ORDER

The complaint is dismissed on contest against the O.Ps. The Complainant is not entitled for any relief as claimed for. Parties will bear their own cost.

Order pronounced in 31^st day of October, 2022.

Supply free copies to the parties.