DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SUBARNAPUR
C.C. No.23 of 2022
Gitanjali Panda, W/o. Sunil Panda, R/o. village and P.O. Nakdein, P.S. Ullunda, District - Subarnapur, Mob9556383225.
………….. Complainant
Vrs.
1. Superintendent of Post Office, Bolangir Division, Bolangir, At/P.O./P.S./ District - Bolangir
2. Post Master Head Post Office, Bolangir, At/P.O./P.S./ District - Bolangir
3. Nakdein Branch Post Master, At/P.O. Nakdein, P.S. Ullunda, District - Subarnapur.
4. Sub - Post Master, Ullunda, At/P.O./P.S. Ullunda, District - Subarnapur.
………….. Opp. Parties
Advocate for the Complainant …………. None
Advocate for the O.Ps. …………. None
Present
1. Sri U.N. Purohit, President
2. Sri H. Padhan Member
Date of Filing Dt.26.12.2022
Date of Hearing Dt.24.03.2023
Date of Order Dt.10.04.2023
J U D G E M E N T
By Sri U.N.Purohit, P.
The complainant filed complaint petition U/s. 35 of C.P. Act 2019. The brief fact of complaint is that the complainant was subscriber of Postal Life Insurance for sum assured Rs.15000/- and deposited monthly premium Rs.107/- each. She deposited premium up to 2016 from 01.05.2012 for 46 months total amount Rs.4981/- deposited as premium as subscriber of Postal Life Insurance. Complainant avail service for consideration of premium she is a consumer and she is being Resident of Subarnapur District. The complaint is within the pecuniary and territorial jurisdiction of this commission. After 46 installment the O.P. refused to accept premium and passed refund order vide advise No.10518 communicated to the complainant. The complainant applied for information why her premium not accepted and could know that the reason was overage. The O.P. for a long period
-: 2 :-
without any objection accepted the premium, they also accepted the application at the time of subscription and rejection after 4 years amounts to unfair trade practice and deficiency in service.
The O.Ps. agrees to refund the deposited amount and not yet refund the same. The complainant approached O.Ps. at last 08.12.2022 but they became silent, hence the cause of action arose on 08.12.2022. The O.Ps. failed to provide proper service and caused harm to the complainant, causing injury to her mind and financial loss.
Though, the policy was rejected not yet refund the amount as such they are liable for compensation and refund the amount with permissible high rate of interest on fixed deposit. The complainant claims refund of Rs.4981/- with high rate of interest and compensation of Rs.10,000/- for mental agony and harassment and Rs.2000/- towards cost of litigation. The complainant filed R.T.I. dt.18.05.2020, 16.03.2020, 27.07.2020 refund order advise No.281 dt.10.05.2018 and premium receipt.
The O.Ps. appeared and filed their version admitting that the complainant submitted proposal form for purchase of RPLI with sum assured Rs.15,000/-. The complainant had paid Rs.107 towards premium amount on 01.05.2012 to 15.02.2016. She paid Rs.4981/- due to over age her policy was rejected. The complainant submitted application for refund of amount which was received by O.P. No.1 on 20.09.2016 and issued advise note on 10.05.2018 but till date the complainant has not come forward to receive the refund money. The complainant is not a consumer for a long time one should not have deposited the premium without receiving the policy details, it was the fault of the complainant. The O.P. No.1 took step after the policy proposal of the complainant was rejected, refund order No.281 dt.10.05.2018 and a copy was supplied to the complainant. It is the duty of the complainant to ascertained her status of policy proposal. The O.Ps. never involved in unfair trade practice or deficiency in service. The amount not yet refund due to fault of the complainant and the complaint petition is liable to be dismissed.
-: 3 :-
On this back ground the following questions required to answered for conclusion of the case.
i). Is the complainant is a Consumer.
ii). Is the O.Ps. accepting the premium amount for a long time and rejected the RPLI is amounts to deficiency of service.
iii). Is the complainant entitled to any relief .
All the question taken together.
Perused the complaint petition, version and documents filed by both the parties, it is admitted that the complainant is a subscriber of RPLI and paid premium as such she is a consumer of insurance service provided by the O.Ps.
It is admitted by the O.Ps. that the complainant subscribe RPLI on 01.05.2012 and paid premium till February 2016 for about 46 months it was accepted by the O.Ps. and provided payment receipt. They also provided receipt on 08.08.2012 for above RPLI, so the O.ps. knowingly all the terms and condition accepted the premium for 46 months without refusing the same on the first installment or on payment of 2nd Installment, they have not made correspondence to the complainant regarding her non eligibility due to over age for a long period amounts to deficiency of service and unfair trade practice as such they are liable for the same.
Hence, we comes to conclusion that the O.Ps. committed gross negligence in accepting the premium for a long period and finally refused, thereby they have hurt to the mind of the complainant and caused financial loss. So we direct the O.Ps. to refund Rs.4981/- with 12% interest from the date of refund order i.e. dt.10.05.2018 and Rs.2000/- towards compensation for mental agony and harassment and Rs.1000/- towards cost of litigation will meet the ends of justice.
Hence we conclude and directed the O.Ps. comply the order within one month of this order. Complaint is partly allowed.
-: 4 :-
Applications pending, if any, stand disposed of in terms of the aforesaid judgment. A copy of this judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 1986/2019. The judgment be uploaded forthwith on the website of the commission for perusal of the parties.
File be consigned to record room alongwith a copy of this judgment.
Dated the 10th day of April 2023
Typed to my dictation
I agree. and corrected by me.
Sri H.Padhan Sri U.N.Purohit
Member President
Dt.10.04.2023 Dt.10.04.2023
