R.A.No.23 of 2022

  F.A.No. 151 of 2021

        Heard the learned counsel for both sides.

2.     Learned counsel for the appellants submitted that due to wrong posting of date in the diary, he could not appear. So he submitted that the review petition may be   allowed by restoring appeal to file.

3.     Learned counsel for the respondent opposed the petition stating that he has been harassed by the appellants.

4.     Considered the submission. Perused the order. It appears that it is a matter of 2021. Since it is a mistake of concerned lawyer, the parties should not be allowed to suffer. Therefore, taking a lenient view, we review the order dated 11.10.2022  by restoring the appeal to file.

Misc.case is disposed of.

F.A.No.151 of 2021

       Heard learned counsel for both sides.

2.     The case of the complainant in nutshell is that the complainant has availed  a postal Life Insurance Policy from the O.Ps vide policy No.0000002063031 for sum assured of Rs.1,00,000/- on payment of monthly premium of Rs.496/- and the policy was to be matured on dated 20.04.2036. The complainant further submitted that he has paid two premiums. The complainant alleged that while going to pay 3^rdpremium on number of visits on various occasions and standing in the queue, the O.Ps denied to accept the 3^rd premium.The complainant contacted  the higher authority  but he has got no response. However, the complainant informed the said matter to the higher authority over email on 05.06.2018 and 29.06.2018 and reply was received on 30.06.2018. Further, the O.P demanded for payment of premium of Rs.519/- including penalty for the month of June, 2018. The complainant alleged that since one month is the grace period and he is not liable to pay extra amount of Rs.23/-  but the O.P. did not respond positively. Therefore, the complainant alleging deficiency in service on the part of the OPs filed the complaint case.

3.     The O.Ps appeared but did not file written version and as such they were  set exparte.

4.     After hearing the learned District Commission has passed the following order:-

“xxx                    xxx               xxx

          In our considered opinion, the opposite parties being jointly and severally liable are hence directed to refund the extra amount charged worth Rs.23/- ( Rupees twenty three only) and further compensate the complainant adequately to the tune of Rs.17,000/- ( Rupees Seventeen thousand only) towards mental agony, harassment and associated damages caused and Rs.5,000/-( Rupees Five thousand only) towards  the litigation expenses within a period of one month from the date of the present order failing which the amounts shall carry an interest at the rate of 8% per annum from the date of the order till the date of realization.”

5.     Learned counsel for the appellants submitted that  they are ready to receive the 3^rd  premium, for which the complainant was asked to pay for the premium. However, he admitted that the appellants are  ready to return extra charge of Rs.23/- but the learned District Commission without giving notice of the case passed the impugned order to pay Rs.17,000/- for mental agony  and harassment. Therefore, he submitted to set aside the impugned order by allowing the appeal.

6.     Learned counsel for the respondent supports  the impugned order.

7.     Considered the submission. Perused the DFR and impugned order.

8.     As it appears from the impugned order that the complainant has paid two installments. He has gone to pay 3^rd premium but OPs denied to receive it. Thereafter, complainant through email informed the higher authority of Postal Department who demanded Rs.519/- towards premium. However, it appears that  O.P.nos.1 and 2 have directed for payment of the extra amount of Rs.23/- which is not due for payment because the premium is to be paid with  one month grace period  as per the policy condition. Therefore, the O.Ps have admitted their fault and accordingly directed for return of Rs.23/- towards extra demand. So, we are not inclined to interfere with the impugned order of the learned District Commission.

9.     Learned counsel for the appellants submitted that compensation of Rs.17,000/- is  in higher side and he is ready to pay Rs.7,000/- towards compensation.

10.   We accept the observance of learned District Commission regarding negligence on the part of the O.Ps for receiving Rs.23/- towards extra demand which caused mental agony also harassment to the complainant. Therefore, considering the submission of learned counsel for the appellants and the facts and circumstances of the case, we thereby modify the impugned order by directing the appellants to pay Rs.10,000/- as compensation and litigation charge of Rs.2,000/- to the complainant  within a period of 45 days from today, failing which the amount shall carry  interest at the rate of 9% per annum. The rest part of the impugned order remains unaltered.

         DFR be sent back forthwith.

       Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.