Date of filing   :17-04-2009

                                                                                    Date of order  :20-08-2009

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                    C.C.No.96/09

                        Dated this, the 20^th day of August 2009.

PRESENT

SRI.K.T.SIDHIQ                                : PRESIDENT

SMT.P.RAMADEVI                                    : MEMBER

SMT.P.P.SHYMALADEVI              : MEMBER

Hemalatha.B,

W/o.Iswara. Nikhil Nilaya,

Near Palla, Kujathur.Po.

Manjehswara 671 323,                       } Complainant

(Adv.Shrikanthashetty.K)

1. Asst. Divisional Manager,

    Rural Postal life Insurance,          } Opposite parties

    Post Office Building, West Hill,

    Kozhikode. 673 005.

2. Branch  Post Master,

    Kunjathur Post office,

    Manjeshwara 671 323.

                                                            O R D E R

SRI.K.T.SIDHIQ, PRESIDENT

            Shortly stated the grievance of the complainant Hemalatha is that the opposite parties are not repaying the premia Rs.4,983/- that she paid towards a Postal Life Assurance policy. The policy was commenced on 30-03-1996 and ended with maturity date 14-3-2008.  But she has remitted 33 monthly premium only till Feb.2007.  Hence the complaint for the refund of Rs.4983/- the amount she remitted towards monthly premia with interest and costs.

2.            According to opposite parties the maturity claim in respect of a lapsed policy can not be admitted.  The policy of the complainant was in a lapsed condition for non payment of premia  As per the Rural Postal Life Insurance Scheme that is governed by Postal office Insurance Fund Rules (POIF).  Any policy which is not in force due to non payment of any premium with grace period shall be treated as lapsed and void and shall be governed by POIF rules for their settlement and revival and no claims whatsoever shall be entertained by the Department in respect of void policies.

3.         Both sides heard and Exts A1 to A5 marked on the side of complainant and Exts B1 to B6 marked on the side of opposite parties.

4.         It is evident that the policy of the complainant was lapsed since she has not remitted the premia till maturity.  Hence she is not entitled for any claim as per the Post Office Insurance Fund Rules and non-refund of the paid premia could not be considered as a deficiency in service.

            Therefore the complaint fails and hence we dismiss the complaint with no order as to cost.

    Sd/-                                               Sd/-                                                   Sd/-

MEMBER                                           MEMBER                                           PRESIDENT

Exts.

A1. Policy Original

A2.Copy of remittance of monthly premium by instalments.

A3.Copy of lawyer notice.

A4& A5 Acknowledgement cards.

B1.7-8-03 letter sent by complainant to OP

B2. 1-9-03. letter issued by OP to complainant.

B3. 14-3-08 Letter issued by OP to complainant.

B4. 15-3-95 Notification issued by OP

B5. True copy of rule 34 of Post office Insurance fund rules

B6 Photocopy of premium receipt book

    Sd/-                                                Sd/-                                                 Sd/-

MEMBER                                           MEMBER                                           PRESIDENT

Pj/                                                                    Forwarded by Order

                                                               SENIOR SUPERINTENDENT