SRI BIJOY KUMAR DAS,PRESIDENT:-
Deficiency in service in respect of non-continuance and non-acceptance of premium amount without any valid reasons are the allegations arrayed against Ops.
2. Complaint in brief reveals that, complainant to insured his Life with Ops under Rural Postal Life Insurance (RPLI) obtained a Policy for Rs. 1 lakh on dt. 21.7.2010 with a half yearly premium of Rs. 2465/- for a period of 20 years. It is revealed that Complainant is paying half yearly premium regularly to Branch Post Master, Sansarfal (Op-1) upto January-2016 and obtained money receipts. The Xerox copies of money receipts are filed into the dispute as Annexure A-I series. The initial premium paid money receipts from July-2010 to Dec-2010 has been lost. It is alleged that though the Complainant has paid 12 half yearly premiums but did not obtain the Policy Bond, Pass booker, on his own effect, Complainant came to know from the Office of the Supt. of Post Offices (OP-4) that his Policy No. ROREA 178943. After receipt of 12 half yearly premium the Op-1, Branch Post Master refused to accept the premium amount by saying that no Policy particulars has been available, hence OP-1 denied to accept the premium amount. It is further alleged that, such non-acceptance of premium amount, non- release of Policy and passbook. Complainant and his family members sustained mental agony as the purpose of taking the RPLI and the risk coverage remains in dark. The Complaint is filed with prayer that a direction may be given to Ops to continue the RPLI Policy, or to refund the premium amount along with prevailing rate of interest and to pay Rs. 55,000/- as compensation for mental agony and cost of litigation.
3. Op- Postal Dept. on service of Notice appeared through their Ld. Counsel Mr. MD. Nayeem and filed joint written version and on their defense pleas averred that, due to error in computer programming. The half yearly premium was entered as Rs.250/- instead of Rs.2465/- ad also entered the wrong amount of sum assured as Rs.10,000/- instead of Rs.1 lakh and the Policy was mistakenly accepted. It is also averred that, a duplicate Policy and premium receipt book has been issued to Complainant on dt. 22/08/2017 for further deposit of premium, after applying for revival at Kendrapara Head Office. In the parawise reply it is stated that instruction has been given to all the Post Masters to accept the premium as per software programming and Complainant has not filed any written complaint to rectify the mistake. It is further averred as per Govt. of India guidelines on RPLI in the year 2015, for Kendrapara District, the individual customers under RPLI were notified to verify their Policies, which was published in the local daily news papers, electronic media etc. and the migration date was 30/11/2015. But Complainant has not informed to the Office of Supt. of Post Offices North Division (OP-4) regarding his grievances. It is further averred that, Op-Dept. is ready to refund the premium amount to the Complainant-Policy Holder as per the Dept. Rules and Op-Dept. has neither done any intentional harassment to the Complainant nor committed any deficiency in service. Hence, there is no question of any penalty or compensation to the insured.
4. Heard the Complainant and Ld. Counsel appearing for Op- Deptt. The admitted facts of the case are that Complainant has insured himself under Rural Postal Life Insurance Policy (RPLI) launched by Dept. of Posts, Govt. of India on a sum assured of Rs. 1 lakh with half yearly premium of Rs. 2465/-. The said Policy was started in the year 2010 and completes on 2030 for a period of 20 years. It is also admitted that prior to filing of the present complaint no Policy and premium Pass Book was issued to Complainant –Policy holder. It is further admitted that after payment of half yearly premium for certain years the Branch Post Master, Op-1 stopped receiving the premium amount from the complainant-Policy holder.
Op- Dept/ to counter the allegations of complainant regarding non-acceptance of premium and non-issuance of RPLI Policy, premium Pass book counters that due to wrong entry of the premium amount and sum assured in the computer soft ware and non-receipt of any complaint from the complainant-policy holder such mistake on the computer error could not be rectified. Considering the allegation and its defense, it appears that the wrong entry in the computer software is an internal matter of Op-Dept. The complainant like Policy holders are least concerned into the business. Further, the plea of no written complaint from the Complainant for redressal of his allegations. We observe that, complainant is silent regarding any written complaint in this regard to Op-Dept. But, we failed to undersigned how the Branch Post Master (OP-1) received the premium amount from July-2010 to Jan-2016, without any details perticulars of Policy and premium pass book and Op No.1 being an employee of the Op- Dept. is expected to be well versed with official functioning, software problem of Op- Dept. In our opinion after filing of the present complaint and to cover-up their own mistake, Op-Dept. pointing finger towards Complainant-Policy holder about non-response of news paper publication of notification of CPMG. Odisha on point of migration. The sorrowful state of affairs in the present case is Complainant like Policy holder takes a Life Insurance Policy to protect their family from Unforeseen happenings, if the Op-Dept acts in such a manner the Policy-holder and his family is expected to loss faith on the credibility of a responsible Dept., according to our unanimous view the acts of the Op-Dept. are definitely treated as deficiency in service as per C.P.Act, 1986.
However, when the Op-Dept. in their written version submits that, if the Complainant applies for refund of deposited premium amount same is to be released as per the rules. It is also a part of the prayer of the Complainant-Policy holder. It is also clear that, in order to get Justice Complainant was forced to file the present Complaint.
Having observation reflected above, it is directed that Op-Dept. shall refund the premium deposited amount of complainant with permissible RPLI rate of interest within one month of receipt of the application for refund by the complainant, if not refunded earlier along with Rs. 1000/- (Rs. One thousand only) as cost of litigation, failing to comply the direction will initiate proceeding as per the provisions of C.P.Act. 1986.
Complaint is allowed in part with cost on contest.
Pronounced in the open Court, this 6th day of March,2018.
I, agree. I, agree.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
