Orissa

Jajapur

CC/47/2016

Bansidhar Nath - Complainant(s)

Versus

Post Master,Rahasoi Post Office. - Opp.Party(s)

31 Jul 2017

ORDER

                IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JAJPUR.

                                                        Present:      1.Shri Jiban ballav Das , President

                                                                            2.Sri Pitabas Mohanty, Member,

                                                                            3.Miss Smita Ray, Lady Member.                      

                                              Dated the 31st day of July,2017.

                                                      C.C.Case No.47 of 2016

Bansidhar Nath  S/O Sriram Nath

Vill.Brundabanpur P.O. Rahasoi

 P.O/Dist-Jajpur.                                                                            …… ……....Complainant .                                                                       .

                   (Versus)

1.Post Master, Rahasoi  post office ,AT/P.O. Rahasoi ,

   P.S/Dist. Jajpur.

2.The Head Post Master  Jajpur Head post office, At/P.O/P.S/Dist.Jajpur.

                                                                                                                            ……………..Opp.Parties.                  

For the Complainant:                           Self.

For the Opp.Parties :                            Sri A.K. Das, Advocate.

                                                                                                     Date of order:   31.07.2017.

MISS SMITA  RAY, LADY   MEMBER .

The complainant has comes with the complaint petition  alleging deficiency in service on the part of the O.Ps since the O.Ps have refused to receive the monthly premium  of the postal RPLI policy .

            That the facts of the dispute in short as per complaint petition is that the complainant is a policy holder under the O.Ps bearing policy No.R-0R-EA-467058 at  Rahasoi village post office having  monthly premium of Rs.85/ per month .The period of RPLI is for  10 years. The complainant  paid premium of the policy regularly and obtained the payment receipt till Sept -2015 ,That all on a sudden in the month of Oct-15 the postal Dept..i.e O.P.1. refused to accept the RPLI monthly premium and informed  the complainant that his RPLI bond has not been received from O.P.no.2 till date ,for which  the O.P.no.1 is unable to accept the RPLI monthly premium.

            Thereafter the complainant several times visited the office of O.P.no.1 and 2 regarding his grievance and requested the O.Ps. to permit him to  deposit his monthly policy premium but unfortunately the O.Ps.  neither  settled  his grievance nor taken any steps for revival of his policy.

Accordingly finding no other alternative the complainant knocked  the door of this Fora with the prayer to direct the O.Ps to accept the monthly premium of the policy and imposed compensation and cost of Rs.7,000/- for deficiency in service.

            After appearance the O.P filed their written version through their learned advocate  taking the following stands :

The complaint petition as laid down before the learned forum is not maintainable and liable to be dismissed.

2.That the complainant Sri Bansidhar Nath had proposed himself under Rural Postal Life Insurance(RPLI) of Department of posts, India for a sum assured of Rs.10,000/-with monthly premium of Rs.85/- credited on 25.03.2011 under Rahasoi Branch post office in account with  Rambag Sub Post Office. According to  complainant, he has not received the policy bond and premium receipt book for which the BPM, Rahasoi Branch Office refused to accept the premium  after October,2015, . Further it is stated by O.P that due to  migration of RPLI software from NIC to MC Camish in which there is no provision for  collection of premium without policy number. As per the complainant he had visited Rahasoi Branch Office and Jajpur H.O but in vain. However, no written complaint has been received from the complainant at Jajpur H.O. Also there is no written complaint received from the customer  at this office. However, on receipt of the complaint petition, a fresh policy bond and premium receipt book has been issued  and dispatched to the complainant in his address vide Cuttack GPO registered letter No.RO8328495151 . The insured can revive the policy by making up to date deposit.

3.The insured has also  been requested to continue the policy after revival  at Jajpur H.O The post master, Jajpur H.O has been requested  to co-operate with the insured regarding revival sanction and further continuance  of the policy

            Further  the complainant had not  complained earlier about the non receipt of the policy bond  and premium receipt book but only has stated that due to non  acceptance of the premium by the BPM Rahasoi  Branch office,  he has filed this case . On receipt of complaint petition,  immediate steps have been  taken at this end by issuing the policy .There was  no intention  of willful delay or harassment to the complainant . Hence there is no question of penalty or compensation to the  insured.

                      On the date of hearing we heard the arguments from the learned adv. of the O.P and the complainant . Perused the pleadings and documents available on record filed by both the parties in details.

1.Admittedly it is undisputed fact that the complainant is the policy holder of the postal RPLI bearing No.R-0R-EA-465078 and  regularly he was paying  the premium of the policy till Sept-15.

2.That all on a sudden the O.P.no.1 refused to accept the premium amount of the policy on  the ground that the O.P.no.2 has not sent the RPLI policy bond till date .

3.That after verification of  the records in details it is  observed that the O.P has taken the stand in the written version  that migration of PLI soft ware  form NIC to Mc Camish   for  which there is no provision for  collection of premium without policy number. Therefore the premium could not collected by the BPM of Rahasoi branch office. The O.P also has  taken the stand that  no written complain has  been received by the O.P regarding his grievance. Hence on receipt of the complaint petition of this Fora  a  fresh policy bond and premium receipt book has been issued and dispatched to the complainant in his address vide  Cuttack GPO  Regd letter No. RO8328495151N dt.10.03.2017 and after receipt of the same bond and premium receipt book the insured also been  requested to continue his policy after revival of the same at  Jajpur H.P/ O.P.no.2 .

            Next point for consideration as to whether there is deficiency of service on the part of the OPs for  non acceptance  the premium amount of the policy of the complainant . On  this point it  is our considered view that  it is the mandatory duty of O.P  to receive the monthly premium of the policy from the complainant and  if there is any abstract regarding receipt of the premium amount  as per the  stand taken by the O.P in their written version )  It was  also the duty of the O.P to inform the same to the policy holder . The O.Ps. also taken the sand that there was migration of PLI software from NIC to Mc Camish in which there is no provision for  collection of premium without policy number. In this contest we do not understand under what circumstance the O.P.no.1 received the premium amount  of said policy from March-2011 to Sept-2015 without any policy number and it is also duty of the O.ps send the policy bond earlier which act they did only  after receipt of the complaint petition of the present dispute  but the O.P did not do the same in time ,for which the complainant suffered mental agony and lastly filed the present dispute to redress his grievance  before this Fora .

            Post and  Telegraph Department is a  public utility  service concern . The bureaucratic  red-tepasim should not have been crept into a Department which is involved in the service of general public on day to day basis. The instant case is an example of functioning of postal Telegraph Department at the grass route level most specifically in the rural area, so the service provider should be more vigilant to the woes of the general public. After hearing the argument,  there is no doubt  that the O.P  was negligent in performing the duty in time which resulted in not providing the prompt service to the petitioner, so this is the clear case of deficiency of service.

Hence this order

            For the forging observation the case of the petitioner is allowed against the O.P on contest. The OPs are directed to accept the monthly premium from the complaint for RPLI policy No.R-0R-EA-467058 and regularize  the policy after receipt of the default premium  amount from Oct- 2015 without any penalty . The OPs  are  also directed to pay  litigation expenses of Rs. 2,000/-(two thousand) to the complainant within one month after receipt of this order ,failing which the complainant is at liberty to realize the same through due process of law.

            This order is pronounced in the open Forum on this the 31st day of July,2017. under my hand and seal of the Forum.