J U D G M E N T:-

1.              This is an order for petition filed on behalf of the complainant Mira Devi W/o late Ram Lal of village cic basti P.S Patratu District Ramgarh against Superintendent of Post office Hazaribagh and others for grant of Rs- 300000/- the maturity amount of the deceased Ram Lal and Rs- 25000/- for compensation for mental agony and harassment.
2.             The complainant contended that late Karu Ram the husband of the complainant had opened Life Insurance Policy of Rs- 300000/- (Three lacs) with sub- Post Office Barkakana on 8/12/2009 and as against the first premium a sum of Rs- 990/- being reciept no- 49 dated 8/12/2009 premium book no- 2524 was issued and made over to the policy holder Karu Lal but the premium pass book of the said policy was not issued on that very date and on demand by Karu Lal it was told by the Sub- Post Master that as and when the second premium will be deposited pass book will be given. It is further contended karu Lal went to deposit as sum of Rs- 990/- on the succeeding month as second premium and asked for the pass book but the post master (opposite party no-2) again put off the matter on and another pretest for non issuing of pass book and told Karu lal that until and unless pass book is made available no second premium can be deposited. It is further contended that due to ill luck Karu Lal died of unnatural death during the period of due date of third premium as such no further premium could be deposited by Karu Lal. It is further contended information was given to the opposite party no-2 regarding the death of Karu Lal by the complainant as also by the agent and the complainant approached several times and requested the Sub- Post Master opposite party no-2 for making payment of the entire policy amount and also for issuance of pass book but the opposite party no-2 failed to make payment of the policy amount to the complainant the complainant also got information of post office vide right to information the superintendent of Post office Hazaribagh admitted matter but failed to make payment of the policy amount. The complainant contended that registered notice through the lawyer was sent but the opposite parties did not take any action hence the Consumer Complaint Case has been filed with the above prayer.
3.           The complaint case was filed before the Consumer Forum at Hazaribagh and the opposite parties also appeared there. Thereafter the case was recieved on transfer in this Forum at Ramgarh.
4.           The opposite party filed the written statement before the Forum at Hazaribagh. The opposite party in the written statement has contended that the case as set out and alleged is not maintainable and fit to be dismissed. The opposite party contended that no any documents have been filed as yet to support the case of the complainant. The answering opposite party admitted that Karu Lal was handed over the premium receipt for Rs- 990/- being no- 49 dated 9/12/2009 but the opposite party has not filed any documents. The opposite party also contended that the complainant has not added the agent of the post office as a party and hence the case suffers from mis joinder of the necessary party. The opposite party contended that the compensation as claimed are not admitted out denied.
5.            The opposite party also contended that the complaint case is not maintainable in the eye of Law. The opposite party also contended that the date of commencement of risk means the date on which the proposal is accepted as it is clearly mentioned that “No claim shall lie with postal life insurance before date of acceptance. It is further contended that the proposal was not accepted by the office of the Deputy Divisional Manager Postal Life Insurance and in the office of the Chief Post Master General Jharkhand circle Meghdoot Bhawan P.O and P.S Doranda and Karu Lal was not insured person on the date of the death and as such the complainant is not entitled to any relief and the case is fit to be dismissed.
6.           The complainant has filed his evidence on affidavit and the 1^st premium receipt.
7.           The opposite party has filed the Post Office Life Insurance Rules 2011 and submitted that acceptance letter is an intimation sent by Post Master General/Accepting authority in the proposal regarding acceptance of proposal and date of acceptance means the date on which the proposal is accepted and mentioned in the acceptance letter issued to the proposal and by date of commencement of risk means by date on which the proposal accepted and no claim shall lie with Postal Life Insurance before date of acceptance. In this case the complainant has not filed any documents showing the acceptance of the proposal of the Insurance and hence the complainant not entitled to get the maturity amount as claimed in the complaint petition.
8.              It is the admitted facts of the parties that late Karu Lal husband of Mira Devi had deposited Rs- 990/- against Rural Postal Life Insurance Policy and the opposite party issued 1^st receipt vide no-49 dated 8/12/2009 vide premium book no- 2524 the copy of the 1^st premium receipt has been filed with this record. It is also admitted that karu Lal died on 2/2/2010 as shown in the death certificate. It is also admitted that the complainant inform about the death of her husband and has claimed for the insurance amount from the Postal Authority on different dates but the authority has not paid any things even the deposited amount and the complainant has to more in different doors for the claim amount and ultimately has to file this Consumer complaint case on 22/11/11 and since then pursuing the case by appointing Advocates. It is also admitted that the complainant requested for the amount before the authority but the same was not paid. It is also admitted that even after filing of this case the o0pposite party has not attempted to refund the 1^st premium amount to the complainant even in the year 2011. Which is definitely a negligence on the part of the opposite party.
9.          Considering the above stated facts the Forum hold the opposite party is held responsible by not refunding even the 1^st premium of Rs- 990/- . This is definite a deficiency in the service on part of the opposite party.

                                             And                                                   Accordingly the forum direct the opposite party to pay back the deposited amount of Rs- 990/-   along with interest @ 12% per annum from the date of 8/12/2009 when the opposite party Sub Post master Barkakana Hazaribagh received the amount and issued 1^st premium receipt 2524 dated 8/12/2009 till the final payment and the forum also direct the opposite party to pay litigation of Rs- 5000/- within 30 days of this order.

         Failing which the complainant shall be entitled to get additional interest of 6% per annum for the entire amount.

          And also the complainant shall be entitled to get the order executed through the processes of Law.

        Supply free copies of this order to the complainant and the opposite parties.